HomeMy WebLinkAbout04112023 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City
to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11].
AGENDA
TEMECULA CITY COUNCIL
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
APRIL 11, 2023 - 6:00 PM
CALL TO ORDER: Mayor Zak Schwank
INVOCATION: Buck Longmore, Retired Firefighter
FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
PRESENTATIONS
Presentation of Proclamation for DMV/Donate Life Month
Presentation of Proclamation for Innovation Month
ANNUAL JOINT MEETING - CITY COUNCIL AND RACE, EQUITY, DIVERSITY AND
INCLUSION COMMISSION
BOARD / COMMISSION REPORTS
Community Services Commission
PUBLIC SAFETY REPORT
County of Riverside, Riverside County Sheriffs Department
PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the City Council on matters not
listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at
the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into
the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards
for in -person comments will be called in the order received by the City Clerk. Email comments on all
matters must be received prior to the time the item is called for public comments. All public
participation is governed by the Council Policy regarding Public Participation at Meetings adopted by
Resolution No. 2021-54.
Page 1
City Council Agenda April 11, 2023
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at this time. A
total, not to exceed, ten minutes will be devoted to these reports.
CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one
roll call vote. There will be no discussion of these items unless members of the City Council request
specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is
provided for members of the public to address the City Council on items that appear on the Consent
Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting
by submitting a speaker card to the City Clerk or by submitting an email to be included into the record.
Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person
comments will be called in the order received by the City Clerk. Email comments on all matters must be
received prior to the time the item is called for public comments. All public participation is governed by
the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda
2.
3.
4.
Recommendation: That the City Council waive the reading of the title and text of all
ordinances and resolutions included in the agenda.
Attachments: Agenda Report
Approve Action Minutes of March 28, 2023
Recommendation: That the City Council approve the action minutes of March 28, 2023.
Attachments: Action Minutes
Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:
Attachments
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
Agenda Report
Resolution
List of Demands
Approve Amended and Restated Office Lease and Memorandum of Lease Between the City of
Temecula and Temecula Vallev Convention & Visitors Bureau dba Visit Temecula Vallev
Recommendation: That the City Council approve the amended and restated office lease and
Page 2
City Council Agenda April 11, 2023
memorandum of lease between the City of Temecula and Temecula
Valley Convention & Visitors Bureau dba Visit Temecula Valley in
substantially the form as attached and authorize the Assistant City
Manager to execute same.
Attachments: Agenda Report
Amended and Restated Office Lease
Memorandum of Lease
5. Adopt Resolution Regarding the Addressing of Accessory and Junior Accessory Dwelling Units
(Long Range Planning Project No. LR23-0110)
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AN ADDRESSING POLICY FOR
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND MAKING THE FINDING OF EXEMPTION
UNDER SECTIONS 15061(B)(3) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT ("CEQA") (LONG RANGE
PLANNING PROJECT NO. LR23-0110)
Attachments: Agenda Report
Resolution
6. Approve Second Amendment to Agreement for Consultant Services with Hicks & Hartwick
Inc., for Engineering Plan Check Services
Recommendation: That the City Council approve the second amendment to the agreement
for consultant services with Hicks & Hartwick, Inc., for engineering plan
check services, to extend the term of the agreement to June 30, 2025, and
increase payment in the amount of $100,000, for a total agreement value
of $200,000.
Attachments: Agenda Report
Second Amendment
7. Approve Freeway Maintenance Agreement with State of California, Department of
Transportation (Caltrans)
Recommendation: That the City Council approve the Freeway Maintenance Agreement with
the State of California, acting by and through the Department of
Transportation (Caltrans).
Attachments: Agenda Report
Agreement
Page 3
City Council Agenda April 11, 2023
8. Approve Agreement for Consultant Services with Falcon Engineering Services, Inc. for the I-15
/ French Valley Parkway Improvements - Phase II, PW 16-01
Recommendation: That the City Council approve the agreement with Falcon Engineering
Services, Inc., in an amount not to exceed $8,880,275.70, to provide
professional construction management services for the I-15 / French
Valley Parkway Improvements - Phase II, PW 16-01.
Attachments: Agenda Report
Agreement
Project CIP Budget Sheet
9. Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning
of Public Contract Code Sections 20168 and 22050 and Appropriate Additional Funding for
Emergency Repairs
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A
NEED TO CONTINUE THE ACTIONS AUTHORIZED BY
RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY
CONDITION AND DECLARING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRES CERTAIN WORK TO BE
PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO
PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050, AND BY
RESOLUTION NOS. 2023-20 AND 2023-26, FINDING THAT AN
EMERGENCY CONDITION CONTINUES TO EXIST, AND TO
APPROPRIATE FUNDING FOR EMERGENCY REPAIRS
Attachments: Agenda Report
Resolution
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE
TEMECULA PUBLIC FINANCING AUTHORITY
Page 4
City Council Agenda April 11, 2023
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters
not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person
at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included
into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker
cards for in -person comments will be called in the order received by the City Clerk. Email comments on
all matters must be received prior to the time the item is called for public comments. All public
participation is governed by the Council Policy regarding Public Participation at Meetings adopted by
Resolution No. 2021-54.
CSD CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one
roll call vote. There will be no discussion of these items unless members of the Community Services
District request specific items be removed from the Consent Calendar for separate action. A total of 30
minutes is provided for members of the public to address the Board of Directors on items that appear on
the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at
the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into
the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards
for in -person comments will be called in the order received by the City Clerk. Email comments on all
matters must be received prior to the time the item is called for public comments. All public
participation is governed by the Council Policy regarding Public Participation at Meetings adopted by
Resolution No. 2021-54.
10. Approve Action Minutes of March 28, 2023
Recommendation: That the Board of Directors approve action minutes of March 28, 2023.
Attachments: Action Minutes
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTOR REPORTS
CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, April
25, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the
Council Chambers located at 41000 Main Street, Temecula, California.
Page 5
City Council Agenda April 11, 2023
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO
MEETING
TEMECULA HOUSING AUTHORITY - NO MEETING
JOINT MEETING - TEMECULA PUBLIC FINANCING AUTHORITY / CITY COUNCIL
CALL TO ORDER: Chair Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
TPFA PUBLIC COMMENT
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters
not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person
at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included
into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker
cards for in -person comments will be called in the order received by the City Clerk. Email comments on
all matters must be received prior to the time the item is called for public comments. All public
participation is governed by the Council Policy regarding Public Participation at Meetings adopted by
Resolution No. 2021-54.
TPFA / CITY COUNCIL CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one
roll call vote. There will be no discussion of these items unless members of the Temecula Public
Financing Authority request specific items be removed from the Consent Calendar for separate action. A
total of 30 minutes is provided for members of the public to address the Board of Directors on items that
appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in
person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be
included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov.
Speaker cards for in -person comments will be called in the order received by the City Clerk. Email
comments on all matters must be received prior to the time the item is called for public comments. All
public participation is governed by the Council Policy regarding Public Participation at Meetings
adopted by Resolution No. 2021-54.
11. Approve Deposit Agreement and Initiate Community Facilities District Formation Proceedings
Related to the Altair Development
Recommendation:
That the City Council/Board of Directors adopt resolutions entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT
AGREEMENT - ALTAIR
RESOLUTION NO. TPFA
Page 6
City Council
Agenda April 11, 2023
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A PETITION AND DEPOSIT
RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES
DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH
RESPECT THERETO - ALTAIR
Attachments: Agenda Report
City Council Resolution
TPFA Resolution
Petition
Deposit -Reimbursement Agreement
TPFA EXECUTIVE DIRECTOR REPORT
TPFA COUNCIL BOARD OF DIRECTOR REPORTS
TPFA ADJOURNMENT
The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, April
25, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the
Council Chambers located at 41000 Main Street, Temecula, California.
Page 7
City Council Agenda April 11, 2023
RECONVENE TEMECULA CITY COUNCIL
ITEMS FOR FUTURE CITY COUNCIL AGENDAS
Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any
such request will be discussed under this section. In making the request, a Council Member may briefly
describe the topic of the proposed agenda item and any timing associated with the placement of the item
on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of
the motion may occur. Items may only be placed on the agenda by Council Members pursuant to policy
or by the City Manager based on administrative or operational needs of the City. Public comments on
the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments
shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public
Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No.
2021-54.
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, April 25, 2023, at 4:30 p.m., for a
Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at
41000 Main Street, Temecula, California.
NOTICE TO THE PUBLIC
The full agenda packet (including staff reports, public closed session information, and any supplemental material
available after the original posting of the agenda), distributed to a majority of the City Council regarding any
item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center
during normal business hours at least 72 hours prior to the meeting. The material will also be available on the
City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions
regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444.
Page 8
Item No. 1
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk
DATE: April 11, 2023
SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in
the Agenda
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk
RECOMMENDATION: That the City Council waive the reading of the title and text of all
ordinances and resolutions included in the agenda.
BACKGROUND: The City of Temecula is a general law city formed under the laws of
the State of California. With respect to adoption of ordinances and resolutions, the City adheres to
the requirements set forth in the Government Code. In accordance with Government Code Section
34934, the title of each ordinance is included on the published agenda and a copy of the full
ordinance has been available to the public online on the City's website and will be available in
print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise
required, the full reading of the title and text of all ordinances and resolutions is waived.
FISCAL IMPACT: None
ATTACHMENTS: None
Item No. 2
ACTION MINUTES
TEMECULA CITY COUNCIL
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
MARCH 28, 2023 - 6:00 PM
CLOSED SESSION - 5:00 PM
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council convened
in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with
respect to one matter of pending litigation: In re National Opiate Litigation, MDL No. 2804, Case No.
1:17-MD-2804 (Federal District Court N.D. Ohio).
CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION. The City Council
convened in closed session with the City Attorney pursuant to Government Code Section
54956.9(d)(4) with respect to one matter of potential litigation. A point has been reached where, in the
opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure
to litigation involving the City and the City Council will decide whether to initiate litigation.
CALL TO ORDER at 6:00 PM: Mayor Zak Schwank
INVOCATION: Chaplain Themba M. Mzizi, Ph.D., Riverside County Sheriffs Department
FLAG SALUTE: Council Member Jessica Alexander
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
PRESENTATIONS
Presentation of Proclamation to Professional Women Toastmasters Club for Toastmasters Month
ANNUAL JOINT MEETING - CITY COUNCIL AND PLANNING COMMISSION
BOARD / COMMISSION REPORTS
Planning Commission
PUBLIC SAFETY REPORT
County of Riverside, Fire Department (CAL FIRE)
PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Enno Scint
• Jennifer Reeves
• Slim Killens
• Bob Kowell
• Gillian Larson
• Greg Langworthy
• Julie Geary
0 Dale Stewart
All electronic comments received were made a part of the record of the meeting.
PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• Laurel Lamont (Item #13)
CITY COUNCIL REPORTS
CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote
reflected unanimous approval.
1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda
Recommendation: That the City Council waive the reading of the title and text of all
ordinances and resolutions included in the agenda.
2. Approve Action Minutes of March 14, 2023
Recommendation: That the City Council approve the action minutes of March 14, 2023.
3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
4. Receive and File General Plan and Housing Element Annual Progress Report for the Period of
January 1, 2022 to December 31, 2022
Recommendation: That the City Council receive and file the General Plan and Housing
Element Annual Progress Report for the period of January 1, 2022 to
December 31, 2022.
5. Approve the Amended Salary Schedule Effective March 28, 2023
Recommendation: That the City Council approve the amended salary schedule to be
effective March 28, 2023.
6. Approve Consultant Agreement with TK Consulting Inc. for Ynez Road Improvements
Between Tierra Vista Road and Rancho Vista Road, Phase I, PW23-02
Recommendation: That the City Council:
1. Approve a consultant agreement with TK Consulting Inc. in the
amount of $461,610 for the for Ynez Road Improvements between
Tierra Vista Road and Rancho Vista Road, Phase I, PW23-02; and
2. Authorize the City Manager to approve extra work authorizations not
to exceed the contingency amount of $46,161, which is equal to 10% of
the agreement amount.
7. Approve Project Application and Commitment of Local Funds for Riverside County
Transportation Commission 2023 Western Riverside County Regional Arterials Call for
Projects
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE APPLICATION FOR RIVERSIDE
COUNTY TRANSPORTATION COMMISSION 2023 WESTERN
RIVERSIDE COUNTY REGIONAL ARTERIALS CALL FOR
PROJECTS AND THE COMMITMENT OF LOCAL FUNDS
8. Grant an Easement to Southern California Edison Company Located Within the Wolf Creek
Trail Park (APN 961-331-017)
Recommendation:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA GRANTING AN EASEMENT TO THE SOUTHERN
CALIFORNIA EDISON COMPANY LOCATED WITHIN THE WOLF
CREEK TRAIL PARK (APN 961-331-017)
9. Establish All -Way Stop Control at the Intersection of Pujol Street and Main Street
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, ESTABLISHING AN ALL -WAY STOP CONTROL AT
THE INTERSECTION OF PUJOL STREET AND MAIN STREET
AND FINDING THAT THE ACTION IS EXEMPT FROM
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER
SECTION 15301(C) OF THE CEQA GUIDELINES
3
10. Receive and File Temporary Street Closures for 2023 Springfest Events
Recommendation: That the City Council receive and file the temporary closure of certain
streets for the following 2023 Springfest Events:
TEMECULA BLUES FESTIVAL
COMMUNITY SERVICES EXPO
ROD RUN
TEMECULA CULTUREFEST
A TRIBUTE TO HEROES
11. Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning
of Public Contract Code Sections 20168 and 22050
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A
NEED TO CONTINUE THE ACTIONS AUTHORIZED BY
RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY
CONDITION AND DECLARING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRES CERTAIN WORK TO BE
PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT
TO PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050
RECESS:
At 7:31 PM, the City Council recessed and convened as the Temecula Community Services District
Meeting. At 7:34 PM the City Council resumed with the remainder of the City Council Agenda.
RECONVENE TEMECULA CITY COUNCIL
BUSINESS
13. Receive and File a Presentation on Affordable Housing in the City of Temecula (At the
Request of Mayor Pro Tem Stewart)
Recommendation: That the City Council receive and file a presentation on affordable
housing within the City of Temecula.
Receive and file only, no action.
DEPARTMENTAL REPORTS (RECEIVE AND FILE)
14. Community Development Department Monthly Report
15. Fire Department Monthly Report
4
16. Police Department Monthly Report
17. Public Works Department Monthly Report
ITEMS FOR FUTURE CITY COUNCIL AGENDAS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
In closed session tonight the Council considered the National Opioids Litigation. The City Council,
by a 5-0 vote, agreed to participate in the 2022 Settlements of the National Opioid Litigation with
opioid manufacturers Allergan and Teva, and opioid pharmaceutical distributors CVS, Walgreens and
Walmart. The Council also directed that the settlement payments be transferred to the County of
Riverside for its opioid remediation programs. Council further directed the City Manager and Staff to
take the actions necessary to approve the settlements and implement the settlement payments. No
other reportable actions from closed session.
ADJOURNMENT
At 8:25 PM, the City Council meeting was formally adjourned to Tuesday, April 11, 2023, at 4:30 PM
for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000
Main Street, Temecula, California.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
Item No. 3
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: April 11, 2023
SUBJECT: Approve List of Demands
PREPARED BY: Pam Espinoza, Accounting Technician II
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review
and approval by the City Council on a routine basis at each City Council meeting. The attached
claims represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or
authorized resources of the City and have been recorded in accordance with the City's policies
and procedures.
ATTACHMENTS: 1. Resolution
2. List of Demands
RESOLUTION NO.2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on file in
the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are
hereby allowed in the amount of $ 5,717,367.27.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 1 lth day of April, 2023.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2023- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the I Ith day of April, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
03/15/2023 TOTAL CHECK RUN:
03/16/2023 TOTAL CHECK RUN:
03/21/2023 TOTAL CHECK RUN:
03/23/2023 TOTAL CHECK RUN:
03/16/2023 TOTAL PAYROLL RUN:
2,559,594.07
1,100,124.68
749,021.10
625,015.19
683,612.23
TOTAL LIST OF DEMANDS FOR 04/11/2023 COUNCIL MEETING: $ 5,717,367.27
DISBURSEMENTS BY FUND: CHECKS
001
GENERAL FUND
2,952,114.64
110
COVID-19 PANDEMIC COMMUNITY REINVESTMENT
262,500.00
140
COMMUNITY DEV BLOCK GRANT
13,739.07
165
AFFORDABLE HOUSING
4,256.55
170
MEASURE A FUND
28,268.43
190
TEMECULA COMMUNITY SERVICES DISTRICT
227,109.68
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
26,461.29
194
TCSD SERVICE LEVEL D REFUSE RECYCLING
8,176.82
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
11,451.32
197
TEMECULA LIBRARY FUND
20,082.04
210
CAPITAL IMPROVEMENT PROJECTS FUND
962,631.53
300
INSURANCE FUND
30,017.77
305
WORKERS' COMPENSATION
3,241.74
310
VEHICLES AND EQUIPMENT FUND
38,454.49
320
INFORMATION TECHNOLOGY
132,370.26
330
SUPPORT SERVICES
7,472.14
340
FACILITIES
75512.93
478
CFD 16-01 RORIPAUGH PHASE II
46:249.00
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
4,682.57
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
3,173.38
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
9,188.51
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
667.30
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
3,461.60
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
1,708.58
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
1,216.38
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
12,664.93
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
230.36
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
701.38
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
181.22
512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
8,408.76
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP
7,124.67
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
1,154.49
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE
1,049.40
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
2,018.46
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
181.69
518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
21,353.00
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
5,633.17
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
12,719.42
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
44,767.86
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
370.55
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
599.28
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
12,244.31
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
3,918.79
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
164.54
527
SERVICE LEVEL"C"ZONE 27 AVONDALE
662.92
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
23,136.83
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
260.99
$ 5,033,755.04
DISBURSEMENTS BY FUND: PAYROLL
001 GENERAL FUND
110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT
140 COMMUNITY DEV BLOCK GRANT
165 AFFORDABLE HOUSING
190 TEMECULA COMMUNITY SERVICES DISTRICT
194 TCSD SERVICE LEVEL D REFUSE RECYCLING
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
197 TEMECULA LIBRARY FUND
300 INSURANCE FUND
305 WORKERS' COMPENSATION
320 INFORMATION TECHNOLOGY
330 SUPPORT SERVICES
340 FACILITIES
TOTAL BY FUND:
413,737.74
776.85
678.23
4,218.65
189,829.67
1,534.64
209.18
4,599.76
3,122.99
3,122.98
47,208.83
5,259.89
9,312.82
$ 683,612.23
$ 5,717,367.27
apChkLst Final Check List Page: 1
03/15/2023 2:44:21 PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
Description
504159
3/16/2023
010851
EMPLOYEE #00426
REIMB: NRPA MEMBERSHIP: TCSD
504160
3/16/2023
009374
ALLEGRO MUSICAL VENTURES
PIANO TUNING/MAINT: THEATER
DBA, ALLEGRO PIANO
SERVICE
504161
3/16/2023
007282
AMAZON CAPITAL SERVICES
MISC OFC SUPPLIES: ECO DEV
INC
MISC OFC SUPPLIES: CITY MGR
MISC OFC SUPPLIES: CMO
504162
3/16/2023
004240
AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
AFN
SHERIFF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
504163
3/16/2023
000936
AMERICAN RED CROSS,
STAFF/LIFEGUARDS CERTS:
HEALTH AND SAFETY SVCS
AQUATICS
504164
3/16/2023
012951
APPLIED DEVELOPMENT
QUALITY OF LIFE MASTER PLAN:
ECONOMICS
PLANNING
504165
3/16/2023
013950
AQUA CHILL OF SAN DIEGO
MAR DRINKING WTR SYS MAINT: TCC
MAR DRINKING WTR SYS MAINT: AQUAT
MAR DRINKING WTR SYS MAINT: POLICI
MAR DRINKING WTR SYS MAINT: AULD:
504166
3/16/2023
001445
ASSISTANCE LEAGUE OF
FY 22/23 COMMUNITY SVC FUNDING
TEMECULA, VALLEY
504167 3/16/2023 018941 AZTEC LANDSCAPING INC
504168 3/16/2023 018408 BOB CALLAHANS POOL
SERVICE
504169 3/16/2023 022651 BRANDASSASSINS
504170 3/16/2023 021588 BRAUN PETER, DBA
TEMECULA PLANTSCAPE
504171 3/16/2023 004248 CALIF DEPT OF JUSTICE
ACCTING
FEB RESTROOM MAINT: PARKS: PW
MAR POOL MAINT: OLD TOWN
FOUNTAIN
MAR POOL MAINT: CRC & TES POOL
OLD TOWN TEM WAYFINDING
SIGNAGE
MAR PLANTSCAPE SVC: CIVIC CTR
BLOOD & ALCOHOL ANALYSIS: TEM
SHERIFF
FEB FINGERPRINTING SVCS: HR
FEB FINGERPRINTING SVCS: TCSD
BLOOD &ALCOHOL ANALYSIS: TEM SHE
FEB FINGERPRINTING SVCS: POLICE
Amount Paid Check Total
180.00
480.00
108.27
26.21
153.10
620.10
473.73
33.89
281.93
192.00
1,370.00
28.28
69.60
62.53
62.53
5,000.00
9,098.22
950.00
1,100.00
12,500.00
500.00
35.00
1,764.00
98.00
665.00
2,689.00
180.00
480.00
287.58
1,409.65
192.00
1,370.00
222.94
5,000.00
9,098.22
2,050.00
12,500.00
500.00
5,251.00
Page:1
apChkLst Final Check List Page: 2
03/15/2023 2:44:21PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504172 3/16/2023 004462 CDW LLC, DBACDW
GOVERNMENT LLC
504173 3/16/2023 022790 CLEARSTAR INC
504174 3/16/2023 000442 COMPUTER ALERT SYSTEMS
504175 3/16/2023 020648 DG INVESTMENT HOLDINGS 2
INC, CONVERGINT
TECHNOLOGIES
(Continued)
Description
MONITOR REPLACEMENT: INFO TECH
WIRELESS ACCESS POINTS: CITY HALL
MISC SMALL TOOLS & EQUIP: INFO TECI
MISC SMALL TOOLS & EQUIP: INFO TECI
MISC SMALL TOOLS & EQUIP: IT
MISC SMALL TOOLS & EQUIP: SMALLTC
REPLACEMENT COLOR PRINTERS: INFC
KEYBOARD & MOUSE REPLACEMENT: Il
MISC SMALL TOOLS & EQUIP: INFO TECI
MISC SMALL TOOLS & EQUIP: INFO TECI
PRE -EMPLOYMENT SCREENINGS: HR
APR-JUN ALARM MONITORING:
POLICE
ALARM SVC CALL: CIVIC CTR
ACCESS CONTROL: CRC: PW19-07
TRAFFIC CAMERAS: CITYWIDE SURVEIL
MAINT & REPAIR SECURITY SYS: INFO T
TRAFFIC INTERSECTION CAMERAADD:
ACCESS CONTROL & CAMERAS: MRC: C
504176 3/16/2023
003945 DIAMOND ENVIRONMENTAL
PORTABLE RESTROOMS: LONG
SRVCS
CANYON CREEK
PORTABLE RESTROOMS: VAIL RANCH P
PORTABLE RESTROOMS: VETERANS Pk
PORTABLE RESTROOMS: RIVERTON PK
504177 3/16/2023
019720 DIVERSIFIED WATERSCAPES
FEB WTR QUALITY MAINT: DUCK
INC
POND/HARV
504178 3/16/2023
004192 DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: LAND
DEV/NPDES
FUEL FOR CITY VEHICLES: PARK MAINT
FUEL FOR CITY VEHICLES: FIRE DEPT
FUEL FOR CITY VEHICLES: TRAFFIC: PN
FUEL FOR CITY VEHICLES: EOC
FUEL FOR CITY VEHICLES: POLICE
FUEL FOR CITY VEHICLES: CIP: PW
FUEL FOR CITY VEHICLES: STREET MAI
FUEL FOR CITY VEHICLES: TCSD
FUEL FOR CITY VEHICLES: CODE ENFOI
504179 3/16/2023
020904 ECONOMIC ALTERNATIVES INC
MAR WTR SYST MAINT: CIVIC CTR
504180 3/16/2023 018098 ELITE CLAIMS MANAGEMENT FEB'23 3RD PARTY CLAIM ADMIN: WC
INC
Amount Paid Check Total
3,825.45
4,276.66
401.96
219.89
80.19
130.30
3,775.89
826.06
196.84
185.42
160.66
193.58
210.50
21.566.13
6,413.51
870.00
5,280.00
37,416.80
110.88
165.88
110.88
110.88
7,430.00
39.33
2,602.60
134.65
277.68
91.03
86.88
288.76
2,285.83
103.28
134.51
538.67
1.250.00
13,918.66
160.66
404.08
71, 546.44
498.52
7,430.00
6,044.55
538.67
1,250.00
Paget
apChkLst Final Check List Page: 3
03/15/2023 2:44:21PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
504181
3/16/2023
002577
ENGINEERING RESOURCES,
ENG SVCS: MURR CRK REG SPORTS
OF SOUTHERN CALIF INC
PRK
ENG SVCS: BIKE TRAIL PRGM: PW19-11
ENG SVCS: OVERLAND: PW20-11
504182
3/16/2023
010804
FEHRAND PEERS
TRANSP
DISCOVERY/BENCHMARKING: PLNG
504183
3/16/2023
003747
FINE ARTS NETWORK AKA
TICKET SALES ADVANCE:
THEATRE, CO AND BALLET
SPONGEBOB
THEATER
504184
3/16/2023
022726
FORENSIC NURSES OF SOCAL
SART EXAMS: TEM SHERIFF
INC
504185
3/16/2023
014865
FREIZE UHLER KIMBERLY DBA,
MISC PROMOTIONAL ITEMS: TVE2
CLEAR BLUE PROMOTIONS
CITY APPAREL: CITY MGR
504186
3/16/2023
001937
GALLS LLC
MISC EQUIPMENT: CAP: TEM SHERIFF
504187
3/16/2023
022865
EMPLOYEE #00571
REIMB: TEAM PACE
504188
3/16/2023
021365
GEORGE HILLS COMPANY INC
FEB CLAIMS ADMINISTRATION: HR
DEC CLAIMS ADMINISTRATION: HR
504189
3/16/2023
021308
GILLIS & PANICHAPAN
ARCHITECTURAL SVCS: FIRE STA 84
ARCHITECTS, INC
PW19-14
504190
3/16/2023
010028
GOFORTH & MARTI, DBA GM
OFFICE FURNITURE: CHAIRS:
BUSINESS INTERIORS
FINANCE
504191
3/16/2023
004890
GOLDEN STATE FIRE
ANNUAL SPRINKLER INSPECTIONS:
PROTECTION
LIBRARY
ANNUAL SPRINKLER INSPECTIONS: FO(
ANNUAL SPRINKLER INSPECTIONS: TC(
ANNUAL SPRINKLER INSPECTIONS: CIV
ANNUAL SPRINKLER INSPECTIONS: MPt
ANNUAL SPRINKLER INSPECTIONS: TVE
ANNUAL SPRINKLER INSPECTIONS: JRC
ANNUAL SPRINKLER INSPECTIONS: PRP
504192
3/16/2023
006914
INNOVATIVE DOCUMENT
JAN COPIER
SOLUTIONS
MAINT/REPAIR/USAGE:CITYWIDE
504193
3/16/2023
004119
J T B SUPPLY COMPANY INC
LED LIGHTS: TRAFFIC MAINT: PW
504194
3/16/2023
022018
KNOWBE4INC
SECURITY AWARENESS TRAINING: IT
Amount Paid Check Total
12,282.50
5,576.50
15,756.06 33,615.06
4,199.50 4,199.50
10,000.00 10,000.00
1,200.00 1,200.00
180.49
199.58 380.07
34.97 34.97
334.48 334.48
3,145.80
92.00 3,237.80
4,025.00 4,025.00
995.75 995.75
700.00
700.00
700.00
700.00
700.00
700.00
700.00
700.00 5,600.00
6,888.69 6,888.69
2,412.00 2,412.00
1,099.50 1,099.50
Page3
apChkLst Final Check List Page: 4
03/15/2023 2:44:21PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
504195
3/16/2023
000482
LEIGHTON CONSULTING INC
GEOTECHNICAL SVCS: PA22-1124:
PLNG
MATUS TESTING SVCS: CRC RENO: PW'
504196
3/16/2023
023146
MAKELELE SYSTEMS
CONST SVCS: RECYCLED WTR
LANDSCAPE &
RETROFIT PGRM
CONST SVCS: RECYCLED WTR RETROF
504197
3/16/2023
021370
MARK THOMAS AND COMPANY
JAN DSGN CONSULTANT SVCS:
INC
CHERRY ST EXT
504198
3/16/2023
018675
MDG ASSOCIATES INC
JAN ADA LABOR COMPLIANCE SVCS:
PW20-13
504199
3/16/2023
018314
MICHAEL BAKER
JAN CNSLT SVCS: I-15/79 INTRCHG
INTERNATIONAL
17-19
504200
3/16/2023
013443
MIDWEST TAPE LLC
BOOKS ON TAPE: LIBRARY
504201
3/16/2023
004951
MIKE'S PRECISION WELDING
BALLARD COVER: STREET MAINT: PW
INC
504202
3/16/2023
021343
MILLER ARCHITECTURAL
ARCHITECTURAL SVCS: CIVIC CTR
CORP
MODIFICATI
504203
3/16/2023
004043
MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: TCC
INC
ELECTRICAL SUPPLIES: CIVIC CENTER
ELECTRICAL SUPPLIES: TCC/SAFE HOU
ELECTRICAL SUPPLIES: CIVIC CTR
ELECTRICAL SUPPLIES: PARKS: PW
504204
3/16/2023
004586
MOORE FENCE COMPANY INC
FENCE REPAIR:
MARGAR I TA/G E O RG ETO W N
504205
3/16/2023
019019
MUSIC CONNECTION LLC
SPEAKEASY @ THE MERC 03/11
504206
3/16/2023
020946
MUSSON THEATRICAL INC
MISC SUPPLIES: THEATER: TCSD
Amount Paid Check Total
2,800.00
5,895.20
8,695.20
13,442.50
26,961.00
40,403.50
13,989.50
13,989.50
1,363.76
1,363.76
6,855.00
6,855.00
44.69
44.69
180.00
180.00
4,400.00
4,400.00
294.98
606.66
400.64
20.78
2,601.08
3,924.14
5,629.88
5,629.88
624.40
624.40
599.31
599.31
Page:4
apChkLst Final Check List Page: 5
03/15/2023 2:44:21PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504208 3/16/2023 022599 NIEVES LANDSCAPE INC
504209 3/16/2023 014173 NPG INC DBA, GOLDSTAR
ASPHALT PRODUCTS
504210 3/16/2023 021121 OCCUPATIONAL HEALTH CTR
OF CA, DBA CONCENTRA
MEDICAL CTR
504211 3/16/2023 021998 OLD TOWN TIRE AND SERVICE
INC
504212 3/16/2023 020544 PARKHOUSE TIRE SERVICE
INC
(Continued)
Description
Amount Paid Check Total
JAN LDSCP MAINT SVCS: SLOPES:
60,309.58
PARKS: PW
TOPSOIL: RONALD REGAN SPORTS PAF
1,125.00
IRRIGATION REPAIRS: MIKE NAGGAR PI,
143.06
IRRIGATION REPAIRS: DUCK POND
367.75
FEB LDSCP MAINT SVCS: 1-15/79 S: PWO
6,977.00
IRRIGATION REPAIRS: CROWNE HILLS
446.87
IRRIGATION REPAIRS: VAIL RANCH
272.36
IRRIGATION REPAIRS: BIRDSALL
225.75
IRRIGATION REPAIRS: SERENA HILLS
190.87
IRRIGATION REPAIRS: MEDIANS: M-02
309.72
LDSCP IMPROVEMENTS: CALLEARAGO
8,699.00
FEB LDSCP MAINT SVCS: FACS: PW
10,454.50
IRRIGATION REPAIRS: CAMPOS VERDE:
206.01
MOUND CLAY & BRICKS: BASEBALL FIEL
2,029.66
IRRIGATION REPAIRS: BIRDSALL
226.66
IRRIGATION REPAIRS: MEDIANS: M-10
231.06
IRRIGATION REPAIRS: BIRDSALL
201.35
IRRIGATION REPAIRS: BIRDSALL
446.87
IRRIGATION REPAIRS: RED HAWK
446.87
IRRIGATION REPAIRS: VINTAGE HILLS
295.84
IRRIGATION REPAIRS: CROWNE HILLS
446.87 94,052.65
ASPHALT REPAIR: OVERLAND TRAIL
9,250.00
ASPHALT REPAIR: OVERLAND TRAIL
63,825.00
ASPHALT REPAIR: PECHANGA BRIDGE
7,304.92 80,379.92
PRE -EMPLOYMENT SCREENINGS: HR 93.00 93.00
VEHICLE MAINT: STREET MAINT: PW 1,301.47
VEHICLE MAINT: TRAFFIC MAINT: PW
449.19
VEHICLE MAINT: TRAFFIC MAINT: PW
648.58
VEHICLE REPAIRS: PARKS: PW
723.00
VEHICLE REPAIRS: PARKS: PW
1,275.48
VEHICLE MAINT: BLDG & SAFETY
98.20
VEHICLE REPAIR: PARKS: PW
1,081.02 5,576.94
TIRE SVC: STREET MAINT: PW
700.37 700.37
Page:5
apChkLst Final Check List Page: 6
03/15/2023 2:44:21PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504213 3/16/2023 005075 PRUDENTIAL OVERALL
SUPPLY
504214 3/16/2023 022537 REFRIGERATION SUPPLIES,
DISTRIBUTOR
(Continued)
Description
UNIFORM SVCS: PARK MAINT: PW
UNIFORM SVCS: STREET MAINT: PW
FLOOR MATS/TOWEL RENTALS: TCC
FLOOR MATS/ TOWEL RENTALS: LIBRAR
FLOOR MATS/TOWEL RENTALS: FOC
FLOOR MATS/TOWEL RENTALS: TVM
UNIFORM SVCS: STREET MAINT: PW
FLOOR MATS/TOWEL RENTALS: CRC
FLOOR MATS/TOWEL RENTALS: THEATE
MISC HVAC SUPPLIES: CIVIC CTR
MISC HVAC SUPPLIES: TCC
MISC HVAC SUPPLIES: CIVIC CTR
MISC HVAC SUPPLIES: TCC
MISC HVAC SUPPLIES: CIVIC CTR
504215
3/16/2023
000267
RIVERSIDE CO FIRE
FPARC-TM, INV 234951, 22/23, Q1
DEPARTMENT
504216
3/16/2023
009213
SHERRY BERRY MUSIC
STAND UP COMEDY @ THE MERC 2/25
504217
3/16/2023
022659
SIDI SEBASTIAN, DBA SEBAZ
1-15/FVP GROUNDBREAKING VIDEO:
VIDEO PRODUCTIO
CIP
504218
3/16/2023
022051
SINGH GROUP INC
HOMELESS ENCAMPMENT CLEAN-UP
504219
3/16/2023
000645
SMARTAND FINAL INC
RFRSHMNTS: SPECIAL EVENTS: TCSD
504220
3/16/2023
020545
SOCIAL WORK ACTION GROUP
Street Outreach Services Contracted
504221
3/16/2023
006145
STENO SOLUTIONS
FEB TRANSCRIPTION SVCS: TEM
TRANSCRIPTION, SRVCS INC
SHERIFF
FEB TRANSCRIPTION SVCS: TEM SHERI
504222
3/16/2023
003849
TERRYBERRY COMPANY
EMPLOYEE SVC RECOGNITION: HR
504223
3/16/2023
016311
TIERCE, NICHOLAS
GRAPHIC DESIGN SVCS: THEATER
504224
3/16/2023
021603
TITAN RENTALS GROUP INC,
RENTALS: SPECIAL EVENTS: ECON
TITAN TENT & EVENT RENTAL
DEV
504225
3/16/2023
017415
TK ELEVATOR CORPORATION
ELEVATOR MAINT: SOMMERS BEND
Amount Paid Check Total
67.21
19.53
14.32
19.88
10.28
12.74
47.06
31.45
9.89
3,258.64
24.51
50.50
60.34
39.85
1,925,097.77
1,914.75
1,400.00
19,172.00
248.09
22,599.55
61.38
47.61
75.22
4,920.00
455.40
465.00
232.36
3,433.84
1,925,097.77
1,914.75
1,400.00
19,172.00
248.09
22,599.55
108.99
75.22
4,920.00
455.40
465.00
Pagefi
apChkLst Final Check List Page: 7
03/15/2023 2:44:21PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
504226
3/16/2023
019100
TNT ENTERTAINMENT GROUP
DJ/MC SOUND SVCS: ART OF THE
LLC
WALLS
504227
3/16/2023
021580
TOWNSEND PUBLIC AFFAIRS
MAR CONSULTING SVCS: CITY CLERK
INC
504228
3/16/2023
007766
UNDERGROUND SERVICE
MAR DIG SAFE BIRD BILLABLE TIX: PW
ALERT, OF SOUTHERN
CALIFORNIA
Amount Paid Check Total
425.00
425.00
6,000.00
6,000.00
70.85
70.85
504229 3/16/2023 009101 VISION ONE INC, DBA
FEB SHOWARE TICKETING SVCS:
2,189.20
2,189.20
ACCESSO
THEATER
504230 3/16/2023 020275 WALLACE & ASSOC
CONSTRUCTION INSP SVCS: PW22-02
1,932.00
CONSULTING LLC, ANSER
ADVISORY MNGMT LLC
JAN CONST MGMT SVCS: CRC: PW19-07
14,942.00
16,874.00
504231 3/16/2023 021024 YANES BLANCAA, DBA DE
OCT & NOV LDSCP PLN CK &
24,000.00
GANGE CONSULTING
INSPECTION: PLN
DEC LDSCP PLN CK & INSPECTION: PLN
11,275.00
JAN LDSCP PLN CK & INSPECTION: PLN
5,085.00
JULY & AUG LDSCP PLN CK & INSPECTI(
19,774.00
SEP LDSCP PLN CK & INSPECTION: PLN
11,910.00
72,044.00
Grand total for
EFT UNION BANK:
2,559,594.07
Page:?
apChkLst Final Check List Page: 8
03/15/2023 2:44:21PM CITY OF TEMECULA
72 checks in this report.
Grand Total All Checks: 2,559,594.07
Page:8
apChkLst Final Check List Page: 1
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date Vendor
Description
14676
1/10/2023 006887
UNION BANK OF CALIFORNIA
023168
PAPA FETA
RFRSHMNTS: PLANNING COMM MTG
11/16
020535
LUNA GRILL
RFRSHMNTS: PLANNING COMM MTG
12/7
022763
CALIF PLANNING & DEV
MEMBERSHIP RENEWAL: COMM DEV
REPORT
14810
3/9/2023 006887
UNION BANK OF CALIFORNIA
023219
ISC2
MEMBERSHIP: CISSP: INFO TECH
008567
GODADDY.COM INC
DOMAIN RENEWAL:
TEMECULATHEATER.COM
008567
GODADDY.COM INC
DOMAIN RENEWAL:
TEMECULATHEATER.ORG
008567
GODADDY.COM INC
DOMAIN RENEWAL:
TEMECULAEVENTS.ORG
006937
SOUTHWEST AIRLINES
AIRFARE: TYLER CONNECT CONF:
INFO TECH
006937
SOUTHWEST AIRLINES
AIRFARE: TYLER CONNECT CONF:
INFO TECH
021800
FEDERAL AVIATION ADMINIST,
DRONE REGISTRATION: INFO TECH
DBA FAA
006937
SOUTHWEST AIRLINES
AIRFARE: TYLER CONNECT CONF:
INFO TECH
006937
SOUTHWEST AIRLINES
AIRFARE: TYLER CONNECT CONF:
INFO TECH
14811
3/9/2023 006887
UNION BANK OF CALIFORNIA
009612
BJS RESTAURANTS INC
RFRSHMNTS: OUTREACH MTG: TCSD
020822
G6 HOSPITALITY LLC, DBA
LODGING: HOMELESS OUTREACH
MOTEL 6
022560
UBER
TRANSP: HOMELESS OUTREACH
007218
SWING INN CAFE
RFRSHMNTS: PIT COUNT: TCSD
021003
CVS PHARMACY
MEDICAL SUPPLIES: HELP CTR: TCSD
007987
WALMART
MISC SUPPLIES: HELP CTR: TCSD
023220
PAMS DONUTS
RFRSHMNTS: PIT COUNT: TCSD
015626
EVENTBRITE.COM
REGIST: LEADHERSHIP CONF: TCSD
004822
RIVERSIDE TRANSIT AGENCY
TROLLEY SVCS: HOMELESS
OUTREACH
Amount Paid Check Total
337.62
232.55
238.00 808.17
125.00
40.34
42.34
42.34
400.95
400.95
5.00
400.95
400.95 1,858.82
117.53
80.15
63.95
307.29
129.43
226.19
35.99
100.00
250.00 1,310.53
Page:1
apChkLst Final Check List Page: 2
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
14826 3/9/2023 006887
UNION BANK OF CALIFORNIA
000154
C S M F O
006952
PAYPAL
019953
CAESARS ENTERTAINMENT
CORP, DBA PARIS
HOTEL/FLAMINGO
001060
HYATT
(Continued)
Description
Amount Paid Check Total
WEBINAR REGIST: INTRO TO GOV'T 100.00
ACCTING
VERISIGN PAYFLOW PRO 25.00
TRANSACTION: FIN
LODGING: CRIA CONF: POLICE 166.68
III Biel19lewe9IT, lYiZKel►Iaa1►/_1►Is] 1111=L!
800.62
Paget
apChkLst Final Check List Page: 3
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
14827 3/9/2023 006887
UNION BANK OF CALIFORNIA
020249
LAUND3R.COM LLC
000152
CALIF PARKS AND
RECREATION SOC, C P R S
000152
CALIF PARKS AND
RECREATION SOC, C P R S
000152
CALIF PARKS AND
RECREATION SOC, C P R S
007987
WALMART
020249
LAUND3R.COM LLC
000152
CALIF PARKS AND
RECREATION SOC, C P R S
023164
PIZZA FACTORY
000152
CALIF PARKS AND
RECREATION SOC, C P R S
000152
CALIF PARKS AND
RECREATION SOC, C P R S
023230
SAN DIEGO WHALE WATCH
019291
TLK ICE INC, DBA KONA ICE
TEMECULA VAL
021429
ARLO TECHNOLOGIES
007987
WALMART
022736
POLAR ENGRAVING
CORPORATION, DBA POLAR
ENGRAVING
022736
POLAR ENGRAVING
CORPORATION, DBA POLAR
ENGRAVING
017443
OPERATING CO LLC MED
CUISINE, DBA DAPHNE'S
CALIFORNIA
007177
MACARONI GRILL
000254
PRESS ENTERPRISE
COMPANY INC
000152
CALIF PARKS AND
RECREATION SOC, C P R S
006952
PAYPAL
003605
LAKE ELSINORE STORM, PROF
BASEBALLTEAM
020886
NETFLIX.COM
(Continued)
Description
Amount Paid Check Total
LAUNDRY SVCS: TABLE CLOTHS:
66.25
TCSD
REGISTRATION: CONFERENCE: TCSD
630.00
REGISTRATION: CONFERENCE: TCSD
575.00
REGISTRATION: CONFERENCE: TCSD
575.00
MISC SUPPLIES: SPECIAL EVENTS:
225.40
TCSD
LAUNDRY SVCS: TABLE CLOTHS:
103.30
TCSD
MEMBERSHIP: TCSD
145.00
RFRSHMNTS: RSO MEETING
659.77
MEMBERSHIP: TCSD
145.00
MEMBERSHIP: TCSD
145.00
EXCURSION: MPSC: SENIOR WHALE
1,407.40
WATCHING
RFHRSHMNTS: CULTUREFEST: TCSD
1,000.00
SUBSCRIPTION: THEATER: TCSD
119.88
MISC SUPPLIES: SPECIAL EVENTS:
84.50
TCSD
ENGRAVING SVCS: PARKS
144.50
ENGRAVING SVCS: PARKS 35.00
RFRSHMNTS: HOSPITALITY: THEATER 50.01
RFRSHMNTS: HOSPITALITY: THEATER 47.85
ONLINE SUBSCRIPTION: TCSD 18.00
MEMBERSHIP RENEWAL: TCSD 150.00
VERISIGN PAYFLOW PRO 251.30
TRANSACTION: TCSD
DEPOSIT: LAKE ELSINORE STORM 500.00
EVENT
MONTHLY SVC CHARGE: TEEN ROOM: 9.99
CRC
Page:3
apChkLst
03/16/2023
4:03:28PM
Final Check List
CITY OF TEMECULA
Page: 4
Bank:
union UNION BANK
(Continued)
Check #
Date Vendor
Description
Amount Paid
Check Total
012085
ISTOCK INTL INC
SUBSCRIPTION: PROMO IMAGES:
120.00
TCSD
019835
JDS CREATIVE ACADEMY
AWARD SUBMITTAL: DIGIFEST: TCSD
84.00
007177
MACARONI GRILL
RFRSHMNTS: HOSPITALITY: THEATER
114.19
000282
SO CALIF MUNICIPAL
MEMBERSHIP DUES: SPORTS: TCSD
145.00
7,551.34
ATHLETIC, FEDERATION INC
14828
3/9/2023 006887
UNION BANK OF CALIFORNIA
014779
TOWN CENTER CLEANERS
DRY CLEANING SVCS: TABLE LINENS:
126.25
CITY
020419
CHIPOTLE CORP OFC
RFRSHMNTS: CITY CNCL MTG 1/24
227.70
000254
PRESS ENTERPRISE
ONLINE SUBSCRIPTION: CITY CLERK
14.00
COMPANY INC
000912
CITY CLERKS ASSN OF CALIF
REGISTRATION: CONFERENCE: CITY
575.00
942.95
CLERK
14832
3/9/2023 006887
UNION BANK OF CALIFORNIA
000305
TARGET BANK BUS CARD
MISC SUPPLIES: FVP CEREMONY:
77.87
SRVCS
ECO DEV
019953
CAESARS ENTERTAINMENT
LODGING: ICSC CONF: ECON DEV
361.68
CORP, DBA PARIS
HOTEL/FLAMINGO
019953
CAESARS ENTERTAINMENT
LODGING: ICSC CONF: ECON DEV
361.68
CORP, DBA PARIS
HOTEL/FLAMINGO
019953
CAESARS ENTERTAINMENT
LODGING: ICSC CONF: CITY COUNCIL
361.68
CORP, DBA PARIS
HOTEL/FLAMINGO
019953
CAESARS ENTERTAINMENT
LODGING: ICSC CONF: CITY COUNCIL
361.68
CORP, DBA PARIS
HOTEL/FLAMINGO
009720
STARBUCKS CORPORATION
RFRSHMNTS: FVP CEREMONY: ECON
120.00
DEV
006952
PAYPAL
REGIST: SW RIV CNTY ASSOC MTG:
45.00
CITY MGR
000210
LEAGUE OF CALIF CITIES
REGIST: CREDIT: CITY MGR
-675.00
013338
APPLE STORE
ADDT PHONE STORAGE: SOCIAL
9.99
MEDIA: ECON
021284
LEWIS CLEANERS
DRY CLEANING SVCS: TABLE CLOTHS:
85.00
ECON
008669
VONS
RFRSHMNTS: FVP CEREMONY: ECON
39.03
DEV
023234
LISA DONUT & BOBA
RFRSHMNTS: FVP CEREMONY: ECON
162.78
1,311.39
DEV
14836
3/9/2023 006887
UNION BANK OF CALIFORNIA
023218
COLLEGE OF CONTINUING,
REGIST: FED AID PROJ DVLPMNT
25.00
EDUCATION
CLASS: CIP
007098
INTL RIGHT OF WAY ASSN
MEMBERSHIP FEE: LAND DEV: PW
280.00
305.00
Page:4
apChkLst Final Check List Page: 5
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date
Vendor
14849 3/9/2023
006887
UNION BANK OF CALIFORNIA
018315
CHARITY FOR CHARITY
14850 3/9/2023
006887
UNION BANK OF CALIFORNIA
018315
CHARITY FOR CHARITY
006714
SHERATON HOTEL
14851 3/9/2023
006887
UNION BANK OF CALIFORNIA
021390
ONTARIOAIRPORT
001264
COSTCO TEMECULA 491
020953
LYFT
023243
MANGO TACO
006714
SHERATON HOTEL
023242
SELLAND FAMILY
RESTAURANTS„ DBA ELLA
DINING ROOM
006937
SOUTHWEST AIRLINES
006942
ONTARIO AIRPORT PARKING
LOT
006714
SHERATON HOTEL
001060
HYATT
001060
HYATT
009863
BUBBA GUMP SHRIMP
COMANY
006714
SHERATON HOTEL
006714
SHERATON HOTEL
006614
CALIF CITY MANAGEMENT
006714
SHERATON HOTEL
006714
SHERATON HOTEL
023244
TWENTY/20 RESTAURANT
(Continued)
Description
Amount Paid
Check Total
REGIST: FUNDRAISER: STARS OF THE
125.00
125.00
VALLEY
REGIST: FUNDRAISER: STARS OF THE
125.00
VALLEY
LODGING: CAL CITIES CONF: CITY CNL
572.46
697.46
RFRSHMNTS: CAL CITIES CONF: CITY
14.41
MGR
RFRSHMNTS: CC MTG 1/27
112.71
TRANSPORT: CAL CITIES CONF: CITY
26.12
MGR
RFRSHMNTS: CAL CITIES CONF: CITY
23.36
MGR
RFRSHMNTS: CAL CITIES CONF: CITY
86.27
CNL/MGR
RFRSHMNTS: CAL CITIES CONF: CITY
151.15
CNL
AIRFARE: CAL CITIES CONF: CITY MGR
57.00
PARKING FEE: CAL CITIES CONF: CITY
84.00
MGR
LODGING: CAL CITIES CONF: CITY
787.36
MGR
PARKING: CCMF MTG: CITY MGR
27.00
LODGING: CCMF MTG: CITY MGR
412.86
RFRSHMNTS: CAL CITIES CONF: CITY
124.18
CNL/MGR
LODGING: CAL CITIES CONF: CITY CNL
231.23
RFRSHMNTS: CAL CITIES CONF: CITY
95.03
CNL/MGR
REGIST: CCMF EVENT: CITY MGR
75.00
RFRSHMNTS: CAL CITIES CONF: CITY
105.19
CNL/MGR
LODGING: CAL CITIES CONF: CITY
799.29
MGR
RFRSHMNTS: CAL CITIES CONF: CITY
25.05
3,237.21
MGR
Page:5
apChkLst Final Check List Page: 6
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
14852 3/9/2023
006887
UNION BANK OF CALIFORNIA
018389
IN N OUT BURGER INC
RFRSHMNTS: CAL CITIES CONF: CITY
CNL
006714
SHERATON HOTEL
PARKING: CAL CITIES CONF: CITY CNL
006714
SHERATON HOTEL
LODGING: CAL CITIES CONF: CITY CNL
14859 3/9/2023
006887
UNION BANK OF CALIFORNIA
000254
PRESS ENTERPRISE
ONLINE SUBSCRIPTION: PLANNING
COMPANY INC
000278
SAN DIEGO UNION TRIBUNE
SUBSCRIPTION RENEWAL: PLANNING
021060
LOSANGELES TIMES, DBA
SUBSCRIPTION RENEWAL: PLANNING
LATIMES.COM
006614
CALIF CITY MANAGEMENT
MEMEBERSHIP: COMM DEV
021688
PHILS BBQ OF TEMECULA INC
RFRSHMNTS: PLANNING COMMISSION
MTG
006614
CALIF CITY MANAGEMENT
REGIST: CCMF EVENT: COMM DEV
211698 3/9/2023
000101
APPLE ONE INC
NOV TEMP HELP: FINANCE
211699 3/9/2023
001264
COSTCO TEMECULA 491
SUPPLIES: SPEC EVENTS: FIRE
211700 3/16/2023
004229
ACTION APPLIANCE INC, DBA
WASHER & DRYER: FIRE STA 84
ACTION APPLIANCE
211701 3/16/2023
001517
AETNA BEHAVIORAL HEALTH
MAR EMPLOYEE ASSISTANCE PRGM:
LLC, DBA AETNA RESOURCES
HR
211702 3/16/2023
003552
AFLAC PREMIUM HOLDING, C
AFLAC ACCIDENT INDEMNITY
O BNB BANK LOCKBOX
PAYMENT
211703 3/16/2023
021710
ALIVE SOLUTIONS INC
ONLINE COURSES: LEADERS: TCSD
211704 3/16/2023
003951
ALL AMERICAN ASPHALT
CONST CONTRACT SVC: YNEZ RD
PW21-10
CONST CONTRACT SVC: YNEZ RD PW2'
CONST CONTRACT SVC: YNEZ RD PW2'
211705 3/16/2023
017795
ALTA LANGUAGE SERVICES
LANGUAGE SVCS: HR
INC
211706 3/16/2023 009787 ALTEC INDUSTRIES INC
211707 3/16/2023 021430 APPLE, TIMOTHY RYAN
VEHICLE REPAIRS: TRAFFIC MAINT:
PW
EQUIPMENT REPAIR: STREET MAINT: PV
PRESENTATION: MUSICIANS FORART
NIGHTS
Amount Paid Check Total
9.54
118.80
858.69 987.03
309.01
76.96
76.96
400.00
358.84
75.00
1,296.77
6,311.62
6,311.62
527.14
527.14
1,821.58
1,821.58
1,375.05 1,375.05
3,147.99 3,147.99
399.84 399.84
20,282.50
3,670.80
151,415.10 175,368.40
264.00 264.00
1,280.00
658.81 1,938.81
400.00 400.00
Page6
apChkLst Final Check List Page: 7
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
211708 3/16/2023
022888
ARAMARK SERVICES INC, DBA
RFRSHMNT SVCS: FOC: PW
ARAMARK REFRESHMENT
RFRSHMNT SVCS: FOC: PW
211709 3/16/2023
011954
BAKER AND TAYLOR INC
BOOK COLLECTIONS: RHRTPL: TCSD
BOOK COLLECTIONS: RHRTPL: TCSD
BOOK COLLECTIONS: RHRTPL: TCSD
BOOK COLLECTIONS: RHRTPL: TCSD
211710 3/16/2023
023049
BETTS, KENNETH
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
211711 3/16/2023
001323
BLUETRITON BRANDS INC,
WATER DLVRY SVCS: HELP CTR
DBA READYREFRESH
WATER DLVRY SVC: TVE2
WATER DLVRY SVCS: TVE2
WATER DLVRY SVCS: TVE2
WATER DLVRY SVCS: TVE2
WATER DLVRY SVCS: HARVESTON PARV
211712 3/16/2023
011348
BONCOR WATER SYSTEMS
03/02-03/29 WTR FILTER: FIRE STA 73
LLC, DBA SUNSHINE WATER
SOFT
211713 3/16/2023 011421 BRODART CO
211714 3/16/2023 005970 BUTTERFIELD STAGE
PLAYERS, DBA TEMECULA
VALLEY
211715 3/16/2023 017813 BUXTON COMPANY
211716
3/16/2023
003138
CAL MAT, DBA VULCAN
MATERIALS CO
211717
3/16/2023
010939
CALIF DEPT OF INDUSTRIAL,
RELATIONS
211718
3/16/2023
021851
CALIF NEWSPAPERS
PARTNERSHIP, DBA SO CALIF
NEWS GROUP
211719
3/16/2023
016064
CDCE INC
BOOK COLLECTIONS: RHRTPL: TCSD
BOOK COLLECTIONS: RHRTPL: TCSD
FY 22/23 COMMUNITY SVC FUNDING
SITE SELECTION & RECRUITMENT
ECO DEV
ASPHALT SUPPLIES: STREET MAINT:
PW
ASPHALT SUPPLIES: STREET MAINT: PV1
139731 ELEVATOR INSPECTION:
THEATER
139737 ELEVATOR INSPECTION: THEATE
LEGAL PUBLICATIONS: CITY CLERK
LIGHT BAR INSTALL: PUBLIC WORKS
Amount Paid Check Total
122.10
266.56
7.00
11.42
170.50
40.78
483.00
338.10
676.20
257.60
483.00
483.00
22.16
82.29
73.94
79.29
55.45
13.89
330.00
46.79
50.07
5,000.00
7,500.00
648.12
203.91
225.00
225.00
3,483.45
4,800.00
388.66
229.70
2,720.90
327.02
330.00
96.86
5,000.00
7,500.00
852.03
450.00
3,483.45
4,800.00
Page:?
apChkLst Final Check List Page: 8
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
211720
3/16/2023
009640
CERTIFION CORP DBA
ENTERSECT
211721
3/16/2023
014887
EMPLOYEE #00633
211722
3/16/2023
023192
CHAVARRIA, MELISSA
211723
3/16/2023
016446
CHRISTIAN STITCHERY INC,
DBA SO CAL IMPRESSIONS
211724
3/16/2023
023175
COMPLETE OFFICE OF
CALIFORNIA, INC
211725
3/16/2023
014521
COSTAR REALTY
INFORMATION INC
211726
3/16/2023
001264
COSTCO TEMECULA 491
211727
3/16/2023
004329
COSTCO TEMECULA 491
211728
3/16/2023
002631
COUNTS UNLIMITED INC
211729
3/16/2023
001233
DANS FEED AND SEED INC
211730
3/16/2023
012600
DAVID EVANS AND
ASSOCIATES INC
211731
3/16/2023
002990
DAVID TURCH AND
ASSOCIATES
211732
3/16/2023
022826
DOCUSIGN INC
211733
3/16/2023
022798
IDS SERVICES OF AMERICA
INC, SPARKLETTS
211734
3/16/2023
022892
DUGAN, KARA
211735
3/16/2023
023249
EISINGER, DEBORAH W
(Continued)
Description
Amount Paid
Check Total
FEB ONLINE DATABASE SUBSCR:
200.00
200.00
POLICE
REIMB: RFRSHMNTS: TVE2 VETERAN
196.47
196.47
SERIES
PRESENTATION: THE ART OF
250.00
250.00
TATTOING: TCSD
UNIFORMS: SPORTS: TCSD
1,509.29
UNIFORMS: SPORTS: TCSD
3,493.59
5,002.88
MISC OFC SUPPLIES: PLANNING
338.39
MISC OFC SUPPLIES: PLANNING DEPT
34.39
MISC OFC SUPPLIES: BLDG & SAFETY
110.13
MISC OFC SUPPLIES: CODE ENFORCEN
6.24
489.15
MAR'23 WEB SUBSCRIPTION: ECO
1,296.00
1,296.00
DEV
MISC SUPPLIES: CERT. FIRE
730.70
730.70
SUPPLIES: SPECIAL EVENTS: TCSD
284.77
MISC MUSEUM & ACE EVENTS: TCSD: T`
198.14
482.91
TRAFFIC DATA COLLECTION: CIP: PW
1,600.00
1,600.00
MISC SUPPLIES: STREET MAINT: PW
42.34
42.34
CONST SUPPORT SVC: RECYCLED
270.00
270.00
WTR RETROFIT
FEB FEDERAL LOBBYING SVCS: CITY
5,500.00
5,500.00
MGR
DOCUSIGN ESIGNATURE SVCS:
19,807.19
19,807.19
FINANCE
WATER DELIVERY: CMO 68.13 68.13
THEATER PERFORMANCE: 04/08/23 1,550.00 1,550.00
RELEASE CLAIMS SETTLEMENT: RISK 1,248.21 1,248.21
Page:8
apChkLst Final Check List Page: 9
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
211736 3/16/2023 000164 ESGIL LLC
211737 3/16/2023 021859 EXP US SERVICES INC
211738 3/16/2023 023068 FALCICCHIO, NICHOLAS
211739 3/16/2023 000165 FEDERAL EXPRESS INC
211740 3/16/2023 002982 FRANCHISE TAX BOARD
211741 3/16/2023 009097 FULL COMPASS SYSTEMS
211742 3/16/2023 016184 FUN EXPRESS LLC
211743 3/16/2023 021527 GIANT DESIGN
211744 3/16/2023 009608 GOLDEN VALLEY MUSIC
SOCIETY, DBA CA CHAMBER
ORCHESTRA
211745 3/16/2023 022053 GRAEF, ANITA
211746 3/16/2023 020725 GRANICUS LLC, DBA
GRANICUS
211747 3/16/2023 000186 HANKS HARDWARE INC
211748 3/16/2023 013749 HELIXSTORM INC
211749 3/16/2023 013321 HESS, JOHN PAUL
(Continued)
Description
NOV PLAN CK SVCS: COMDEV
JAN PLAN CK SVCS: COMDEV
DEC PLAN CK SVCS: COMDEV
CONSULTANT SVCS: SANTA
GERTRUDIS CRK TRA
REGISTRATION: CELL TECH: POLICE
EXP MAIL SVCS: INFO TECH
SUPPORT PAYMENT
SOUND/LIGHTING SUPPLIES:
THEATER
MISC SUPPLIES: HUMAN SVCS: TCSD
MISC SUPPLIES: SPECIAL EVENTS: TCS
MISC SUPPLIES: SPECIAL EVENTS: TCS
GRAPHIC DESIGN SVCS: ROD RUN:
TCSD
CLASSICS @ THE MERC 2/12 & 2/26
THEATER PERFORMANCE: 04/08/23
PUBLIC RECORDS SOFTWARE
RENEWAL: IT
MISC MAINT SUPPLIES: CHILDREN'S
MUSEUM
MISC MAINT SUPPLIES: LIBRARY
MISC MAINT SUPPLIES: OLD TOWN MAIL
MISC MAINT SUPPLIES: CIVIC CTR
MISC MAINT SUPPLIES: AQUATICS
MISC MAINT SUPPLIES: TRAFFIC: PW
PALO ALTO NETWORK RENEWAL:
INFO TECH
IT INFRASTRUCTURE SUPPORT: INFO TI
HPE SVC CREDITS: INFO TECH
VIDEOGRAPHY SVCS: CITY MGR
Amount Paid Check Total
21,827.00
18,514.70
28,890.94
2,243.00
6,000.00
8.42
50.00
258.80
399.06
1,121.97
215.88
13, 801.25
346.50
1,550.00
9,069.15
17.79
48.92
141.06
2,337.95
65.18
388.39
2,040.00
3,093.75
15,336.00
297.50
69,232.64
2,243.00
6,000.00
8.42
50.00
258.80
1,736.91
13, 801.25
346.50
1,550.00
9,069.15
2,999.29
20,469.75
297.50
Page9
apChkLst
03/16/2023
4:03:28PM
Final Check List
CITY OF TEMECULA
Page: 10
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211750
3/16/2023
003198
HOME DEPOT
HARDWARE SUPPLIES: JRC: PW
1,224.46
HARDWARE SUPPLIES: JRC: PW
194.63
HARDWARE SUPPLIES: CIVIC CTR
56.31
HARDWARE SUPPLIES: CIVIC CTR
195.52
AIR COMPRESSOR: TRAFFIC MAINT: PW
1,037.96
HARDWARE SUPPLIES: TPL: PW
88.74
2,797.62
211751
3/16/2023
022877
INTL ASSOC OF EMERGENCY,
MEMBERSHIP RENEWAL: EOC
199.00
199.00
MANAGERS
211752
3/16/2023
012883
JACOBS HOUSE INC
FY 22/23 COMMUNITY SVC FUNDING
5,000.00
5,000.00
211753
3/16/2023
018352
JAMES ELLIOTT
STTLMNT: ELTON JOHN TRIBUTE 03/04
5,076.73
5,076.73
ENTERTAINMENT
211754
3/16/2023
018352
JAMES ELLIOTT
ADV PMT: THEATER PERF: WILD
2,750.00
2,750.00
ENTERTAINMENT
WORLD
211755
3/16/2023
018352
JAMES ELLIOTT
ADV PMT: THEATER PERF: EVERYDAY
2,750.00
2,750.00
ENTERTAINMENT
PEOPLE
211756
3/16/2023
021896
JP HANDMADE CORP, DBA
ENVELOPES: FINANCE
919.31
MINUTEMAN PRESS
BUSINESS CARDS: FRONT RECEPTION
101.15
1,020.46
211757
3/16/2023
022914
KARRANT, JONATHAN
TEM PRESENTS: REIMAGINED:
1,076.94
1,076.94
02/26/23
211758
3/16/2023
001091
KEYSER MARSTON
ON CALL CONSULTANT SVCS:
1,332.50
1,332.50
ASSOCIATES INC
PLANNING
211759
3/16/2023
014476
LABELTRONIX LLC
PRINTING SVCS: ECON DEV
1,470.89
PRINTING SVCS: ECON DEV
1,307.41
PRINTING SVCS: ECON DEV
1,443.35
4,221.65
211760
3/16/2023
023206
LASTPASS US LP
PASSWORD PROTECTION: INFO TECH
10,000.00
10,000.00
211761
3/16/2023
023227
LAWNSCAPE SYSTEMS INC
WEED SPRAYING: STREETS: PW
24,512.00
24,512.00
211762
3/16/2023
019884
LEONIDA BUILDERS INC
RET RELEASE: SANTA GERTRUDIS
245,134.17
CRK/PED
REL STP NTC: RED HAWK SERVICES
200,415.75
STP NTC: RED HAWK SERVICES INC.
-200,415.75
245,134.17
211763
3/16/2023
000394
MAINTENANCE
STAFF TRAINING: TRAFFIC CONTROL:
200.00
200.00
SUPERINTENDENT,
STREETS
ASSOCIATION
Page:10
apChkLst Final Check List Page: 11
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
211764
3/16/2023
018925
MEMORABLE BITES LLC, DBA
RFRSHMNTS: CERT CLASS TRAINING:
FIREHOUSE SUBS
FIRE
211765
3/16/2023
019252
NATIONAL CHARITY LEAGUE
REFUND: SEC DEP: TCC
211766
3/16/2023
000727
NATIONAL FIRE PROTECTION
MEMBERSHIP RENEWAL: FIRE DEPT
ASSN, LEADS ETC INC
211767
3/16/2023
018099
NATIONAL SAFETY
DOT TESTING: HR
COMPLIANCE INC
211768
3/16/2023
023202
NEARMAP US INC
AERIAL IMAGERY: GIS
211769
3/16/2023
013319
NEW TANGRAM LLC, DBA
CUBICLE MODIFICATIONS: FINANCE
TANGRAM
211770
3/16/2023
000209
NUTRIEN AG SOLUTIONS INC
EQUIP REPAIR: STREET MAINT: PW
211771
3/16/2023
023155
OLD TOWN WISE RIDERS INC,
VEH REPAIR & MAINTENANCE: TEM
OLD TOWN TEMECULA
SHERIFF
VEH REPAIR & MAINTENANCE: TEM SHE
VEH REPAIR & MAINTENANCE: TEM SHE
VEH REPAIR & MAINTENANCE: TEM SHE
VEH REPAIR & MAINTENANCE: TEM SHE
VEH REPAIR & MAINTENANCE: TEM SHE
VEH REPAIR & MAINTENANCE: TEM SHE
211772
3/16/2023
017720
PERPETUAL PARKS &
SLIDE HARDWARE: CROWN HILL:
PLAYGROUNDS
PARKS
211773
3/16/2023
005820
PRE PAID LEGAL SERVICES
PREPAID LEGAL SERVICES PAYMENT
INC, DBA LEGALSHIELD
211774
3/16/2023
010652
QUALITY CODE PUBLISHING
MUNICIPAL CODE SERVICES: CITY
CLERK
211775
3/16/2023
020127
QUINN COMPANY
GENERATOR SVCS: COMMUNITY REC
CTR
211776
3/16/2023
011853
RANCON COMMERCE CNTR,
APR-JUN'23 BUS PKASSN DUE: STA
PH23&4
73
APR-JUN'23 BUS PKASSN DUE: OVRLNI
211777
3/16/2023
001365
RIVERSIDE COUNTY OF,
RENEW PERMIT: CRC: PW
ENVIRONMENTAL HEALTH
DEPT
Amount Paid Check Total
1,352.09
1,352.09
200.00
200.00
1,152.50
1,152.50
101.95
101.95
10,000.00
10,000.00
7,523.25
7,523.25
17.39
17.39
1,832.90
4,943.49
1,561.55
3,557.93
3,204.63
1,496.33
516.11
17,112.94
2,550.00
2,550.00
234.90
234.90
2,256.90
2,256.90
1,286.16
1,286.16
510.71
198.38
709.09
844.00
844.00
Page:11
apChkLst Final Check List Page: 12
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
(Continued)
Description
211778 3/16/2023
022715 RIVERSIDE CO PUBLIC
OCT EMERG RADIO RENTALS: CODE
SAFETY, ENTERPRISE
ENF
COMMUNICATION
MAR EMERG RADIO RENTALS: CODE EN
AUG EMERG RADIO RENTALS: CODE EN
SEP EMERG RADIO RENTAL: CODE ENF
JAN EMERG RADIO RENTALS: EOC
JAN EMERG RADIO RENTALS: CODE EN
FEB EMERG RADIO RENTALS: EOC
FEB EMERG RADIO RENTALS: CODE EN
211779 3/16/2023
004822 RIVERSIDE TRANSIT AGENCY
JAN TROLLEY SVCS: CITY MGR
211780 3/16/2023
022843 SAFETY CENTER
SAFETY TRAININGS: TRAFFIC
INCORPORATED
CONTROL/FLAGGI
211781 3/16/2023
023258 SAN FERNANDO VALLEY,
NEW VEHICLE: BLDG INSPECTOR:
AUTOMOTIVE LLC
COM DEV
NEW VEHICLE: CODE ENFORCEMENT
NEW VEHICLE: CODE ENFORCEMENT
NEW VEHICLE: BLDG INSPECTOR: COM
211782 3/16/2023
009980 SANBORN GWYNETH A, CO
COUNTRY LIVE! @ THE MERC 3/4/23
TEMECULA MUSIC ACADEMY
211783 3/16/2023 017699 SARNOWSKI SHAWNA M
PRESTON
211784 3/16/2023 021309 SB&OINC
211785 3/16/2023 013695 SHRED IT US JV LLC, DBA
SHRED IT USA LLC
211786 3/16/2023 000519 SOUTH COUNTY PEST
CONTROL INC
PHOTOGRAPHY SVCS: CULTURE DAY
PHOTOGRAPHY SVCS: ART NIGHT
PHOTOGRAPHY SVCS: ECON DEV
PHOTOGRAPHY SVCS: WOMENS HISTO
PHOTOGRAPHY SVCS: THEATER: TCSD
PHOTOGRAPHY SVCS: CESAR CHAVEZ
PHOTOGRAPHY SVCS: HH VALENTINES
ADA TRANSITION PLAN: PW18-16: CIP
DOCUMENT SHRED SVCS: CITY
CLERK
PEST CONTROL SVCS: LIBRARY
PEST CONTROL SVCS: TCC/PANTRY/SAI
PEST CONTROL SVCS: STA 12
PEST CONTROL SVCS: BIRDSALL PK
PEST CONTROL SVCS: TES POOL
PEST CONTROL SVCS: WOLF CREEK Pk
Amount Paid Check Total
338.35
205.20
388.35
116.50
77.67
388.35
77.67
388.35
2,198.60
1.800.00
31,804.61
33,600.11
31,804.61
33,654.49
832.50
250.00
250.00
475.00
275.00
825.00
225.00
150.00
8,817.60
46.58
90.00
123.00
74.00
70.00
59.00
49.00
1,980.44
2,198.60
1,800.00
130,863.82
832.50
2,450.00
8,817.60
46.58
465.00
Page-12
apChkLst Final Check List Page: 13
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
211787
3/16/2023
008337
STAPLES BUSINESS CREDIT
MISC OFC SUPPLIES: THEATER: TCSD
MISC OFC SUPPLIES: TCSD
MISC OFC SUPPLIES: TCSD
MISC OFC SUPPLIES: FINANCE
MISC OFC SUPPLIES: THEATER: TCSD
MISC OFC SUPPLIES: FINANCE
MISC SUPPLIES: RHRTPL: TCSD
211788
3/16/2023
017814
STC TRAFFIC INC
TRAFFIC ENG SVCS: FIBER OPTIC
COMM PLAN
211789
3/16/2023
000876
TEMECULA VALLEY BALLOON
SPONSORSHIP: BALLOON FESTIVAL
& WINE, FESTIVAL
'23
ASSOCIATION
211790
3/16/2023
019793
URBANE CAFE, TGH
RFRSHMNTS: ACE EVENT 3/3/23
ENTERPRISES LLC
211791
3/16/2023
023055
VAN OTTERLOO INC
EQUIP REPAIR: STREET MAINT: PW
EQUIP REPAIR: PARKS: PW
211792
3/16/2023
022692
VERSA PRODUCTS INC
ERGONOMIC SUPPLIES: HR
211793
3/16/2023
020670
WEBB MUNICIPAL FINANCE
PROF SVCS: TCSD SERVICE LEVELS
LLC
211794
3/16/2023
012343
WEST COAST PERFORMING,
STTLMNT: BOHEMIAN QUEEN 2/23
ARTS PRESENTERS
211795
3/16/2023
013556
WESTERN AV
AV EQUIP: OLD TOWN & VARIOUS
FACILITIES:
211796
3/16/2023
005754
WESTERN EAGLE
FY 22/23 COMMUNITY SVC FUNDING
FOUNDATION
211797
3/16/2023
000621
WESTERN RIVERSIDE
FY22/23 AB939 DUES/SOLID WASTE
COUNCIL OF, GOVERNMENTS
CO-OP
WRCOG
211798
3/16/2023
005118
EMPLOYEE #00327
REIMB: AOAP CONF 2/10-2/17
211799
3/16/2023
013938
WOODSIDE 05S LP
DEPOSIT REFUND: CFD FORMATION
211800
3/16/2023
003776
ZOLL MEDICAL CORPORATION,
PARAMEDIC SUPPLIES: MEDIC: FIRE
GPO
Amount Paid Check Total
47.51
142.70
225.49
84.62
29.90
51.04
158.27 739.53
11,792.50 11,792.50
27,000.00 27,000.00
253.81
253.81
1,966.75
753.00
2,719.75
3,025.48
3,025.48
5,000.00
5,000.00
14,302.82
14,302.82
59,718.92
59,718.92
5,000.00
5,000.00
8,176.82
8,176.82
2,859.43 2,859.43
45,157.50 45,157.50
7.748.81 7.748.81
Grand total for UNION BANK: 1,100,124.68
Page:13
apChkLst Final Check List Page: 14
03/16/2023 4:03:28PM CITY OF TEMECULA
116 checks in this report.
Grand Total All Checks: 1,100,124.68
Page:14
apChkLst
03/21/2023
2:46:25PM
Final Check List
CITY OF TEMECULA
Page: 1
Bank: union UNION BANK
Check #
Date Vendor
Description
Amount Paid
Check Total
14798
2/17/2023 000262
RANCHO CALIF WATER
VAR JAN WATER 3004755 41000 MAIN
17,219.50
17,219.50
DISTRICT
ST
14823
2/7/2023 018858
FRONTIER CALIFORNIA INC
JAN INTERNET SVCS: STA 73
176.68
176.68
14824
2/8/2023 010276
TIME WARNER CABLE
FEB INTERNET SVCS: 32211 WOLF
199.31
199.31
VALLEY RD
14825
2/24/2023 000262
RANCHO CALIF WATER
VAR JAN WATER 3003793 28250 YNEZ
5,258.65
5,258.65
DISTRICT
RD LAKE
14829
3/9/2023 006887
UNION BANK OF CALIFORNIA
023233
BROOKFIELDS
RFRSHMNTS: DIRECTORS AWARD
49.57
EVENT: FIRE
013338
APPLE STORE
ADD'L PHONE STORAGE: FIRE DEPT
0.99
023232
IDEAL PRINT & COPY
PRINTING SVCS: QR STICKERS: FIRE
57.09
001256
MARRIOTT HOTEL
LODGING: FIRE DEPT DIRECTORS
222.16
AWARD
003296
INTL CODE COUNCIL
REGISTRATION: TRAINING CLASS:
450.00
FIRE
023233
BROOKFIELDS
RFRSHMNTS: DIRECTORS AWARD
72.19
EVENT: FIRE
001256
MARRIOTT HOTEL
LODGING: FIRE DEPT DIRECTORS
222.16
AWARD
009486
SHELL OIL
FUEL: DIRECTORS AWARD EVENT:
69.74
FIRE
009486
SHELL OIL
FUEL: DIRECTORS AWARD EVENT:
41.17
FIRE
009486
SHELL OIL
FUEL: DIRECTORS AWARD EVENT:
100.37
FIRE
001264
COSTCO TEMECULA 491
CONDOLENCE FLOWERS: FIRE
51.10
003296
INTL CODE COUNCIL
REGISTRATION: TRAINING CLASS:
675.00
FIRE
011816
DALESIO INC
PRESENTATION HELMET: FIRE
1,075.04
3,086.58
14831
3/9/2023 006887
UNION BANK OF CALIFORNIA
022878
WESTON MEDICAL
EMERGENCY MGMT JOURNALS: EOC
560.00
PUBLISHING
001060
HYATT
LODGING: CONFERENCE: EOC
245.71
012839
SCHOOL OUTFITTERS LLC
EQUIPMENT: WHITEBOARD TABLES:
758.35
1,564.06
EOC
Page:1
apChkLst Final Check List Page: 2
03/21/2023 2:46:25PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
14833 3/9/2023
006887
UNION BANK OF CALIFORNIA
021482
GIFTCARDS.COM
EMPLOYEE RECOGNITION: HR
111.88
004905
LIEBERT CASSIDYAND
WEBINAR: HR TRAINING
25.00
WHITMORE
015496
SAN DIEGO AIRPORT PARKING PARKING: PARMACONF: HR
84.00
021482
GIFTCARDS.COM
EMPLOYEE RECOGNITION:
428.45
WELLNESS
000863
1 P M A INTL PUBLIC MGMT,
MEMBERSHIP RENEWAL: HR
835.00
ASSOC FOR HR
021482
GIFTCARDS.COM
EMPLOYEE RECOGNITION:
111.90
WELLNESS
004905
LIEBERT CASSIDYAND
WEBINAR: HR TRAINING
75.00
WHITMORE
022925
AMERICAN SOCIETY OF
MEMEBERSHIP: HR
235.00
SAFETY, PROFESSIONALS
018323
GOAT & VINE THE
RFRSHMNTS: EMPLOYMENT LAW
124.24
MTG: HR
022853
IMOVR
EQUIP: ERGONOMIC DESKS: HR
1,957.50
023237
BURGERS AND BEER
RFRSHMNTS: TEAMSTERS MTG: HR
187.58
021986
ERGOTRON
EQUIP: ERGONOMIC PARTS: HR
270.79
021986
ERGOTRON
EQUIP: ERGONOMIC PARTS: HR
270.79
4,717.13
14835 2/21/2023
010276
TIME WARNER CABLE
FEB INTERNET SVCS: 32131 S LOOP
282.52
282.52
RD
14855 3/3/2023
000262
RANCHO CALIF WATER
VARIOUS WATER JANUARY
6,790.00
6,790.00
DISTRICT
14856 3/2/2023
022942
MOOD MEDIA NORTH
MAR DISH NETWORK 41952 6TH ST
65.18
65.18
AMERICA, HOLDINGS LLC
14857 3/2/2023
022942
MOOD MEDIA NORTH
MAR DISH NETWORK 32131
175.38
175.38
AMERICA, HOLDINGS LLC
BUTTERFIELD STG
14860 3/9/2023
019983
RIVERSIDE COUNTY,
REINVEST PRGM: BEHAVIORAL
250,000.00
250,000.00
PROFESSIONAL
HEALTH GRANT
FIREFIGHTERS
14861 3/10/2023
000262
RANCHO CALIF WATER
3037031: PARK SITE DE PORTOLA RD
61.46
61.46
DISTRICT
14863 3/6/2023
010276
TIME WARNER CABLE
FEB INTERNET SVCS: 32364
119.99
119.99
OVERLAND TRL
Paget
apChkLst
03/21/2023
2:46:25PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank: union UNION BANK
(Continued)
Check #
Date Vendor
Description
Amount Paid
Check Total
14864
3/8/2023 010276
TIME WARNER CABLE
MAR INTERNET SVCS: 32211 WOLF
199.33
199.33
VALLEY RD
14866
3/10/2023 018858
FRONTIER CALIFORNIA INC
FEB INTERNET SVCS: STA 73
171.84
171.84
14867
3/13/2023 021434
MATRIX TELECOM LLC DBA
FEB 800 SERVICES: CIVIC CENTER
69.60
69.60
LINGO
Grand total for UNION BANK: 290,157.21
Page:3
apChkLst Final Check List Page: 4
03/21/2023 2:46:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
504232
3/23/2023
013015 ALWAYS RELIABLE
BACKFLOW REPAIRS: VINTAGE HILLS
260.00
BACKFLOW, AKA NANETTE
SEMAN
BACKFLOW REPAIRS: VARIOUS MEI
520.00
BACKFLOW REPAIRS: CRC: PW
425.00
1,205.00
504233
3/23/2023
007282 AMAZON CAPITAL SERVICES
MISC SUPPLIES: BLDG & SAFETY
149.95
INC
MISC SUPPLIES: HR
72.31
VEHICLE SAFETY EQUIP: LAND DE\
195.70
417.96
504234
3/23/2023
000936 AMERICAN RED CROSS,
STAFF/LIFEGUARDS CERTS:
568.10
568.10
HEALTH AND SAFETY SVCS
AQUATICS
504235
3/23/2023
013950 AQUA CHILL OF SAN DIEGO
MAR DRINKING WTR SYS MAINT: PW
29.36
MAR DRINKING WTR SYS MAINT: JF
28.55
MAR DRINKING WTR SYS MAINT: MI
35.89
FEB DRINKING WTR SYS MAINT: PV
29.36
MAR DRINKING WTR SYS MAINT: F(
28.55
MAR DRINKING WTR SYS MAINT: T\
28.55
MAR DRINKING WTR SYS MAINT: TF
28.55
MAR DRINKING WTR SYS MAINT: TF
28.55
MAR DRINKING WTR SYS MAINT: IT
28.55
MAR DRINKING WTR SYS MAINT: CI
213.97
479.88
504236
3/23/2023
007065 B&H PHOTO & ELECTRONICS
MISC AV EQUIPMENT: INFO TECH
4,056.53
CORP
MISC AV EQUIPMENT: INFO TECH
1,067.62
5,124.15
504237
3/23/2023
021588 BRAUN PETER, DBA
MAR PLANTSCAPE SVC: LIBRARY
200.00
200.00
TEMECULA PLANTSCAPE
504238
3/23/2023
004248 CALIF DEPT OF JUSTICE
FEB FINGERPRINT SVC: CUSTODIAL
98.00
98.00
ACCTING
CONTRACT
504239
3/23/2023
000442 COMPUTER ALERT SYSTEMS
ALARM MONITORING CITY
5,505.00
5,505.00
FACILITIES:PW
504240
3/23/2023
010650 CRAFTSMEN PLUMBING &
PLUMBING SVCS: PARKS: PW
325.00
HVAC INC
PLUMBING SVCS: STA 73: FIRE
280.00
PLUMBING SVCS: STA84: FIRE
1,248.00
1,853.00
504241
3/23/2023
001393 DATATICKET INC, DBA
FEB CITIATIONS PROCESSING:
1,809.66
1,809.66
REVENUE EXPERTS
POLICE
504242
3/23/2023
003945 DIAMOND ENVIRONMENTAL
TEMPORARY FENCING: MCCABE CT
95.00
95.00
SRVCS
504243
3/23/2023
018247 DOKKEN ENGINEERING
DSGN SVCS: SOUTHSIDE PARKING
900.00
900.00
LOT
Page:4
apChkLst
03/21/2023
2:46:25PM
Final Check List
CITY OF TEMECULA
Page: 5
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
504244
3/23/2023
004192
DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: FIRE DEPT
256.17
FUEL FOR CITY VEHICLES: EOC
65.76
FUEL FOR CITY VEHICLES: BLDG &
238.90
FUEL FOR CITY VEHICLES: CODE E
118.68
FUEL FOR CITY VEHICLES: CODE E
41.02
FUEL FOR CITY VEHICLES: BLDG &
363.22
1,083.75
504245
3/23/2023
021412
EIDE BAILLY LLP
FEB 23 FINANCIAL STATEMENT AUDIT
1,000.00
1,000.00
504246
3/23/2023
002577
ENGINEERING RESOURCES,
ENG SVCS: DE PORTOLA: PW22-13
6,617.50
6,617.50
OF SOUTHERN CALIF INC
504247
3/23/2023
009618
ENNIS FLINT INC
BIKE LANE LEGENDS: CIP: PW
28,268.43
28,268.43
504248
3/23/2023
017135
EMPLOYEE #00472
REIMB: CPRS CONNECTIONS CONF
395.00
395.00
504249
3/23/2023
016436
EMPLOYEE #00494
REIMB: XENIAAWARDS
60.00
60.00
504250
3/23/2023
021365
GEORGE HILLS COMPANY INC
JAN CLAIMS ADMINISTRATION: HR
4,151.20
4,151.20
504251
3/23/2023
021308
GILLIS & PANICHAPAN
ARCHITECT SVCS: CRC FAC RENO PH
5,935.00
ARCHITECTS, INC
II
EXTERIORADAIMPROV'TARCHITE(
4,075.00
ARCHITECTURAL SVCS: CRC: PW1f
4,340.00
14,350.00
504252
3/23/2023
003792
GRAINGER
MAINT SUPPLIES: STREETS: PW
78.34
78.34
504253
3/23/2023
020628
HASA INC
POOL SANITIZING CHEMICALS: VARI
1,313.07
1,313.07
POOLS
504254
3/23/2023
006914
INNOVATIVE DOCUMENT
CANON COPIER REPLACEMENT: PD
2,115.51
2,115.51
SOLUTIONS
MALL
504255
3/23/2023
020893
JEFF KATZ ARCHITECTURAL
DSGN SVCS CRC SPLASH PAD:
1,352.25
1,352.25
CORP
PW21-07
504256
3/23/2023
013127
JEFFREY STOVER ONSTAGE,
TEM PRESENTS: 11TH ANNUAL JAZZ
2,919.73
2,919.73
MUSICALS
FESTIVAL
504257
3/23/2023
022824
EMPLOYEE #00630
REIMB: TEAM PACE
250.00
250.00
504258
3/23/2023
003726
LIFE ASSIST INC
MEDICAL SUPPLIES: MEDIC: FIRE
1,553.39
1,553.39
Page:5
apChkLst Final Check List Page: 6
03/21/2023 2:46:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504259 3/23/2023 022664 MARIPOSATREE
MANAGEMENT INC
504260 3/23/2023 018675 MDGASSOCIATES INC
504261 3/23/2023 004951 MIKE'S PRECISION WELDING
INC
(Continued)
Description
TREE SVCS: MEDIANS: PARKS
TREE SVCS: P-24 HARVESTON: PAF
TREE SVCS: MEDIANS: PARKS
TREE SVCS: S-21 VAIL RANCH: PAR
TREE SVCS: S-03 RANCH HIGHLAN[
TREE SVCS: S-08 REMOVAL: PARKS
TREE SVCS: HARVESTON LAKE: PA
TREE SVCS: S-13 PRESELY SLOPE:
TREE SVCS: MEDIANS: PARKS
TREE SVCS: MEDIANS: PARKS
TREE SVCS: S-18 TEMEKU HILLS: R
TREE TRIMMING: MEDIANS: PARKS
TREE SVCS: MEDIANS: PARKS
TREE SVCS: MEDIANS: PARKS
TREE SVCS: MEDIANS: PARKS
FEB ADA LABOR COMPLIANCE:
PW18-16
FEB CDBG-CV EMER MORTG ASSIS
FEB ADA LABOR COMPLIANCE: PW:
FEB CDBG PRGM ADMIN: PLANNINC
WELDING SVCS: PARKS: PW
504262 3/23/2023 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: FACILITY
INC REHAB PROJ
ELECTRICAL SUPPLIES: CHILDREN!
504263 3/23/2023 022599 NIEVES LANDSCAPE INC FEB LDSCP MAINT SVCS: SLOPES:
PARKS: PW
504264 3/23/2023 021121 OCCUPATIONAL HEALTH CTR PRE -EMPLOYMENT SCREENINGS: HR
OF CA, DBA CONCENTRA
MEDICAL CTR
504265 3/23/2023 021998 OLD TOWN TIRE AND SERVICE VEHICLE MAINT: BLDG & SAFETY
INC
VEHICLE MAINT: CODE ENFORCEM
VEHICLE MAINT: CODE ENFORCEM
VEHICLE MAINT: STREET MAINT: P�
VEHICLE MAINT: BLDG & SAFETY
504266 3/23/2023 012904 PRO ACTIVE FIRE DESIGN FEB PLAN REVIEW SVCS: FIRE PREV
AND, CONSULTING
Amount Paid Check Total
14,039.00
752.60
1,049.72
23,416.29
5,218.19
1,842.36
1,143.45
3,645.78
472.40
377.92
13,215.70
566.82
1,172.85
2,581.47
3,939.00
51.25
76.88
589.38
4,736.25
180.00
36.31
103.83
60, 309.58
38.00
347.72
347.72
347.72
232.17
347.72
10,273.50
73,433.55
5,453.76
180.00
140.14
60, 309.58
38.00
1,623.05
10,273.50
Page:6
apChkLst Final Check List Page: 7
03/21/2023 2:46:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504267 3/23/2023 005075 PRUDENTIAL OVERALL
SUPPLY
504268 3/23/2023 022537 REFRIGERATION SUPPLIES
DISTRIBUTOR
(Continued)
Description
FLOOR MATS/ TOWEL RENTALS:
LIBRARY
FLOOR MATS/TOWEL RENTALS: MP
FLOOR MATS/TOWEL RENTALS: THI
FLOOR MATS/ TOWEL RENTALS: LIE
FLOOR MATS/TOWEL RENTALS: TC(
FLOOR MATS/TOWEL RENTALS: THI
UNIFORM SVCS: STREET MAINT: Pb
UNIFORM SVCS: STREET MAINT: Pb
UNIFORM SVCS: PARK MAINT: PW
FLOOR MATS/TOWEL RENTALS: FO,
UNIFORM SVCS: STREET MAINT: P�
UNIFORM SVCS: PARK MAINT: PW
UNIFORM SVCS: PARK MAINT: PW
FLOOR MATS/TOWEL RENTALS: SEI
FLOOR MATS/TOWEL RENTALS: CRC
FLOOR MATS/TOWEL RENTALS: TVI
FLOOR MATS/TOWEL RENTALS: THI
FLOOR MATS/TOWEL RENTALS: TVI
FLOOR MATS/TOWEL RENTALS: TC(
FLOOR MATS/TOWEL RENTALS: TC(
MISC HVAC SUPPLIES: PARKING
GARAGE
504269 3/23/2023 020429 REMOTE SATELLITE SYSTEMS FEB '23 SAT PH AIRTIME/APR FEE:
INTL EOC
Amount Paid Check Total
19.88
24.52
9.89
19.88
14.32
9.89
44.64
47.06
4.62
10.28
15.96
70.78
4.62
24.52
31.45
12.74
9.89
12.74
14.32
14.32
70.17
349.15
416.32
70.17
349.15
Page:7
apChkLst Final Check List Page: 8
03/21/2023 2:46:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504270 3/23/2023 002412 RICHARDS WATSON AND
GERSHON
504271 3/23/2023 004274 SAFE AND SECURE
LOCKSMITH SRVC
504272 3/23/2023 009213 SHERRY BERRY MUSIC
504273 3/23/2023 021620 SIEMENS MOBILITY INC,
YUNEX LLC
(Continued)
Description
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
JAN 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
LOCKSMITH SVCS: CIVIC CTR
LOCKSMITH SVCS: TVE2: PW
JAZZ @ THE MERC 3/9/23
JAZZ @ THE MERC 3/2/23
TEM PRESENTS: THEN & NOW 02/2,
STREET LIGHT REMOVAL: MEADOWS
PKWY
504274 3/23/2023 013482 SILVERMAN ENTERPRISES 03/01-03/26 SECURITY: ROTATING
INC. DBA BAS SECURITY PARKS
504275 3/23/2023 000944 SWARCO MCCAIN INC TRAFFIC CABINET: STREET MAINT
PW
504276 3/23/2023 021549 EMPLOYEE #00534 REIMB: TEAM PACE
Amount Paid Check Total
8,071.93
69.00
42,166.15
1,646.00
15,472.47
113.00
53.00
383.50
830.06
29.50
855.50
87.28
2,203.91
3,646.50
2,035.50
1,995.00
354.00
5,188.24
236.00
7,038.50
8,276.92
212.10
2,153.50
7,258.97
1,032.50
1,091.50
3,622.00
38,742.57
16.15
398.75
800.00
2,485.00
1,778.00
4,837.56
4,647.50
5,018.82
260.99
154, 865.10
414.90
5,063.00
4,837.56
4,647.50
5,018.82
260.99
Page:8
apChkLst Final Check List Page: 9
03/21/2023 2:46:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK (Continued)
Check # Date Vendor Description Amount Paid Check Total
504277 3/23/2023 020399 VOICES FOR CHILDREN CDBG REIMBURSEMENT: JUL-DEC'22 4,198.88 4,198.88
504278 3/23/2023 020275 WALLACE & ASSOC FEB CONST MGMT SVCS: CRC: 18,300.00
CONSULTING LLC, ANSER PW19-07
ADVISORY MNGMT LLC
JAN INSPECTION SVCS: LAND DEV/ 14,076.00 32,376.00
504279 3/23/2023 000820 WINCHAK KRIS R, DBA K R W & FEB ENG PLAN CK REVIEW: LAND DEV 11,130.00 11,130.00
ASSOCIATES
Grand total for EFT UNION BANK: 458,863.89
Pages
apChkLst Final Check List Page: 10
03/21/2023 2:46:25PM CITY OF TEMECULA
65 checks in this report.
Grand Total All Checks: 749,021.10
Page:10
apChkLst Final Check List Page: 1
03/23/2023 12:50:56PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
Description
14793
2/28/2023
000537
SO CALIF EDISON
VARIOUS JAN SCE
14796
2/28/2023
010276
TIME WARNER CABLE
VARIOUS JAN/FEB INTERNET SVCS
14797
2/28/2023
018858
FRONTIER CALIFORNIA INC
VARIOUS JAN/FEB INTERNET SVCS
14804
2/27/2023
001212
SO CALIF GAS COMPANY
VARIOUS JAN SO CAL GAS
14834
2/21/2023
002390
EASTERN MUNICIPAL WATER
VARIOUS JAN WATER SVCS
DIST
14858
3/7/2023
014486
VERIZON WIRELESS
1/16-2/15
CELLULAR/BROADBAND:CITYWIDE
14869
3/16/2023
010349
CALIF DEPT OF CHILD
SUPPORT PAYMENT
SUPPORT
14870
3/16/2023
021301
I C M A RETIREMENT PLAN
ICMA- 401(A) RETIREMENT PLAN
106474
PAYMENT
14871
3/16/2023
000194
I C M A RETIREMENT PLAN
ICMA-RC RETIREMENT TRUST 457
303355
PAYMENT
14874
3/16/2023
001065
NATIONWIDE RETIREMENT
NATIONWIDE RETIREMENT PAYMENT
SOLUTION
14875
3/16/2023
019088
NATIONWIDE RETIREMENT
NATIONWIDE LOAN REPAYMENT
SOLUTION
PAYMENT
14876
3/16/2023
000389
NATIONWIDE RETIREMENT
OBRA- PROJECT RETIREMENT
SOLUTION
PAYMENT
14880
3/17/2023
000262
RANCHO CALIF WATER
VARIOUS WATER FEBRUARY BATCH 1
DISTRICT
14881
3/21/2023
002390
EASTERN MUNICIPAL WATER
VARIOUS FEB WATER SVCS
DIST
14882
3/20/2023
010276
TIME WARNER CABLE
MAR INTERNET SVCS: 32131 S LOOP
RD
211801
3/23/2023
013387
ADAME LANDSCAPE INC, DBA
MAR SWEEPING SVCS: PARKING
SWEEPING UNLIMITED
GARAGE
Amount Paid Check Total
159,729.30
159,729.30
12,033.59
12,033.59
10,130.78
10,130.78
40,826.64
40,826.64
1,113.65
1,113.65
12,207.23
12,207.23
138.92
138.92
384.62
384.62
17,700.31
17,700.31
14,471.21
14,471.21
427.79
427.79
4,202.28
4,202.28
24,768.06
24,768.06
2,473.33
2,473.33
292.34
292.34
540.00
540.00
Page:1
apChkLst
03/23/2023
12:50:56PM
Final Check List
CITY OF TEMECULA
Page: 2
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211802
3/23/2023
003951
ALL AMERICAN ASPHALT
ASPHALT SUPPLIES: STREET MAINT:
370.79
PW
ASPHALT SUPPLIES: STREET MAINT: PV1
466.12
ASPHALT SUPPLIES: STREET MAINT: PV1
998.53
1,835.44
211803
3/23/2023
009787
ALTEC INDUSTRIES INC
EQUIPMENT REPAIR: STREET MAINT:
233.25
233.25
PW
211804
3/23/2023
002187
ANIMAL FRIENDS OF THE
FEB ANIMAL CONTROL SVCS:
10,500.00
10,500.00
VALLEYS
TEMECULA
211805
3/23/2023
000101
APPLE ONE INC
JAN TEMP HELP: FINANCE
14,732.92
14,732.92
211806
3/23/2023
022888
ARAMARK SERVICES INC, DBA
RFRSHMNTS SVCS: CIVIC CTR: PW
920.16
920.16
ARAMARK REFRESHMENT
211807
3/23/2023
021689
ASCENT ENVIRONMENTAL INC
SEIR: TEM VLY HOSPITAL: PA22-0105
12,333.75
SEIR: TEM VLY HOSPITAL: PA22-0105
9,945.00
22,278.75
211808
3/23/2023
001323
BLUETRITON BRANDS INC,
WATER DLVRY SVCS: FOC
85.89
85.89
DBA READYREFRESH
211809
3/23/2023
023077
BW INDUSTRIES INC
PROJ MGMT SVCS: DOCUSIGN
2,275.00
2,275.00
211810
3/23/2023
003138
CAL MAT, DBAVULCAN
ASPHALT SUPPLIES: STREET MAINT:
493.45
493.45
MATERIALS CO
PW
211811
3/23/2023
021851
CALIF NEWSPAPERS
LEGAL PUBLICATIONS: PLANNING
802.27
PARTNERSHIP, DBA SO CALIF
NEWS GROUP
LEGAL PUBLICATIONS: PLANNING
3,463.14
4,265.41
211812
3/23/2023
020549
CALLYO 2009 CORP
MOBILE PHONE TECHNOLOGY:
3,888.00
3,888.00
POLICE
211813
3/23/2023
018828
CASC ENGINEERING AND,
JAN COMMERCIAL/IND'L
1,942.50
1,942.50
CONSULTING INC
INSPECTIONS: NPDES
211814
3/23/2023
022930
CCS SAN DIEGO JANITORIAL
APR JANITORIAL SVCS: OTSF POLICE
616.04
616.04
INC, DBACCS FACILITY
SERVICES
211815
3/23/2023
005417
CINTAS PROTECTION NO 2,
FIRE EXTINGUISHER INSPECTION:
275.89
275.89
CINTAS FIRE 636525
PARKS
211816
3/23/2023
023175
COMPLETE OFFICE OF
MISC OFC SUPPLIES: CODE
285.33
285.33
CALIFORNIA, INC
ENFORCEMENT
Paget
apChkLst
03/23/2023 12:50:56 P M
Final Check List
CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
211817
3/23/2023
002945
CONSOLIDATED ELECTRICAL
ELECTRICAL SUPPLIES: PARKS: PW
DIST
211818
3/23/2023
011922
CORELOGIC INC, DBA
FEB SOFTWARE SUBSCRIPTION:
CORELOGIC SOLUTIONS
CODE ENF
211819
3/23/2023
023248
CORTEZ GASTELUM, MARIA
NEWSPAPER SUBSCRIPTION: MPSC:
VICTORIA
TCSD
211820
3/23/2023
004329
COSTCO TEMECULA 491
211821
3/23/2023
012600
DAVID EVANS AND
ASSOCIATES INC
211822
3/23/2023
012614
DBX INC
211823
3/23/2023
022893
DUGAN, PETER
211824
3/23/2023
023263
ENVIRONMENTAL LOGISTICS
INC
211825
3/23/2023
004836
EWING IRRIGATION
PRODUCTS INC
211826
3/23/2023
021515
EMPLOYEE #00587
211827
3/23/2023
015330
FAIR HOUSING COUNCIL, OF
RIVERSIDE COUNTY INC
NEWSPAPER SUBSCRIPTION: MPSC TC:
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
RFRSHMNTS: EVENTS: TVM & ACE
TEEN EGG HUNT SUPPLIES: TCSD
DSGN SVCS: MPSC REC AREA:
PW22-08
FEB DSGN SVCS: RECYCLED WTR PRO.
TRAFFIC SIGNAL INSTALLATION: CIP:
PW
THEATER PERFORMANCE: 04/08/23
DISPOSAL HAZARDOUS WASTE: FIRE
STA 84
5 YEAR DATA SVC PLAN: PARKS: PW
REIMB: TEAM PACE
FEB SUB -RECIPIENT: FAIR HOUSING
SVCS
Amount Paid
62.04
284.50
iiE:yfli
112.50
93.75
125.00
118.75
125.00
112.50
118.75
118.75
118.75
112.50
118.75
125.00
125.00
125.00
118.75
118.75
125.00
266.03
1,846.84
9,165.58
117.50
170,797.74
1,549.99
321.25
3,458.25
250.00
1,565.67
Page: 3
Check Total
62.04
284.50
2,131.25
2,112.87
9,283.08
170,797.74
1,549.99
321.25
3,458.25
250.00
1,565.67
Page:3
apChkLst
03/23/2023
12:50:56PM
Final Check List
CITY OF TEMECULA
Page: 4
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211828
3/23/2023
000165
FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: FIRE
17.95
EXPRESS MAIL SVCS: CIP
13.85
EXPRESS MAIL SVCS: CIP
8.17
EXP MAIL SVCS: CODE ENFORCEMENT
25.29
65.26
211829
3/23/2023
022832
GEOTAB USA INC
VEHICLE TELEMATICS: CITY FLEET
1,501.00
VEHICLE TELEMATICS: CITY FLEET
1,573.68
3,074.68
211830
3/23/2023
000186
HANKS HARDWARE INC
MISC MAINT SUPPLIES: STREETS: PW
1,125.55
MISC MAINT SUPPLIES: FIRE DEPT
742.52
1,868.07
211831
3/23/2023
022946
EMLOYEE #07115
REIMB: TEAM PACE
29.88
29.88
211832
3/23/2023
003198
HOME DEPOT
ARTIFICIALTURF: GROUNDBREAKING
255.35
FV
HRDWR SUPPLIES: DAY CAMP: TCSD
2,205.45
2,460.80
211833
3/23/2023
011049
HOSPICE OF THE VALLEYS SC
CDBG REIMBURSEMENT: JUL-DEC'22
4,547.06
4,547.06
211834
3/23/2023
021896
JP HANDMADE CORP, DBA
PRINTING SVCS: FINANCE
103.78
103.78
MINUTEMAN PRESS
211835
3/23/2023
004813
M AND J PAUL ENTERPRISES
JUMPER RENTALS: SPECIAL GAMES:
995.00
995.00
INC, DBA JOLLY JUMPS
TCSD
211836
3/23/2023
006140
NORTH JEFFERSON BUSINESS
APR-JUN'23ASSN DUES 1810#16: FV
571.82
PARK
APR-JUN '23 ASSN DUES 8358 #20: FV
722.04
APR-JUN '23 ASSN DUES 0155 #19: FV
694.58
APR-JUN'23ASSN DUES 8329#17: FV
531.43
2,519.87
211837
3/23/2023
003964
OFFICE DEPOT BUSINESS SVS
MISC OFC SUPPLIES: NPDES: PW
10.86
DIV
MISC OFC SUPPLIES: NPDES: PW
51.92
MISC OFC SUPPLIES: FINANCE
-35.38
MISC OFC SUPPLIES: FINANCE
-15.32
12.08
211838
3/23/2023
019440
QUADIENT INC
POSTAGE FOR METER: TEM SHERIFF
255.60
255.60
211839
3/23/2023
002176
RANCHO CALIF BUS PKASSOC
APR-JUN'23 BUS PKASSN DUE: DIAZ
2,033.07
RD
APR-JUN '23 BUS PK ASSN DUE: TVE2
2,234.14
APR-JUN'23 BUS PKASSN DUE: FOC
1,843.17
6,110.38
211840
3/23/2023
017391
RISE INTERPRETING INC
FEB SIGN LANGUAGE INTERPRETING:
1,120.00
1,120.00
CLASSES
211841
3/23/2023
022715
RIVERSIDE CO PUBLIC
FEB EMERG RADIO RENTALS: POLICE
1,893.31
1,893.31
SAFETY, ENTERPRISE
COMMUNICATION
Page:4
apChkLst Final Check List Page: 5
03/23/2023 12:50:56PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
211842 3/23/2023
022495
RIVERSIDE CO SHERIFFS
BUSINESS CARDS: TEM SHERIFF
GREYBAR
211843 3/23/2023
022593
RIVERSIDE CO, OFC OF
PROMOTION PRGM: ICSC BOOTH
ECONOMIC DEV
SPACE
211844 3/23/2023
001097
ROADLINE PRODUCTS INC
PAINT ACCESSORIES FOR STENCIL
TRUCK: PW
211845 3/23/2023
017699
SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: MPSC: TCSD
PRESTON
211846 3/23/2023
023259
SCHOOL SAFETY ADVOCACY,
REGISTRATION: SCHOOL SAFETY
COUNCIL INC
CONF
211847 3/23/2023
022929
SCP DISTRIBUTORS LLC, DBA
MISC POOL SUPPLIES: AQUATICS: PW
LINCOLN AQUATICS
MISC POOL SUPPLIES: AQUATICS: PW
MISC POOL SUPPLIES: AQUATICS: PW
MISC POOL SUPPLIES: AQUATICS: PW
MISC POOL SUPPLIES: AQUATICS: PW
MISC POOL SUPPLIES: AQUATICS: PW
211848 3/23/2023
022929
SCP DISTRIBUTORS LLC, DBA
MISC POOL SUPPLIES: AQUATICS: PW
LINCOLN AQUATICS
MISC POOL SUPPLIES: AQUATICS
211849 3/23/2023
013376
SECURITY SIGNAL DEVICES
ALARM SYS SVCS: TPL
INC, SSD SYSTEMS
211850 3/23/2023
015457
SHAW HR CONSULTING INC
CONSULTING SVCS: REGISTRATION:
HR
211851 3/23/2023
013695
SHRED IT US JV LLC, DBA
DOCUMENT SHRED SVCS: CITY
SHRED IT USA LLC
CLERK
DOCUMENT SHRED SVCS: CITY CLERK
211852 3/23/2023
014818
SKYFIT TECH INC
FITNESS CENTER ENHANCEMENTS:
HR
211853 3/23/2023
002503
SOUTH COAST AIR QUALITY,
I C E ELEC GEN DIESEL: CIVIC CTR
MANAGEMENT DISTRICT
FLAT EMISSIONS FEE: CIVIC CTR
Amount Paid Check Total
64.65
64.65
4,000.00
4,000.00
1,390.89
1,390.89
250.00
250.00
1,650.00
1,650.00
300.30
-150.00
-170.00
-50.00
78.39
242.86
251.55
-100.00
248.80
148.80
1,093.00
1,093.00
2,798.00
2,798.00
247.91
1,735.54
1,983.45
2,167.48
2,167.48
468.76
151.85
620.61
Pages
apChkLst
03/23/2023
12:50:56PM
Final Check List
CITY OF TEMECULA
Page: 6
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211854
3/23/2023
000519
SOUTH COUNTY PEST
PEST CONTROL SVCS: CIVIC CTR
120.00
CONTROL INC
PEST CONTROL SVCS: RRSP
94.00
PEST CONTROL SVCS: WOLF CREEK Pk
49.00
PEST CONTROL SVCS: FOC
52.00
PEST CONTROL SVCS: STA 92
42.00
PEST CONTROL SVCS: WEDDING CHAR
32.00
PEST CONTROL SVCS: STA 95
80.00
PEST CONTROL SVCS: CRC
94.00
PEST CONTROL SVCS: CRC
90.00
PEST CONTROL SVCS: SENIOR CENTEF
29.00
PEST CONTROL SVCS: MUSEUM
42.00
724.00
211855
3/23/2023
013935
SOUTHERN CALIFORNIA
UTILITY RELOCATION: 1-15/FV PKWY
2,875.51
2,875.51
EDISON CO
IMPRVMN
211856
3/23/2023
008337
STAPLES BUSINESS CREDIT
MISC OFC SUPPLIES: TCSD
274.04
MISC OFC SUPPLIES: LAND DEV: PW
41.42
MISC OFC SUPPLIES: NPDES: PW
54.87
370.33
211857
3/23/2023
015648
STEIN ANDREW, DBA PARKINK
MISC MERCHANDISE: SPECIAL
3,465.17
3,465.17
EVENTS:TCSD
211858
3/23/2023
023221
SWCA INCORPORATED
CONSULT SVCS: WILDFIRE
2,309.30
2,309.30
PROTECTION PLAN
211859
3/23/2023
010061
TEMECULA OLIVE OIL
WORKFORCE PGM: YOUNG WOMEN'S
451.60
451.60
COMPANY
CONF
211860
3/23/2023
000306
TEMECULA VALLEY PIPE &
IRRIGATION/PLUMBING SUPPLIES:
642.92
642.92
SUPPLY
PARKS: PW
211861
3/23/2023
003941
TEMECULA WINNELSON
MISC PLUMBING SUPPLIES: PARKS
26.15
26.15
COMPANY
211862
3/23/2023
002452
TOP LINE INDUSTRIAL,
MISC SUPPLIES: STREET MAINT: PW
22.85
22.85
PRODUCTS INC
211863
3/23/2023
000161
TYLER TECHNOLOGIES INC
REGISTRATION: CONFERENCE: FIRE
1,099.00
1,099.00
211864
3/23/2023
000161
TYLER TECHNOLOGIES INC
REGISTRATION: CONFERENCE: FIRE
1,099.00
1,099.00
211865
3/23/2023
014850
VALLEY PRINTING SERVICES
PRINTING SVCS: QLMP BOOKLET
404.55
404.55
INC
211866
3/23/2023
014486
VERIZON WIRELESS
2/11-3/10 TASK FORCE TABLETS:
475.11
475.11
POLICE
Page6
apChkLst Final Check List Page: 7
03/23/2023 12:50:56PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
211867
3/23/2023
022692
VERSA PRODUCTS INC
ERGONOMIC SUPPLIES: HR
211868
3/23/2023
001890
VORTEX INDUSTRIES INC
DOOR REPAIR: CIVIC CENTER
211869
3/23/2023
007987
WALMART
MISC SUPPLIES: EASTER HUNT: TCSD
211870
3/23/2023
022529
WERLE TIMOTHY J, DBA
CHALLENGE COINS: FIRE DEPT
CAMPAIGN FIRE COINS
211871
3/23/2023
000339
WEST PUBLISHING
FEB CLEAR SUBSCRIPTION: TEM
CORPORATION, DBA
SHERIFF
THOMSON REUTERS
211872
3/23/2023
017053
WOHLFORD CHAD TYLER DBA,
CONSULTING SVCS: FINANCE
WOHLFORD CONSULTING
211873
3/23/2023
023093
WOLFE INTERACTIVE INC
MISC PROMOTIONAL ITEMS: ECON
DEV
Amount Paid Check Total
1,900.97
1,143.98
97.38
1,200.00
1.053.45
6,075.00
220.00
Grand total for UNION BANK:
1,900.97
1,143.98
97.38
1,200.00
1,053.45
6,075.00
220.00
625, 015.19
Page-7
apChkLst Final Check List Page: 8
03/23/2023 12:50:56PM CITY OF TEMECULA
88 checks in this report.
Grand Total All Checks: 625,015.19
Page:8
Item No. 4
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Betsy Lowrey, Assistant to the City Manager
DATE: April 11, 2023
SUBJECT: Approve Amended and Restated Office Lease and Memorandum of Lease Between
the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit
Temecula Valley
PREPARED BY: Betsy Lowrey, Assistant to the City Manager
RECOMMENDATION: That the City Council approve amended and restated office lease and
memorandum of lease between the City of Temecula and Temecula Valley Convention & Visitors
Bureau dba Visit Temecula Valley in substantially the form as attached and authorize the Assistant
City Manager to execute same.
BACKGROUND: The City recognizes the value of Visit Temecula Valley's operations
to the City of Temecula and its residents, and the value of having the Visit Temecula Valley offices
located adjacent to City Hall within the tourism district of Old Town. Visit Temecula Valley
proactively markets, promotes, and supports Temecula's continually growing $1.1 Billion annual
tourism economy that welcomes approximately 3 million visitors each year (based on pre-COVID
pandemic data). Temecula's vibrant tourism economy provides value to the City of Temecula by
fueling job creation, economic growth, tourism development and strengthening the City's brand.
Currently, the Tourism industry generates nearly $4 Million annually in Transient Occupancy Tax
within the City of Temecula. In addition, City Hall front desk staff directs many walk-in tourists
(anticipated to grow significantly with several approved hotel developments in Old Town) to Visit
Temecula Valley for tourist and promotional information.
Visit Temecula Valley has been a tenant of the Civic Center Complex since 2011. Visit Temecula
Valley initially leased a portion of office and retail space adjacent to the public parking garage and
the Police Station on the 1st floor facing Mercedes Street. In 2019, Visit Temecula Valley
completed tenant improvements on the 2nd floor to occupy both the 1 st floor and 2nd floor totaling
5,001 square feet. On August 1, 2022, Visit Temecula Valley relinquished a portion (335 square
feet) of their original 1 st floor office lease space to the City, and on November 8, 2022 relinquished
the remaining 1st floor office and retail lease space. This allowed Visit Temecula Valley's
operations to be conducted solely on the 2nd floor that was improved in 2019, totaling 3,985 square
feet known as 28690 Mercedes Street, Suite 201, Temecula. It also allowed the City to expand its
Old Town Police station on the 1st floor for a more visible police presence in Old Town, and
provided adequate space for the Old Town Metro Team to be housed. Additionally, the former
Visit Temecula Valley store front Visitors Center on the 1 st floor has become the City's rebranded
Welcome Center.
The initial term of the Amended and Restated Office Lease will be five years and will provide
approximately $392,300 in revenue to the City. The monthly rent will be $6,538.27, with increases
based on the Consumer Price Index upon expiration of the initial five-year lease.
FISCAL IMPACT: Office space rental revenue will generate $6,538.27 per month
ATTACHMENTS: 1. Amended and Restated Office Lease
2. Memorandum of Lease
AMENDED AND RESTATED OFFICE LEASE BETWEEN THE CITY OF
TEMECULA AND TEMECULA VALLEY CONVENTION & VISITORS
BUREAU DBA VISIT TEMECULA VALLEY
This Amended and Restated Office Lease Between the City of Temecula and Temecula
Valley Convention & Visitors Bureau dba Visit Temecula Valley ("Lease") is made by and
between the City of Temecula, a municipal corporation ("City" or "Landlord") and Temecula
Valley Convention & Visitors Bureau, a California non-profit corporation, dba Visit Temecula
Valley ("Tenant") and is effective on the date it is fully executed. The City and Tenant may be
referred to below collectively as the "Parties". In consideration of the mutual covenants and
conditions set forth herein, the Parties agree as follows:
1. RECITALS. This Lease is made with respect to the following purposes and facts
that the Parties acknowledge as true and correct:
A. On November 24, 2009, the Parties entered into that certain Office Lease
for the rental by Tenant of certain premises located in the building located at 28690 Mercedes
Street, Suite 201, Temecula, California ("Building"). The Parties later entered into a First
Amendment and Second Amendment to said Office Lease (collectively "2009 Office Lease"). The
term of the 2009 Office Lease commenced on March 11, 2011 and expired on February 28, 2018.
B. On February 13, 2018, the Parties entered into that certain Office Lease for
the rental by Tenant of certain premises located in the Building. The Parties entered into four
amendments to the 2018 Office Lease (collectively "2018 Office Lease"). On February 13, 2019,
the Parties entered into a First Amendment to the 2018 Office Lease. On May 5, 2020, the Parties
entered into a Second Amendment to the 2018 Office Lease. On July 14, 2020, the Parties entered
into a Third Amendment to the 2018 Office Lease. On March 26, 2021, the Parties entered into a
Fourth Amendment to the 2018 Office Lease.
C. As of August 1, 2022, the Parties agreed to an initial reduction of 335 square
feet from the total 5,001 square feet leased by Tenant to allow the City to proceed with expansion
of the Old Town Police Station on the first floor of City Hall. Based on potential plans of the City
to use additional portions of the leased area located on the first floor of the Building, the Parties
continued their discussions regarding the space that Tenant would lease from the Building. On
November 8, 2022, the Parties agreed to a total reduction of the first floor to allow the City to use
the entire first floor of the Building. Accordingly, effective November 8, 2022, the Parties agreed
that Tenant would occupy a total approximate 3,985 square foot portion of the Building located
solely on the Second Floor of the Building for a monthly rate of $6,538.27 effective November 8,
2022 and in consideration of all leased area reductions and a CPI adjustment of 4.9% in September
of 2022. The total 3,985 square foot portion of the Building that Tenant occupies as of November
8, 2022 is referred to below as the "Premises" and is depicted on Exhibit "A", which is attached
hereto and incorporated herein by this reference.
D. Both the City and Tenant recognize the value of Visit Temecula Valley's
operations to the City of Temecula and its residents and the value of having the Visit Temecula
Valley offices located adjacent to City Hall within the tourism district of Old Town. Visit
Temecula Valley proactively markets, promotes and supports Temecula's continually growing
$1.1 Billion annual tourism economy that welcomes approximately 3 million visitors each year to
the Temecula Valley. Temecula's vibrant tourism economy provides value to the City of
-1-
11086-0111 \2763059v3.doc
Temecula by fueling job creation, economic growth, tourism development and strengthening the
City' s brand. Currently, the Tourism industry generates local tax revenue of $6.9 Million annually
for the City of Temecula from tourists driving more than 50 miles away, which does not include
local or regional visitors. In addition, City Hall front desk staff directs many walk-in tourists to
the Visit Temecula Valley for tourist and promotional information. Tourism is anticipated to grow
significantly with several approved hotel developments in Old Town.
E. The Parties wish to enter into this Lease to set forth the terms and conditions
of Tenant's lease of the Premises. This Agreement replaces in its entirety the 2018 Lease.
Accordingly, the 2018 Lease, as amended by the First Amendment, Second Amendment, Third
Amendment and Fourth Amendment, will have no force or effect.
F. The above Recitals are incorporated in this Lease by this reference.
NOW THEREFORE, in consideration of the terms and conditions of this Lease, the City
and Tenant agree to Tenant's Lease of the Premises, subject to the terms and conditions set forth
below.
2. PREMISES; CONFERENCE CENTER; PARKING; COMMON AREAS
A. Premises. Subject to the terms and conditions of this Lease, the City hereby
leases to Tenant and Tenant hereby leases from the City, the Premises described in Exhibit "A"
attached hereto and incorporated herein by this reference. The Premises consist of an approximate
3,985 square foot area located on the second floor of the Building located at 28690 Mercedes
Street, Suite 201, Temecula.
B. Use of Conference Center. Upon 14 days prior written notice to City given
no more than once a month, Tenant will have the right to use the portion of the Building commonly
referred to as the "Conference Center" for a monthly meeting of Tenant's Board of Directors.
Tenant will coordinate with the City regarding the date for said monthly meeting to avoid conflicts
with other scheduled uses of the Conference Center.
C. Parking. Tenant's customers will have the right to use the parking spaces
in the parking facility in the Building, which is free of charge. Tenant agrees that Tenant's
employees, contractors, officers, and agents will only park on level 2 and level 3 of the parking
facility that is part of the Building. There are no reserved or designated parking spaces assigned
to Tenant.
D. Common Areas. Tenant will also have the non-exclusive right to use
Common Areas (as hereinafter defined) for ingress and egress to and from the Premises. As used
herein, the term "Common Areas" will mean all areas within the exterior boundaries of the parcel
of land on which the Building is located that is now or later made available for the general,
nonexclusive use of City, other persons entitled to occupy the Building and the exterior boundaries
and the term "Project" will mean the Building together with the parcel of land on which the
Building is located. Tenant understands and acknowledges that, although included within the
definition of "Common Area" herein, the parking facility and related facilities for the Project may,
at City's sole and absolute option and in accordance with applicable laws and governmental
requirements, be available and open to the general public for parking. City will have the right to
(i) utilize from time to time any portion of the Common Area for promotional, entertainment and
-2-
2763059v4
related matters; (ii) place permanent or temporary kiosks, displays, carts and stands in the Common
Area and to lease same to tenants; (iii) restrain the use of the Common Area by unauthorized
persons; (iv) temporarily close any portion of the Common Area for repairs, improvements or
alterations, to discourage non -customer use, to prevent dedication or an easement by prescription
or for any other reason deemed sufficient in City's judgment; and (v) renovate, upgrade or change
the shape and size of the Common Area or add, eliminate or change the location of improvements
to the Common Area including, without limitation, buildings, parking areas, roadways and curb
cuts, and to construct buildings on the Common Area.
E. AS -IS Condition. City makes no warranties or representations, express or
implied, regarding the condition of the Premises or Building and Tenant will take possession of
the Premises in "AS -IS" condition.
3. TERM.
A. Term. The Term of the Lease of the Premises commenced on November 8,
2022 (Commencement Date). The Term of the Lease will terminate five years from the
Commencement Date; provided, however, that the initial five-year term will automatically extend,
on an annual basis, for one year, and such annual extensions ("Annual Extension Periods") will
continue in perpetuity unless City or Tenant give 30 days prior written notice to the other (at any
time during any one year annual extension) that said party elects to terminate this Lease, and this
Lease will terminate at the end of said 30-day period. The initial five-year term of the Premises
as so extended by the Annual Extension Periods, is hereinafter referred to as the "Term".
B. Renegotiation Option. Prior to the commencement of any of the Annual
Extension Periods, the City has the option to renegotiate the terms of the Lease by providing
written notice to Tenant 30 days prior to the commencement of any such one-year extension period.
4. RENT; ADJUSTMENTS; SECURITY DEPOSIT.
A. Monthly. Commencing on November 8, 2022, Tenant will pay to City
for Tenant's lease of the Premises, as monthly rent, without deduction, setoff, notice or demand,
in advance, on or before the first business day of each calendar month the sum of $6,538.27 per
month (3,985 square feet @ $1.6407199 per square foot), which will be adjusted in accordance
with Paragraph 4.13. of the Lease. All rental payments hereunder will be paid by Tenant to City of
Temecula, Attention: Finance Department, 41000 Main Street, Temecula, California, or at such
other address or to such other persons as the City may from time to time designate in writing.
B. Rent Adjustments. For a period of five (5) years from the Commencement
Date, rent shall be fixed at a rate of $6,538.27 per month. Following expiration of the initial five
(5) year term, the then -current monthly rent will be increased by the lesser of (i) 50 percent (50%)
of the percentage increase in the Consumer Price Index published by the Bureau of Labor Statistics
of the United States Department of Labor ("Bureau") for the Riverside -San Bernardino -Ontario
Metropolitan Area or successor thereto ("CPI") preceding expiration of the five (5) year term, as
determined by City by dividing the CPI published 3 months prior to the expiration of the five (5)
year term by the CPI published 15 months prior to expiration of the five (5) year term; or (ii) five
percent (5%), whichever is lower. City will notify Tenant in writing of the Adjusted Monthly Rent
following expiration of the initial five (5) year term, which notification is sufficient via City
invoice statement to the Tenant providing the rent amount due.
-3-
2763059v4
C. Security Deposit. Tenant has deposited a total security deposit of $6,751.00
("Security Deposit") with City as security for Tenant's faithful performance of Tenant's
obligations under this Lease. The $6,751.00 Security Deposit consists of $2,832.00 deposited by
Tenant as security in connection with the 2009 Office Lease and $3,919.00 deposited by Tenant
as security in connection with the 2018 Office Lease. If Tenant fails to pay rent, or otherwise
defaults under this Lease, City may use, apply or retain all or any portion of said Security Deposit
for the payment of any amount already due City for rent which will be due in the future, and/ or to
reimburse or compensate City for any liability, expense, loss or damage that City may suffer or
incur by reason thereof. If City uses or applies all or any portion of the Security Deposit, Tenant
will within ten days after written request from City, deposit monies with City sufficient to restore
said Security Deposit to the full amount required by this Lease. When the rent increases during
the Term of this Lease, Tenant will, upon written request from City, deposit additional monies
with City so that the total amount of the Security Deposit will at all times bear the same proportion
to the increased rent as the initial Security Deposit bore to the initial rent. City will not be required
to keep the Security Deposit separate from its general accounts. Within 90 days after the expiration
or termination of this Lease ( or such earlier date as required by law), City will return that portion
of the Security Deposit not used or applied. No part of the Security Deposit will be considered to
be held in trust, to bear interest, or to be prepayment for any monies to be paid by Tenant under
this Lease.
5. USE. Tenant will use the Premises solely for office purposes. Tenant will not use
or permit the Premises to be used for any other purpose without the prior written consent of City,
which may be withheld in the City's sole and absolute discretion.
6. ALTERATIONS AND IMPROVEMENTS. Tenant must obtain City's written
approval with respect to any changes, alterations or additions to the Premises. City's approval
process will be in addition to any municipal code, regulatory and legal requirements. All
alterations, additions, or changes to be made to the structure or improvements on the Premises will
be under the supervision of a competent architect or competent licensed structural engineer and
made in accordance with the plans and specifications with respect thereto, and all work must be
done in a good and workmanlike manner and diligently prosecuted to completion.
7. MAINTENANCE. City will, at its sole cost and expense, maintain the Building
(including plumbing, heating, HVAC and electrical systems) in operable, condition, and repair.
City will provide janitorial services for the Common Areas of the Building in accordance with the
City's janitorial service contract for the Building, as amended from time to time. City will not
provide janitorial services for the Premises. Tenant will maintain the Premises in good condition
and repair.
8. ASSIGNMENT AND SUBLETTING. Tenant will not either voluntarily, or by
operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any
interest herein, or any right or privilege appurtenant hereto, or allow any other person (the
employees, agents, servants and invitees of Tenant excepted) to occupy or use the Premises, or
any portion thereof, without first obtaining the written consent of City, which consent may be
withheld in the City's sole and absolute discretion. A consent to one assignment, subletting,
occupation or use by any other person will not be deemed to be a consent to any subsequent
assignment, subletting, occupation or use by another person. Consent to any such assignment or
subletting will in no way relieve Tenant of any liability under this Lease, whether or not the term
0
2763059v4
of this Lease is extended by the assignee or sublessee. Any such assignment or subletting without
such consent will be void, and will, at the option of the City, constitute a default under this Lease.
9. INDEMNIFICATION. The Tenant agrees to defend, indemnify, protect and hold
harmless the City of Temecula, Temecula Community Services District, and/or the Successor
Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers
from and against any and all claims, demands, losses, defense costs or expenses, including attorney
fees and expert witness fees, or liability of any kind or nature which the City of Temecula,
Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or
which may be imposed upon them for injury to or death of persons, or damage to property arising
out of Tenant's negligent or wrongful acts or omissions arising out of or in any way related to the
performance or non-performance of this Agreement, excepting only liability arising out of the
negligence of the City of Temecula, Temecula Community Services District, and/or the Successor
Agency to the Temecula Redevelopment Agency to the extent arising from Tenant's use of the
Premises, Tenant's construction of the Tenant Improvements, or from the conduct of its business
or from any activity, work performed, or other things done, suffered by the Tenant in or about the
Premises (excluding acts and omissions by City or City's contractors). If any action or proceeding
is brought against any Indemnitee by reason of any such claim, Tenant, upon notice from any
Indemnitee, will defend said Indemnitee at Tenant's expense, by counsel reasonably satisfactory
to said Indemnitee. Tenant will give prompt notice to City in case of casualty or accidents in the
Premises.
10. INSURANCE REQUIREMENTS.
A. Tenant shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Tenant, its agents, representatives,
or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 1185 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Tenant owns no automobiles, a
non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Tenant has no employees while performing
under this Agreement, worker's compensation insurance is not required, but Tenant shall execute
a declaration that it has no employees.
B. Limits of Insurance. Tenant shall maintain limits no less than:
1) General Liability: One Million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
-5-
2763059v4
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One Million ($1,000,000) accident for bodily
injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
D. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District,
the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees
and volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Tenant; products and completed operations of the Tenant;
premises owned, occupied or used by the Tenant; or automobiles owned, leased, hired or borrowed
by the Tenant. The coverage shall contain no special limitations on the scope of protection
afforded to the City of Temecula, the Temecula Community Services District, the Successor
Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Tenant's insurance
coverage shall be primary insurance as respects the City of Temecula, the Temecula Community
Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers,
officials, employees and volunteers. Any insurance or self -insured maintained by the City of
Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the
Tenant's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City of
Temecula, the Temecula Community Services District, and the Successor Agency to the Successor
Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) The Tenant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed
to state in substantial conformance to the following: If the policy will be canceled before the
expiration date the insurer will notify in writing to the City of such cancellation not less than thirty
(30) days' prior to the cancellation effective date.
6) If insurance coverage is canceled or, reduced in coverage or in limits
the Tenant shall within two (2) business days of notice from insurer phone, fax, and/or notify the
City via certified mail, return receipt requested of the changes to or cancellation of the policy.
W
2763059v4
E. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance
shall not be considered to comply with these insurance requirements.
F. Verification of Coverage. Tenant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
11. UTILITIES; HVAC. City will provide and pay for water and trash pick-up. Tenant
will obtain and pay for all other utilities, including gas, electricity, internet service, and phone
service. Tenant will pay Tenant's reasonable prorated share of utilities contracted for by City
(including electricity and gas), as determined by City, on a monthly basis within ten days after
City gives written notice to Tenant of the amount due.
12. SIGNS. Except for any signage that Tenant installed on the exterior of the Premises
previously approved by the City, Tenant will not, without City's prior written approval, install or
affix any lighting or plumbing fixtures, shades, awnings, or decorations (including exterior
painting), signs, lettering, placards, or the like on the exterior of Premises; display or sell
merchandise on, or otherwise obstruct, any area outside the exterior walls of the Premises; or cause
or permit to be used any advertising, loudspeakers, unusually bright or flashing lights, and similar
devices which may be seen or heard outside the Premises. The signage previously installed by
Tenant on the exterior of the Premises and approved by the City is depicted on Exhibit "C" attached
hereto and incorporated herein by this reference.
13. COMPLIANCE WITH LAW. Tenant, at its expense, will comply promptly with
all applicable laws, ordinances, regulations, and orders of any governmental authority pertaining
to the Premises or Tenant's use or occupancy of the Premises or improvement of said Premises
(including laws, ordinances, regulations and orders pertaining to non-structural improvements
required by law, the location and maintenance of trade fixtures, equipment, and other personal
property; the conduct of Tenant's employees; preparation, storage, and service of food and drink,
and the like, but excluding new laws or changes in laws that require improvements to the structural
components of the Premises).
14. RIGHT OF ACCESS. The City and City's officers, employees, and agents will at
all reasonable times have the right to enter the Premises for the purpose of inspecting the same,
posting notices of non -responsibility or any other notices required by law for the protection of the
City, doing any work that City is permitted or required to perform under this Lease, and making
any reasonable repairs which the City determines may be required. Tenant will furnish City with
a pass key to the Premises, which the City will use only in case of emergency to prevent or
investigate a crime, or in such cases where access is necessary to prevent damage to the Building
or to any portion of the Premises or to make repairs necessary to ensure continuous operation of
the Building. City will have the right to enter the Premises and post "For Lease" or "For Rent"
signs in any windows of the Premises: (i) during any period while Tenant is in default, and (ii)
after delivery of any notice of termination. In conducting its activities on the Premises as allowed
in this Paragraph 14, City will use good faith efforts to notify Tenant, and attempt to minimize the
inconvenience, annoyance, or disturbance to Tenant.
-7-
2763059v4
15. TAXES. Tenant will pay or cause to be paid, before delinquency, any and all taxes
levied and assessed which become payable during the Term hereof against its interest in the
Premises, upon improvements made by Tenant, or any equipment, furniture, fixtures, and any other
personal property located in or on the Premises, or which become a lien against the Premises or
Tenant's interest therein. TENANT RECOGNIZES AND UNDERSTANDS THAT THIS
LEASE MAY CREATE A POSSESSORY INTEREST SUBJECT TO PROPERTY TAXES
LEVIED UPON SUCH INTEREST, AND THAT IN SUCH EVENT TENANT WILL BE
OBLIGATED TO PAY SUCH TAX OR PURSUE AN EXEMPTION. CITY IS IN NO WAY
LIABLE FOR ANY SUCH TAXES ON THE POSSESSORY INTEREST, IF ANY.
16. RULES AND REGULATIONS. Tenant will faithfully observe and comply with
the rules and regulations that City may from time to time promulgate and/or modify. The rules
and regulations will be binding upon the Tenant upon delivery of a copy of them to Tenant. City
will not be responsible to Tenant for the nonperformance of any said rules and regulations by any
other lessees or occupants of the Building.
17. TENANT'S DEFAULT. The failure by Tenant to observe or perform any of the
covenants, conditions or provisions of this Lease to be observed or performed by Tenant other than
described where such failure will continue for a period of 30 days after written notice thereof by
City to Tenant constitutes a breach or default by Tenant; provided, however, that if the nature of
Tenant's breach or default is such that more than 30 days are reasonably required for its cure, then
Tenant will not be deemed to be in default if Tenant commences such cure within said 30-day
period and thereafter diligently prosecutes such cure to completion.
18. REMEDIES UPON TENANT DEFAULT. In the event of any such default or
breach by Tenant, City may at any time thereafter, in its sole discretion, with or without notice or
demand and without limiting City in the exercise of a right or remedy which City may have by
reason of such default or breach terminate Tenant's right to possession of the Premises by written
notice to Tenant, in which case this Lease will terminate and Tenant will immediately surrender
possession of the Premises to City. City may also pursue any other remedy now or hereafter
available to City under the laws or judicial decisions of the State of California.
19. DEFAULT BY CITY. City will not be in default unless City fails to perform
obligations required of City within 30 days after written notice by Tenant to City specifying
wherein City has failed to perform such obligation; provided, however, that if the nature of City's
obligation is such that more than 30 days are required for performance then City will not be in
default if City commences performance within such 30-day period and thereafter diligently
prosecutes the same to completion.
20. DAMAGE; RECONSTRUCTION. In the event the Premises or parking areas are
damaged by fire or other perils, City may terminate this Lease by written notice to Tenant.
21. EMINENT DOMAIN. If any portion of the Building or the Premises is taken or
appropriated by any authority under the power of eminent domain, City may terminate this Lease
by written notice to Tenant. hi any such case, any Tenant Improvements constructed by Tenant
on the Premises are considered real property and are considered to be owned by the City.
22. SUCCESSORS. Each and every one of the terms, covenants, and conditions of this
Lease will inure to the benefit of and will bind, as the case may be, not only the Parties hereto but
10
2763059v4
each and every one of the heirs, executors, administrators, successors, assigns, and legal
representatives of the Parties hereto; provided, however, that any subletting or assignment by
Tenant of the whole or any part of the Premises or any interest therein will be subject to the
provisions of Paragraph 8 of this Lease.
23. HOLDING OVER. If Tenant, with City's prior written consent, remains in
possession of the Premises after expiration or termination of the Term, or after the date in any
notice given by City to Tenant terminating this Lease, such possession by Tenant will be deemed
to be tenancy at will (or as otherwise expressly agreed by City in its written consent), terminable
upon notice given at any time by either Party, at a monthly rental equal to the fair rental value of
the Premises, as determined by City in its good faith discretion. All provisions of this Lease except
those pertaining to rent and term will apply to the tenancy.
24. SURRENDER. At the expiration or termination of the Term of this Lease, Tenant
will surrender the Premises to the City in the same condition as received, reasonable wear and tear
excepted; provided, however, that: (i) all of Tenant's machinery, equipment and other trade
fixtures will remain Tenant's property and Tenant may remove Tenant's personal property,
provided Tenant removes such machinery, equipment, trade fixtures and personal property at
Tenant's cost prior to the expiration of the Term or within 30 days after any earlier termination of
said Term; (ii) City may require Tenant to remove all fixtures, personal property and/or alterations
installed by Tenant by written notice given at least 30 days prior to the expiration of the Term or
concurrently with City's termination notice, as applicable; and (iii) Tenant will remove Tenant's
exterior sign and will repair all damage caused by the removal. Unless otherwise provided in
writing by City to Tenant, at the expiration or termination of the Term, all Tenant Improvements
are considered real property and are considered to be owned by the City.
25. GENERAL PROVISIONS.
A. Waiver. The waiver by City of any term, covenant or condition herein
contained will not be deemed to be a waiver of such term, covenant, or condition or any subsequent
breach of the same or other term, covenant or condition herein contained. The acceptance of rent
hereunder by City will not be deemed to be a waiver of any default by Tenant of any term,
covenant, or condition herein contained, regardless of City's knowledge of such default at the time
of the acceptance of such rent.
B. Time. Time is of essence of this Lease and each and all of its provisions.
C. Prior Agreements. This Lease contains all of the agreements of the Parties
hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or
understanding pertaining to any such matters will be effective for any purpose.
D. Inability to Perform. This Lease and the obligations of the Tenant hereunder
will not be affected or impaired because the City is unable to fulfill any of its obligations hereunder
or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles,
acts of nature, or any cause beyond the reasonable control of the City.
E. Construction; Captions. The Parties agree that this Lease is the project of
joint draftsmanship and that should any of the terms be determined by a court, or in any type of
quasi-judicial or other proceeding, to be vague, ambiguous and/or unintelligible, that the same
0
2763059v4
sentences, phrases, clauses or other wording or language of any kind will not be construed against
the drafting party in accordance with California Civil Code Section 1654, and that each party to
this Lease waives the effect of such statute. The captions and section titles to the sections of this
Lease are not a part of the Lease and will have no effect upon the construction or interpretation of
any part of this Lease. Unless provided otherwise, any term referencing time, days, or period for
performance will be deemed calendar days and not work days.
F. Partial Invalidity. Any provision of this Lease that is proved to be invalid,
void, or illegal will in no way affect, impair or invalidate any other provision hereof and such other
provision will remain in full force and effect.
G. Amendments. Any modification or amendment to this Lease will be of no
force and effect unless it is in writing and signed by the Parties or their respective successors in
interest.
H. Counterparts. This Lease may be executed in any number of counterparts,
each of which, when executed and delivered, will be deemed to be an original, and all of which,
taken together, will be deemed to be one and the same instrument.
I. Governiniz Law and Venue. This Lease will be interpreted and enforced
according to, and the Parties' rights and obligations, including any non -contractual claims, will be
governed by the domestic law of the State of California, without regard to its laws regarding choice
of applicable law. Any proceeding or action to enforce this Lease or pertaining to this Lease will
be filed in the Superior Court of the County of Riverside, California.
J. Cit.APprovals. Neither City's execution of this Lease nor any consent
or approval given by City hereunder in its capacity as City will waive, abridge, impair or otherwise
affect City's powers and duties as a governmental body. Any requirements under this Lease that
Tenant obtain consents or approvals of City are in addition to and not in lieu of any requirements
of law that Tenant obtain approvals or permits.
K. No Third -Party Beneficiaries. The Parties will not be obligated or liable
under this Lease to any party other than each other. There are no intended third -party beneficiaries
of any right or obligation assumed by the Parties.
L. Brokers. Tenant represents and warrants that Tenant has not had any
dealings with realtors, brokers or agents in connection with the negotiation of this Lease.
M. Recorded Memorandum of Lease. Concurrently with its execution and
delivery of this Lease, Tenant will execute, acknowledge and deliver to City, for recordation, a
Memorandum of Lease in a form prescribed by the City.
N. Exhibits. All Exhibits referenced in this Lease are incorporated as though
set forth in full in this Lease.
O. Notices. All notices and demands will be given in writing by certified mail,
postage prepaid, and return receipt requested, by personal delivery, or by Federal Express or other
overnight carrier. Notices will be considered given upon the earlier of (i) personal delivery, (ii)
two business days following deposit in the United States mail, postage prepaid, certified or
registered, return receipt requested, or (iii) one business day following deposit with Federal
-10-
2763059v4
Express or other overnight carrier. If notice is received on a Saturday, Sunday or legal holiday, it
will be deemed received on the next business day. The Parties will address such notices as
provided below or as may be amended by written notice:
City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Assistant City Manager
Tenant: Temecula Valley Convention & Visitors Bureau
dba Visit Temecula Valley
28690 Mercedes Street, Suite 201
Temecula, California 92590
Attention: Chairman of the Board and VP of Finance & Operations
[SIGNATURES ON NEXT PAGE]
-11-
2763059v4
IN WITNESS WHEREOF, the Parties have executed this Lease as of the date set forth
below:
City/Landlord:
CITY OF TEMECULA, a municipal
corporation
Dated:
2023
Tenant•
TEMECULA VALLEY CONVENTION &
VISITORS BUREAU, a California nonprofit
corporation, dba Visit Temecula Valley
Dated: , 2023
By: By:
Kevin Hawkins, Assistant City Manager
ATTEST:
Randi Johl, City Clerk
Approved as to form:
Peter M. Thorson, City Attorney
Print Name:
Title:
Dated: , 2023
By:
Print Name:
Title:
2763059v4
-12-
£Ih■bit "A"
Description of Premises
-I-
Exhibit "B"
Depiction of Signage Installed by Tenant on Exterior of Premises
E O«;CE
visor
frEMECUL4
VALLEY
VISITORS CF;NTtR
RECORDING REQUESTED BY; AND
WHEN RECORDED RETURN TO:
City of Temecula
41000 Main Street
Temecula, California 92590
Attention: City Clerk's Office
[X] Portions of APN
Space Above For Recorder's Use Only
The undersigned declares that this Memorandum of Lease is exempt from Recording Fees pursuant to California
Government Code Section 27383 and exempt from Documentary Transfer Tax pursuant to California Revenue and
Taxation Code Section 11922.
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE ("Memorandum") is dated as of April 11, 2023, and
is executed by the CITY OF TEMECULA, a California municipal corporation ("City"), and
Temecula Valley Convention & Visitors Bureau, a California non-profit corporation, dba Visit
Temecula Valley ("Tenant").
RFCTTAT,S
A. Tenant and City have entered into that certain Amended and Restated Office Lease
Between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit
Temecula Valley, with an effective date of November 8, 2022 (the "Lease"). Pursuant to the Lease,
City has agreed to lease and rent to Tenant, and Tenant has agreed to lease and rent from City, an
approximate 3,985 square foot portion ("Premises") of the building located at 28690 Mercedes
Street, Suite 201, Temecula ("Building"). The Premises are described on Exhibit A hereto.
B. B. Pursuant to the Lease, Tenant and its customers have the right to use certain
parking spaces in the parking facility located in the Building and the non-exclusive right to use
certain Common Areas, subject to the terms of the Lease.
C. The Term of the Lease commenced on November 8, 2022.
D. Tenant and City now desire to enter into this Memorandum to provide record notice
of the Lease.
2761222v1
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Tenant and City agree
as follows:
1. Lease. City hereby leases and demises the Premises to Tenant, and Tenant hereby
leases and accepts the Premises from City subject to the terms of the Lease. The Term of the Lease
of the Premises commenced on November 8, 2022 (Commencement Date) and will terminate five
years from the Commencement Date; provided, however, that the initial five-year term will
automatically extend, on an annual basis, for one year, and such annual extensions ("Annual
Extension Periods") will continue in perpetuity unless City or Tenant give 30 days prior written
notice to the other (at any time during any one year annual extension) that said party elects to
terminate this Lease, and this Lease will terminate at the end of said 30-day period.
2. Purpose. This Memorandum is prepared for the purposes of recordation only and
in no way modifies the terms and conditions of the Lease. In the event any provision of this
Memorandum is inconsistent with any term or condition of the Lease, the term or condition of the
Lease shall prevail.
3. Counterparts. This Memorandum may be executed in any number of counterparts,
each of which, when executed and delivered, shall be deemed to be an original, and all of which,
taken together, shall be deemed to be one and the same instrument.
[SIGNATURES ON NEXT PAGE]
2
2761222v1
IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Lease
as of the date set forth below.
City:
CITY OF TEMECULA, a municipal
corporation
Dated: , 2023
By:
Kevin Hawkins, Assistant City Manager
ATTEST:
Tenant•
TEMECULA VALLEY CONVENTION &
VISITORS BUREAU, a California nonprofit
corporation, dba Visit Temecula Valley
Dated: , 2023
By:
Print Name:
Title:
Dated:
Randi Johl, City Clerk
Approved as to form: By:
Print Name:
Peter M. Thorson, City Attorney
Title:
3
2761222v1
2023
EXHIBIT "A"
Description of Premises
1
1
II
II I 1
II i � Ir Iris
---- II E ,II 1=
-_-
H
CD N
3
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Riverside
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Riverside
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Riverside
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Item No. 5
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: April 11, 2023
SUBJECT: Adopt Resolution Regarding the Addressing of Accessory and Junior Accessory
Dwelling Units (Long Range Planning Project No. LR23-0110)
PREPARED BY: Mark Collins, Assistant Planner
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AN ADDRESSING POLICY FOR
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND MAKING THE FINDING OF
EXEMPTION UNDER SECTIONS 15061(B)(3) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA")
(LONG RANGE PLANNING PROJECT NO. LR23-0110)
BACKGROUND: State Law surrounding Accessory Dwelling Units (ADU) and Junior
Accessory Dwelling Units (JADU) have been passed and amended with increased focus on
producing housing units. The City of Temecula adopted Ordinance No. 2020-04 on April 28, 2020,
which implemented the requirements of State ADU Law and was amended on March 14, 2023,
with Ordinance No. 2023-03.
These Ordinances along with the changes to State Law have greatly increased the number of ADU
and JADU applications, and currently there is no policy specific to addressing these new accessory
residential structures. The services and timely response of agencies expected by residents is
predicated on an organized, logical, and consistent addressing policy.
ANALYSIS: The current policy of addressing new residential structures does not
account for ADU's and JADU's and has created challenges for staff trying to use a policy for
something beyond what it was intended. Additionally, residents have been frustrated with the
ambiguity of ADU/JADU addressing policy and desire to have entirely new or unrelated addresses
which would cause negative impacts to everything from mail delivery to emergency responders.
An orderly addressing policy is necessary to provide effective emergency service response and
timely delivery of other services that Temecula residents expect, this proposed resolution would
require the following when an ADU and/or JADU is applied for:
• Primary Residence address would include a "Unit 1" designation
• ADU or JADU address would be the same as the Primary Residence but would include a
"Unit 2" designation
• A second ADU or JADU would be the same address as the Primary Residence but would
include a "Unit 3" designation
For Example:
• A home with the address 123 Main Street that proposed a singular ADU or JADU would
have the following addresses:
o Primary Residence — 123 Main Street Unit 1
o ADU or JADU — 123 Main Street Unit 2
• A home with the address 456 Second Street that proposed a detached or attached ADU and
a JADU would have the following addresses:
o Primary Residence — 456 Second Street Unit 1
o ADU Residence — 456 Second Street Unit 2
o JADU Residence — 456 Second Street Unit 3
LEGAL NOTICING REQUIREMENTS
No legal notice to the public is required for the City Council to adopt an ADU/JADU addressing
policy.
ENVIRONMENTAL DETERMINATION:
Staff has determined that this project is Categorically Exempt from the California Environmental
Quality Act per Section 15061(B)(3), the common sense exemption, as it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment.
ATTACHMENTS: Resolution
RESOLUTION NO.2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AN ADDRESSING POLICY
FOR ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND MAKING THE
FINDING OF EXEMPTION UNDER SECTIONS 15061(B)(3)
OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
("CEQA") (LONG RANGE PLANNING PROJECT NO.
LR23-0110)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, the City of Temecula, California (the "City") is a municipal corporation, duly
organized and existing under the Constitution and the laws of the State of California; and
WHEREAS, the City desires to increase the orderly development of Accessory Dwelling
Unit's (ADU) and Junior Accessory Dwelling Unit's (JADU); and
WHEREAS, the City has a standard addressing policy for new commercial and residential
buildings, but no such policy for ADU or JADU addressing presently exists; and
WHEREAS, the City desires to implement a complimentary addressing policy for ADU
and JADU's to ensure clear unit identification, timely emergency service response, and mail
delivery.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF TEMECULA, HEREBY FINDS, DETERMINES AND DECLARES AS FOLLOWS:
SECTION 1. The primary residential unit, newly constructed or existing shall be
addressed according to existing policy and shall include an illuminated "Unit 1" identifier. This
shall only be applicable if an ADU or JADU is proposed on the same parcel.
SECTION 2. A secondary residential unit, an ADU or JADU, constructed shall bear
the same main address as the primary with the additional unit bearing an illuminated "Unit 2"
identifier.
SECTION 3. A third and final residential unit, an ADU or JADU, constructed shall
bear the same main address as the primary with the additional unit bearing an illuminated "Unit
3" identifier.
SECTION 4. All addresses shall be illuminated per Policy 3.2 of Goal 3 of the
Temecula General Plan, effective and cost-efficient police, fire, and emergency medical services
within the City.
SECTION 5. All addresses shall be legible and physically installed in a prominent
manner on the building that clearly identifies which entryway is associated with each address and
in accordance with the Temecula Municipal Code Section 17.28.050 (N).
SECTION 6. All ADU or JADU addresses will be routed through the United States
Postal Service, to ensure compliance with the requirements of the Postal Service, specifically
Publication 28 — Postal Addressing Standards. This is the same process for all addresses.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution.
SECTION 8. This Resolution shall take effect upon its adoption by the City Council.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 1 lth day of April, 2023.
ATTEST:
Randi Johl, City Clerk
[SEAL]
Zak Schwank, Mayor
a
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2023- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the I Ith day of April, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Item No. 6
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: April 11, 2023
SUBJECT: Approve Second Amendment to Agreement for Consultant Services with Hicks &
Hartwick, Inc., for Engineering Plan Check Services
PREPARED BY: Julie Tarrant, Principal Management Analyst
Tammy Petricka, Administrative Assistant
RECOMMENDATION: That the City Council approve the second amendment to the
agreement for consultant services with Hicks & Hartwick, Inc., for engineering plan check
services, to extend the term of the agreement to June 30, 2025, and increase payment in the
amount of $100,000, for a total agreement value of $200,000.
BACKGROUND: On October 22, 2021, the Director of Public Works approved an
agreement in the amount of $60,000 with Hicks and Hartwick, Inc., for Engineering Plan Check
Services. On July 1, 2022, the Director of Public Works approved the First Amendment to extend
the term of the agreement to June 30, 2024, and increase the payment in the amount of $40,000.
At this time, we have nearly expended the full agreement amount and with the on -going increased
development within the city, additional plan check services are needed to continue project
development. Hicks & Hartwick have effectively and efficiently performed professional
engineering services for the city and continue to provide essential plan check services for the
Department of Public Works Land Development Division to serve the development community.
We therefore request to approve the Second Amendment with Hicks & Hartwick, and increase
their agreement in the amount of $100,000, for a total agreement value of $200,000, and to extend
the term to June 30, 2025.
FISCAL IMPACT: None
ATTACHMENTS: Second Amendment
SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND HICKS & HARTWICK, INC.
ENGINEERING PLAN CHECK SERVICES
(Agreement No. 2021-289)
THIS SECOND AMENDMENT is made and entered into as of April 11, 2023 by and
between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and
Hicks & Hartwick, Inc, a Corporation (hereinafter referred to as "Consultant"). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
This Amendment is made with the respect to the following facts and purposes:
a. On October 22, 2021, the City and Consultant entered into that certain
Agreement entitled "Agreement for Consultant Services," in the amount of $60,000.00.
b. On July 1, 2022, the City and Consultant entered into a First Amendment
to extend the term of the agreement to June 30, 2024, and increase the payment in the amount
of $40,000.00.
C. The parties now desire to extend the term of the agreement to June 30,
2025, increase the payment in the amount of $100,000.00, and to amend the Agreement as set
forth in this Amendment.
2, Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows:
"This Agreement shall remain and continue in effect until tasks herein are
completed, but in no event later than June 30, 2025 unless sooner
terminated pursuant to the provisions of this Agreement.
3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby
amended to read as follows:
The City agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B, Payment
Rates and Schedule, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual time spent on the
above tasks. Any terms in Exhibit B, other than the payment rates and
schedule of payment, are null and void. The SECOND Amendment
amount shall not exceed One Hundred Thousand Dollars and Zero
Cents ($100,000.00), for a total Agreement amount of Two Hundred
Thousand Dollars and Zero Cents ($200,000.00).
4. Exhibit B to the Agreement is hereby amended by adding thereto the items set
forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as
though set forth in full.
5. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
O8/09/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
By:
Zak Schwank, Mayor
ATTEST.
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
HICKS & HARTWICK, INC
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign
the agreement on behalf of the corporation.)
i
By:
Matt ew C. Hicks, President
CONSULTANT
Hicks & Hartwick, Inc.
Attn: Matthew C. Hicks
37 E. Olive Avenue, Suite C
Redlands, CA 92373
909 793-2257
matt@ve!ycivii.com
City Purchasing Mgr.
Initials and Date:
V9
2
08/09/2021
ATTACHMENT A
EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein
as though set forth in full but in no event shall the total cost of services exceed $200, 000.00 for
the total term of the Agreement unless additional payment is approved as provided in the Payment
section of this Agreement.
HICKS & HARTWICK, INC.
F-NGINEERS & SURVEYORS
ESTABLISHED 1902
HOURLY RATE SCHEDULE
Effective June 2023 through June 2025
PLAN CHECKING PERSONNEL $1 HE.
SeniorEngineer............................................................. .............................................. 245.00
ProjectEngineer------..... -------- ---.................... ---------------------------------------------------------------225.00
PlanChecker... ......................... --------------------....... ............... ...----------------- ...............155-00
08/09/2021
ACTION BY UNANIMOUS WRITTEN CONSENT
OF DIRECTORS AND SHAREHOLDERS OF HICKS & HARTWICK, INC.,
A California Corporation
The undersigned, all the directors and shareholders HICKS & HARTWICK, INC., acting
by unanimous written consent without a meeting pursuant to section 307(b) and 603 of the
California Corporations Code adopt the following resolutions:
RESOLVED, that all transactions by and between Matthew C. Hicks, Harold R.
Hartwick and Hicks & Hartwick, Inc., are ratified, authorized and approved, including without
limitation the Purchase Agreement ("Agreement") executed by the parties, and all acts in
furtherance thereof, attached hereto and made a part hereof as Exhibit "A," all of which are
ratified, authorized and approved.
RESOLVED FURTHER, that as of the Closing Date of the Agreement, Harold R.
Hartwick, resigns from all officer and director positions held in the corporation, however, he will
continue as an At -Will employee of the corporation.
RESOLVED FURTHER, that the following person is appointed, to serve at the
pleasure of the board, to the offices set forth, which appointments are accepted:
Name Office
Matthew C. Hicks President/Secretary/Chief Financial
Officer/Treasurer/Director
RESOLVED FURTHER, that as of the Closing Date of the Agreement, the
officers and directors are authorized to cancel share certificate No. 3 for 150 of the 450 issued
and outstanding shares stock of the corporation and reissue the shares to Matthew C. Hicks.
Dated to be effective as of September _', 2017.
[SIGNATURES ON NEXT PAGEI
HICKS & HARTWICK, INC.,
Consent of Directors and Shareholders
a , Harold R. Hartwic
Ma ow C. Hicks
Hicks:ContTact:ConsentHicks&Hnriwick20170905.docx
HICKS & HARTWICK, INC.,
Consent of Directors and Shareholders
Item No. 7
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: April 11, 2023
SUBJECT: Approve Freeway Maintenance Agreement with State of California, Department of
Transportation (Caltrans)
PREPARED BY: Amer Attar, Engineering Manager
Avlin R. Odviar, Principal Civil Engineer
RECOMMENDATION: That the City Council approve the Freeway Maintenance Agreement
with the State of California, acting by and through the Department of Transportation (Caltrans).
BACKGROUND: On July 31, 1990, the City entered into a Freeway Maintenance
Agreement with Caltrans which established a division of maintenance responsibilities between the
City and Caltrans wherever local facilities overlap the State's right-of-way at Interstate 15. This
original agreement included two locations: Santiago Road Overcrossing and Rancho California
Road Overcrossing.
Since that time, both the freeway and local transportation systems have seen many changes.
Portions of State Route 79N/S were relinquished from Caltrans to the City, a new overcrossing
was constructed over I-15 at Overland Drive, and a new overcrossing is planned at French Valley
Parkway along with collector/distributor systems on I-15 between Winchester Road and I-215.
These changes, along with current Caltrans policies, necessitate that the agreement be updated.
Caltrans' practice is to supersede these older agreements with their current format.
The attached Freeway Maintenance Agreement was developed by Caltrans and finalized through
negotiations between Caltrans and City staff. The terms of the agreement are comparable to those
practiced throughout the State.
FISCAL IMPACT: There is no immediate fiscal impact associated with the approval of
the agreement. Any additional costs to perform this work will be addressed each year as part of
the Annual Operating Budget update.
ATTACHMENTS: Agreement
08-RIV-15-PM 3.5-7.2
FREEWAY MAINTENANCE AGREEMENT
WITH
CITY OF TEMECULA
THIS AGREEMENT is made effective this day of , 20_, by and
between the State of California, acting by and through the Department of
Transportation, hereinafter referred to as "STATE" and the CITY of Temecula;
hereinafter referred to as "CITY" and collectively referred to as "PARTIES."
SECTION I
RECITALS
1. On July 13, 2010 a Freeway Agreement was executed between CITY and STATE,
wherein the PARTIES consented to certain adjustments of the local street and road
system required for the development of that portion of STATE Interstatel5 (1-15),
declared a freeway, within the jurisdictional limits of the CITY.
2. Recent adjustments to said freeway have now been completed, or are nearing
completion, and the PARTIES hereto mutually desire to identify the maintenance
responsibilities of the CITY for areas lying within those modified freeway limits
hereinafter referred to as "PROJECT."
3. There is an existing Freeway Maintenance Agreement(s), with CITY dated July31,
1990. This Agreement is meant to replace or supersede the earlier agreement.
NOW THEREFORE IT IS AGREED:
SECTION II
AGREEMENT
1. PARTIES agree this Agreement shall supersede in its entirety the said Freeway
Maintenance Agreement executed by PARTIES on July 31, 1990.
2. Pursuant to Section 6 of the July 13, 2010 Freeway Agreement, CITY has resumed
or will resume control and maintenance over each of the relocated or
reconstructed CITY roads, frontage roads, and other STATE constructed local
roads, except for any portion which is adopted by STATE as a part of the freeway
proper.
3. The degree or extent of maintenance work to be performed, and the standards
therefore, shall be in accordance with the provisions of Section 27 of the Streets
and Highways Code and the then current edition of the State Maintenance
Manual.
I
08-RIV-15-PM 3.5-7.2
4. CITY agrees to continue their control and maintenance of each of the affected
relocated or reconstructed CITY streets and roads as shown on that attached
hereto, Exhibit A and made a part hereof by this reference.
5. When another planned future improvement has been constructed and/or a
minor revision has been affected within the limits of the freeway herein described
which will affect the PARTIES' maintenance responsibility as described herein, and
there is mutual agreement on a change in the maintenance responsibilities
between PARTIES, the PARTIES can revise the Exhibit A by a mutual written
execution of each of the exhibits.
6. CITY must obtain the necessary Encroachment Permits from STATE's District 08
Encroachment Permit Office prior to entering STATE right of way to perform CITY
maintenance responsibilities. This permit will be issued at no cost to CITY.
7. VEHICULAR OVERCROSSINGS
7.1. CITY will maintain, at CITY expense, the deck wearing surface and structural
drainage system (and shall perform such work as may be necessary to ensure
an impervious and/or otherwise suitable surface) and all portions of the
structure above the bridge deck, including, but without limitation, lighting
installations, as well as all traffic service facilities (sidewalks, signs, pavement
markings, bridge rails, etc.) that may be required for the benefit or control of
traffic using that overcrossing.
7.2. As directed by section 92.6 of the Streets and Highways Code, at locations
determined by STATE, screening shall be placed on STATE freeway
overpasses on which pedestrians are allowed. All screens installed underthis
program will be maintained by STATE, at STATE expense.
8. PEDESTRIAN/BICYCLE OVERCROSSINGS (non -vehicular) constructed as a
permitted encroachment within STATE's right of way. CITY is solely responsible for,
but not limited to, the structural adequacy, lighting, fencing, guard railing,
drainage facilities, graffiti removal, sweeping and debris removal, signing, and
striping, slope paving and delineation. CITY will maintain, at CITY expense, a safe
facility for pedestrian and bicycle use along the entire length of the structure and
the public use of the STATE highway beneath, by providing structure inspection,
and structure maintenance.
9. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
9.1. CITY will maintain the CITY paved roadway sections, including the traveled
way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti),
2
08-RIV-15-PM 3.5-7.2
drainage installations, lighting installations and traffic service facilities that
may be required for the benefit or control of traffic using that undercrossing.
9.2. CITY will request STATE's District Encroachment Permit Engineer to issue the
necessary Encroachment Permit for any proposed change in minimum
vertical clearances between CITY roadway surface and the structure that
results from modifications to the roadway (except when said modifications
are made by STATE). If the planned modifications will result in a reduction in
the minimum clearance within the traveled way, an estimate of the
clearance reduction must be provided to STATE's Transportation Permit
Engineer prior to starting work. Upon completion of that work, a vertical
clearance diagram will be furnished to STATE's Transportation Permit Engineer
that shows revised minimum clearances for all affected movements of traffic,
both at the edges of the traveled way and at points of minimum clearance
within the traveled way.
10. WALLS, SOUNDWALLS, AND COLUMNS - CITY is responsible for debris removal,
cleaning, and painting to keep CITY's/CITY's side of any wall structure or column
free of debris, dirt, and graffiti.
11. LANDSCAPED AREAS CITY is responsible for the maintenance of any plantings or
other types of roadside improvements of PROJECT lying outside of the fenced
area restricting walk-on access to the freeway.
12. INTERCHANGE OPERATION - It is STATE's responsibility to provide efficient operation
of freeway interchanges, including ramp connections to local streets and roads.
13. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES
13.1. The cost of installation, operation, maintenance, repairs, replacement and
energy costs of safety lighting, traffic signals or other necessary electrically
operated traffic control devices placed at interchanges of 1-15 Freeway and
at ramp connections to CITY streets and roads of 1-15 shall be shared by the
PARTIES as directed in the Shared Cost Electrical Cost Agreement amended
August 1, 1999.
13.2. Timing of traffic signals, which shall be coordinated with CITY to the
extent that no conflict is created with freeway operations, shall be the sole
responsibility of STATE.
14. BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted
encroachments within STATE's right of way, CITY is solely responsible for all
permitted improvements, including but not limited to the delineation, fencing,
3
08-RIV-15-PM 3.5-7.2
guard railing, drainage facilities, slope and structural adequacy. CITY will
maintain, at CITY expense, a safe facility for bicycle travel along the entire length
of the path/lane/cycle track by providing sweeping and debris removal when
necessary; and all signing and striping, and pavement markings required for the
direction and operation of that non -motorized facility.
15. LEGAL RELATIONS AND RESPONSIBILITIES
15.1. Nothing within the provisions of this Agreement is intended to create
duties or obligations to or rights in third parties not PARTIES to this Agreement
or to affect the legal liability of a PARTY to the Agreement by imposing any
standard of care with respect to the operation and maintenance of STATE
highways and local facilities different from the standard of care imposed by
law.
15.2. Neither CITY nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or omitted to
be done by STATE, under or in connection with any work, authority or
jurisdiction conferred upon STATE arising under this Agreement. It is understood
and agreed that STATE shall fully defend, indemnify and save harmless CITY
and their officers and employees from all claims, suits or actions of every name,
kind and description brought forth under, including, but not limited to,
tortuous, contractual, inverse condemnation and other theories or assertions
of liability occurring by reason of anything done or omitted to be done by
STATE under this Agreement.
15.3. Neither STATE nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or omitted to
be done by CITY under or in connection with any work, authority orjurisdiction
conferred upon CITY and arising under this Agreement. It is understood and
agreed that CITY shall fully defend, indemnify and save harmless STATE and all
of its officers and employees from all claims, suits or actions of every name,
kind and description brought forth under, including, but not limited to,
tortuous, contractual, inverse condemnation or other theories or assertions of
liability occurring by reason of anything done or omitted to be done by CITY
under this Agreement.
16. PREVAILING WAGES:
16.1. Labor Code Compliance- If the work performed under this Agreement
is done under contract and falls within the Labor Code section 1720(a) (1)
definition of a "public works" in that it is construction, alteration, demolition,
installation, or repair; or maintenance work under Labor Code section 1771.
CITY must conform to the provisions of Labor Code sections 1720 through 1815,
4
08-RIV-15-PM 3.5-7.2
and all applicable provisions of California Code of Regulations found in Title
8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing
wage requirements in its contracts for public works. Work performed by CITY's
own forces is exempt from the Labor Code's Prevailing Wage requirements.
16.2. Requirements in Subcontracts - CITY shall require its contractors to
include prevailing wage requirements in all subcontracts when the work to be
performed by the subcontractor under this Agreement is a "public works" as
defined in Labor Code Section 1720(a) (1) and Labor Code Section 1771.
Subcontracts shall include all prevailing wage requirements set forth in CITY's
contracts.
17.INSURANCE
17.1. SELF -INSURED- CITY is self -insured. CITY agrees to deliver evidence of self -
insured coverage providing general liability insurance, coverage of bodily
injury liability and property damage liability, naming STATE, its officers, agents
and employees as the additional insured in an amount of $1 million per
occurrence and $2 million in aggregate and $5 million in excess. Coverage
shall be evidenced by a certification of self-insurance letter ("Letter of Self -
Insurance"), satisfactory to STATE, certifying that CITY meets the coverage
requirements of this section. This Letter of Self -Insurance shall also identify the
PROJECT location as depicted in EXHIBIT A. CITY shall deliver to STATE the
Letter of Self -Insurance with a signed copy of this AGREEMENT. A copy of the
executed Letter of Self -Insurance shall be attached hereto and incorporate
as Exhibit B.
17.2. SELF -INSURED using Contractor- If the work performed under this AGREEMENT
is done by CITY's contractor(s), CITY shall require its contractor(s) to maintain
in force, during the term of this AGREEMENT, a policy of general liability
insurance, including coverage of bodily injury liability and propertydamage
liability, naming STATE, its officers, agents and employees as the additional
insured in an amount of $1 million per occurrence and $2 million in aggregate
and $5 million in excess. Coverage shall be evidenced by a certificate of
insurance in a form satisfactory to the STATE that shall be delivered to the
STATE with a signed copy of this Agreement.
18.TERMINATION - This Agreement may be terminated by timely mutual written
consent by PARTIES, and CITY's failure to comply with the provisions of this
Agreement may be grounds for a Notice of Termination by STATE.
19.TERM OF AGREEMENT - This Agreement shall become effective on the date first
shown on its face sheet and shall remain in full force and effect until amended or
5
08-RIV-15-PM 3.5-7.2
terminated at any time upon mutual consent of the PARTIES or until terminated by
STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter
into this Agreement and have delegated to the undersigned the authority to execute
this Agreement on behalf of the respective agencies and covenants to have
followed all the necessary legal requirements to validly execute this Agreement.
0
08-RIV-15-PM 3.5-7.2
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and
year first above written.
THE CITY OF TEMECULA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By:
Zak Schwank
Mayor
ATTEST:
By:
IN
By:
Randi Johl Jim A. Rogers
City Clerk Deputy District Director
Maintenance District 08
Peter Thorson
City Attorney
7
EXHIBIT A
(Plan map identifying the applicable STATE Routes (Freeway proper) and
CITY roads) and facilities)
DIST COUNTY
ROUTE POST SHEET TOTAL
MILE No. SHEETS
08 RIV
15 3.5 / 7.2 1 6
LOCATION 1 SHEET 2
LOCATION 2 SHEET 3
LOCATION 3 SHEET 4J,\
TEMECULA PKWY / SR-79
SANTIAGO RD
RANCHO CALIFORNIA RD
PM 3.5
OC
OC
PM 4.1
PM 5.0
I
Iw
z
J
S
U
Q
TO SAN DIEGO
TEMECULA
TO MURR�ETA
wl
TEMECULA
zl
J
2
U
Q
RIV 15
I
LOCATION 4 SHEET 5
LOCATION 5 SHEET 6
OVERLAND DR
WINCHESTER RD
OC
OC
PM 6.2
PM 6.6
EXHIBIT "A"
NO SCALE
LEGEND
LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W
® LIMITS TO BE MAINTAINED BY CITY OF TEMECULA
STATE R/W
LOCATION 1: TEMECULA PKWY / SR-79
EXHIBIT "A"
NO SCALE
LEGEND
LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W
® LIMITS TO BE MAINTAINED BY CITY OF TEMECULA
STATE R/W
LOCATION 2: SANTIAGO RD OC
EXHIBIT "A"
NO SCALE
LEGEND
LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W
LIMITS TO BE MAINTAINED BY CITY OF TEMECULA
STATE R/W
LOCATION 3: RANCHO CALIFORNIA RD OC
EXHIBIT "A"
NO SCALE
s7Na,24i.;
LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W
® LIMITS TO BE MAINTAINED BY CITY OF TEMECULA
�i STATE R/W
LOCATION 4: OVERLAND DR OC
EXHIBIT "A"
NO SCALE
LEGEND
LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W
® LIMITS TO BE MAINTAINED BY CITY OF TEMECULA
STATE R/W
LOCATION 5: WINCHESTER RD OC
EXHIBIT "A"
NO SCALE
Item No. 8
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: April 11, 2023
SUBJECT: Approve the Agreement for Consultant Services with Falcon Engineering Services,
Inc. for the I-15 / French Valley Parkway Improvements — Phase II, PW16-01
PREPARED BY: Amer Attar, Engineering Manager
Avlin R. Odviar, Principal Civil Engineer
RECOMMENDATION: That the City Council approve the agreement with Falcon
Engineering Services, Inc., in an amount not to exceed $8,880,275.70, to provide professional
construction management services for the I-15 / French Valley Parkway Improvements — Phase II,
PW16-01.
BACKGROUND: In conjunction with the California Department of Transportation
(Caltrans), the City has designed and developed plans and specifications for the I-15 / French
Valley Parkway Improvements project (Project). The Project improvements include construction
of a two-lane northbound collector/distributor (C/D) system along I-15 from Winchester Road/I-
15 interchange northbound on -ramps to just north of the I-15/I-215 Junction with connectors to I-
15 and I-215. These improvements will alleviate congestion on the northbound I-15, especially
during the evening rush hours.
The improvements will be constructed within Caltrans jurisdiction. As such, the design and
construction of the Project must be executed in accordance with Caltrans requirements. In letter
dated April 13, 2020, Caltrans delegated authority to the City to perform the Advertisement,
Award, and Administration (AAA) of the construction contract. The subject agreement enlists
Falcon Engineering Services, Inc., and its sub -consultants, to perform construction management
and engineering services in support of the administration of the construction contract, in
accordance with Caltrans and City requirements.
On August 3, 2022, the City issued a Request for Proposals (RFP No. 270) inviting qualified
consulting firms to submit a proposal to provide construction management services for the Project.
The RFP specified a project -specific goal of 19% Disadvantaged Business Enterprise (DBE)
usage. By filing deadline of September 1, 2022, four (4) proposals were received.
A Selection Panel comprised of representatives from the City and Caltrans reviewed the proposals,
discussed findings, conducted an interview of the top two qualified firms, and ranked the
prospective proponents as follows.
1. Falcon Engineering Services, Inc.
2. Southstar Engineering & Consulting, Inc.
3. Arcadis
4. Anser Advisory
Falcon Engineering Services, Inc. is a multi -disciplinary firm with extensive experience in
providing construction management services on freeway projects of comparable size and
complexity, including the City's I-15/SR-79 South Interchange (Temecula Parkway Interchange)
project. Its team includes DBE and non -DBE sub -consultants, and meets the project -specific goal
of 19%.
Following the selection process, staff entered negotiations with Falcon Engineering Services, Inc.
and finalized the terms of the attached Agreement. The scope of work includes professional
administration services necessary during pre -construction, construction, and post -construction
phases. These services include, but are not limited to, project management, preconstruction
coordination, environmental compliance, schedule monitoring, public affairs, contract change
order management, inspection, request for information (RFI) management, tracking quantities,
invoicing, certified payroll and labor compliance, materials testing, quality assurance program,
surveying, document control, and project closeout. Performance of these services will span
approximately two years.
FISCAL IMPACT: The I-15 / French Valley Parkway Improvements — Phase II project
is included in the City's Capital Improvement Program Fiscal Years 2023-27. The sources of
funds include INFRA Grant, SAFETEA-LU, Surface Transportation Improvement Program
(STIP), TUMF (WRCOG), TUMF (CETAP/RCTC), and Measure S. There are sufficient funds
in the project account to cover the agreement amount of $8,880,275.70.
ATTACHMENTS: 1. Agreement
2. Project CIP Budget Sheet
AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND
FALCON ENGINEERING SERVICES, INC.
PW16-01 1-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II
ARTICLE I INTRODUCTION......................................................................................................................................................... 2
ARTICLE II CONSULTANT'S REPORTS OR MEETINGS...........................................................................................................
3
ARTICLE III STATEMENT OF WORK...........................................................................................................................................
3
ARTICLE IV PERFORMANCE PERIOD........................................................................................................................................3
ARTICLE V ALLOWABLE COSTS AND PAYMENTS..................................................................................................................
3
ARTICLE VI TERMINATION.........................................................................................................................................................
5
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS...........................................................................
5
ARTICLE VIII RETENTION OF RECORD/AUDITS.......................................................................................................................
5
ARTICLE IX AUDIT REVIEW PROCEDURES..............................................................................................................................
6
ARTICLE X SUBCONTRACTING.................................................................................................................................................
7
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES.....................................................................
8
ARTICLE XII STATE PREVAILING WAGE RATES......................................................................................................................9
ARTICLE XIII CONFLICT OF INTEREST....................................................................................................................................
12
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION.............................................................12
ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING..................................13
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE.........................................................13
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION........................................................................................14
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION........................................................15
ARTICLE XIX INSURANCE.........................................................................................................................................................19
ARTICLE XX FUNDING REQUIREMENTS.................................................................................................................................20
ARTICLE XXI CHANGE IN TERMS............................................................................................................................................
21
ARTICLE XXII CONTINGENT FEE.............................................................................................................................................
21
ARTICLE XXIII DISPUTES..........................................................................................................................................................21
ARTICLE XXIV INSPECTION OF WORK...................................................................................................................................
21
ARTICLE XXV SAFETY..............................................................................................................................................................
21
ARTICLE XXVI OWNERSHIP OF DATA.....................................................................................................................................
22
ARTICLE XXVII CLAIMS FILED BY CITY's CONSTRUCTION CONTRACTOR.......................................................................
22
ARTICLE XXVIII CONFIDENTIALITY OF DATA........................................................................................................................
23
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION...........................................................................23
ARTICLE XXX EVALUATION OF CONSULTANT......................................................................................................................23
ARTICLE XXXI PROMPT PAYMENT FROM THE CITY TO CONSULTANT.............................................................................
23
ARTICLE XXXII TITLE VI ASSURANCES..................................................................................................................................
24
ARTICLE XXXIII NOTIFICATION................................................................................................................................................
28
ARTICLE XXXIV CONTRACT.....................................................................................................................................................28
ARTICLE XXXV SIGNATURES...................................................................................................................................................28
ATTACHMENT NO. 01 — COST PROPOSAL.............................................................................................................................29
ATTACHMENT NO. 02 — SCOPE OF SERVICES......................................................................................................................
30
ATTACHMENT NO. 03 — CONSULTANT CONTRACT DBE COMMITMENT............................................................................
31
Page 1 of 31
ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and
the following named, hereinafter referred to as, CITY:
The name of the "CONSULTANT" is as follows:
FALCON Engineering Services, Inc.
a California "S" Corporation
Incorporated in the State of California
The Project Manager for the CONSULTANT will be Ashraf Mohamed, PE
The name of the "CITY" is as follows:
City of Temecula
a municipal corporation
The Contract Administrator for CITY will be Avlin R. Odviar, PE, Principal Civil Engineer
B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and
the approved CONSULTANT's Cost Proposal dated 03/16/2023. The approved CONSULTANT's
Cost Proposal is attached hereto as Attachment No. 01 — Cost Proposal and incorporated by
reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this
AGREEMENT shall take precedence.
C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold
harmless CITY, its officers, officials, agents, employees and volunteers from and against any and
all claims, damages, demands, liability, costs, losses and expenses, including without limitation,
court costs and reasonable attorneys' and expert witness fees, arising out of any failure to comply
with applicable law, any injury to or death of any person(s), damage to property, loss of use of
property, economic loss or otherwise arising out of the performance of the work described herein,
to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or
willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT,
except such loss or damage which was caused by the sole negligence, or willful misconduct of CITY,
as determined by a Court of competent jurisdiction. The provisions of this section shall survive
termination or suspension of this AGREEMENT.
D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is
understood and agreed that CONSULTANT (including CONSULTANT's employees) is an
independent contractor and that no relationship of employer -employee exists between the Parties
hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to
employees of City.
E. CITY is not required to make any deductions or withholdings from the compensation payable to
CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms
for income and employment tax purposes for any of CONSULTANT's assigned personnel.
CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or
direction of the CITY as to the designation of tasks to be performed and the results to be
accomplished.
F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the
direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds
CITY harmless from any and all claims that may be made against City based upon any contention
by any third party that an employer -employee relationship exists by reason of this AGREEMENT.
Page 2 of 31
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are
not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior
written approval of the CITY. However, claims for money due or which become due to
CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a
trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary
or involuntary shall be furnished promptly to the CITY.
H. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of its
contractors and subcontractors or subconsultants, and of persons either directly or indirectly
employed by them, in the same manner as persons directly employed byCONSULTANT.
No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing
and signed by the parties authorized to bind the parties; and no oral understanding or agreement
not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all
of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem,
unless otherwise expressly so provided.
ARTICLE II CONSULTANT'S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently
detailed for the CITY's Contract Administrator to determine, if CONSULTANT is performing to
expectations, or is on schedule; to provide communication of interim findings, and to sufficiently
address any difficulties or special problems encountered, so remedies can be developed.
ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Construction Management, Resident Engineer, Structures Representative, Inspection, Survey,
Materials Sampling & Inspection, Source Inspection, Environmental Compliance, and Community
Outreach from pre -construction to project closeout, as detailed in Attachment No. 02 — Scope of
Services attached hereto and incorporated by reference.
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on April 11, 2023, contingent upon approval by CITY, and
CONSULTANT shall commence work after notification to proceed by CITY'S Contract Administrator.
The AGREEMENT shall end on June 30, 2025, unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY
until the AGREEMENT is fully executed and approved by CITY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. CITY
will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel,
equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance
of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage
rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in
the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by
AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a
rate that exceeds CITY's approved overhead rate set forth in the Cost Proposal. In the event, that
CITY determines that a change to the work from that specified in the Cost Proposal and
AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be
Page 3 of 31
adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost
as specified in Paragraph "I" of this Article shall not be exceeded, unless authorized by
AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this
specific AGREEMENT. CONSULTANT's agreement to the extension of the 1-year applicable period
shall not be a condition or qualification to be considered for the work or AGREEMENT award.
C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed feeof Four Hundred
Fifty Thousand Six Hundred Eighty -Nine Dollars and Sixty -Three Cents ($450,689.63). The
fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant
change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the
approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall
obtain prior written approval for a revised milestone cost estimate from the Contract Administrator
before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable
incurred costs. A pro rata portion of CONSULTANT's fixed fee will be included in the monthly
progress payments. If CONSULTANT fails to submit the required deliverable items according to the
schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or
terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval
of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by
CITY's Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later
than thirty (30) calendar days after the performance of work for which CONSULTANT is billing.
Invoices shall detail the work performed on each milestone and each project as applicable. Invoices
shall follow the format stipulated for the approved Cost Proposal and shall reference this
AGREEMENT number and project title. Final invoice must contain the final cost and all credits due
CITY including any equipment purchased under the provisions of Article XI Equipment Purchase.
The final invoice should be submitted within sixty (60) calendar days after completion of
CONSULTANT's work. Invoices shall be mailed to CITY's Contract Administrator at the following
address:
AVLIN R. ODVIAR, PE, PRINCIPAL CIVIL ENGINEER
CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
I. The total amount payable by CITY including the fixed fee shall not exceed Eight Million Eight
Hundred Eighty Thousand Two Hundred Seventy -Five Dollars and Seventy Cents
($8,880,275.70).
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary
increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
Page 4 of 31
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by CITY, provided that CITY gives not less than thirty (30)
calendar days' written notice (delivered by certified mail, return receipt requested) of intent to
terminate. Upon termination, CITY shall be entitled to all work, including but not limited to, reports,
investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to
that date, whether completed or not.
B. CITY may temporarily suspend this AGREEMENT, at no additional cost to CITY, provided that
CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of
temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall
immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued
concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability
to CITY for damages sustained by City by virtue of any breach of this AGREEMENT by
CONSULTANT, and City may withhold any payments due to CONSULTANTuntil such time as the
exact amount of damages, if any, due City from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this
AGREEMENT. Upon termination, CITY shall be entitled to all work, including but not limited to,
reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates
performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used
to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for FederalAwards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by
subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the
CONSULTANT to CITY.
D. When a CONSULTANT or Subconsultant is a Non -Profit Organization or an Institution of Higher
Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT,
Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent
CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the
AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties,
including the CONSULTANT's Independent CPA, shall make such workpapers and materials available
at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years
from the date of final payment under the AGREEMENT and records for real property and equipment
acquired with federal funds must be retained for three (3) years after final disposition. CITY, Caltrans
Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction
under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have
access to any books, records, and documents of the CONSULTANT, Subconsultants, and the
CONSULTANT's Independent CPA, that are pertinent to the AGREEMENT for audits, examinations,
workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without
Page 5 of 31
limitation.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT
that is not disposed of by AGREEMENT, shall be reviewed by CITY'S Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may
request a review by CITY'S Chief Financial Officer of unresolved audit issues. The request for review
will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full
and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates
(ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an
incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or
review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be
reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the
instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to ensure
federal, CITY, or local government officials are allowed full access to the CPA's work papers
including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted
by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review
recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report
shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole
discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure
that the federal, CITY or local governments have access to CPA work papers, will be considered a
breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of
prior reimbursed costs.
E. CONSULTANT's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit
by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review
and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the
CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper
Review recommendations included in the management letter or audit recommendations included in
the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review
recommendations included in the management letter or audit recommendations included in the audit
report will be considered a breach of the AGREEMENT terms and cause for termination of the
AGREEMENT and disallowance of prior reimbursed costs.
During IOAI's review of the ICR audit work papers created by the CONSULTANT's independent
CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise
during the review. Each party agrees to use its best efforts to resolve any audit disputes in a
timely manner. If IOAI identifies significant issues during the review and is unable to issue a
cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a
FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally
Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance
with procedures and guidelines of the American Association of State Highways and
Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and
guidelines}is received and approved by IOAI.
Page 6 of 31
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate
reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent
(200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be
seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require
CONSULTANT to submit a revised independent CPA -audited ICR and audit report withinthree
(3) months of the effective date of the management letter. IOAI will then have up to six (6) months
to review the CONSULTANT's and/or the independent CPA's revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still
unable to issue a cognizant approval letter after the revised independent CPA audited ICR is
submitted, overhead cost reimbursement will be limited to the accepted ICR that was established
upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services.
In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes
under this AGREEMENT.
4. CONSULTANT may submit to CITY final invoice only when all of the following items have
occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR;
(2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3)
IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL
INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these
items. The accepted ICR will apply to this AGREEMENT and all other agreements executed
between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal
period ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between
the CITY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its
responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to
the CITY for the acts and omissions of its Subconsultants and of persons either directly or indirectly
employed by any of them as it is for the acts and omissions of persons directly employed by the
CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent
obligation from the CITY's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own
organization and no portion of the work shall be subcontracted without written authorization by the
CITY Contract Administrator, except that which is expressly identified in the CONSULTANT's
approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions
stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within fifteen (15) calendar days from receipt of each
payment made to the CONSULTANT by the CITY.
Page 7 of 31
E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator
in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after
receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts
allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of
each subconsultant's interest therein. In the event that there is a good faith dispute over all or any
portion of the amount due on a progress payment from CONSULTANT or subconsultant to a
subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the
disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action
and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount
due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to
his or her attorney's fees and costs. The sanctions authorized under this requirement shall be
separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This
clause applies to both DBE and non -DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
No retainage will be held by the CITY from progress payments due to CONSULTANT. Any retainage
kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within
15 days after the subconsultant's work is satisfactorily completed. Any delay or postponement of
payment may take place only for good cause and with the CITY's prior written approval. Any violation
of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties,
sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement
shall not be construed to limit or impair any contractual, administrative or judicial remedies,
otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late
payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or
noncompliance by a subconsultant. This clause applies to both DBE and non -DBE subconsultants.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES
A. Prior authorization in writing by CITY's Contract Administrator shall be required before
CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand
dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide
an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT's approved
Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY's
Contract Administrator, three competitive quotations must be submitted with the request, or the
absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to
the following:
CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable
property is defined as having a useful life of at least two years and an acquisition cost of five
thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold
or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT,
or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit
CITY in an amount equal to its fair market value, or sell such equipment at the best price
obtainable at a public or private sale, in accordance with established CITY procedures; and
Page 8 of 31
credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the
equipment, fair market value shall be determined at CONSULTANT's expense, on the basis of
a competent independent appraisal of such equipment. Appraisals shall be obtained from an
appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the
equipment, the terms and conditions of such sale must be approved in advance by CITY.
2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a
fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work
elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code
§1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT,
including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code
requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations
applicable to work under this AGREEMENT are available and on file with the Department of
Transportation's Regional/District Labor Compliance Officer
(https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific
part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to
work performed at a construction project site. Prevailing wages will be applicable to all inspection
work performed at CITY construction sites, at CITY facilities and at off -site locations that are set up
by the construction contractor or one of its subcontractors solely and specifically to serve CITY
projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of
vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from
the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and
supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000
showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by the CONSULTANT or
Subconsultant in connection with the public work. Each payroll record shall contain or be verified
by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815
for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the
CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall
be made available for inspection and copying by CITY representatives at all reasonable hours
at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified
payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or
furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made
Page 9 of 31
available for inspection or furnished upon request to a representative of CITY, the Division
of Labor Standards Enforcement and the Division of Apprenticeship Standards of the
Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor
Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or
obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The
CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract
Administrator by both email and regular mail on the business day following receipt of the
request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1)
above, to the entity that requested the records within ten (10) calendar days after receipt of a
written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the
public or any public agency by CITY shall be marked or obliterated in such a manner as to
prevent disclosure of each individual's name, address, and social security number. The name
and address of the CONSULTANT or Subconsultant performing the work shall not be marked
or obliterated.
5. The CONSULTANT shall inform CITY of the location of the records enumerated under
paragraph (1) above, including the street address, city and county, and shall, withinfive
(5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply
subsequent to receipt of written notice requesting the records enumerated in paragraph (1)
above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day
period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar
day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties
shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty
assessment pursuant to this section due to the failure of a Subconsultant to comply with this
section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with
certified payroll requirements. Invoice payment will not be made until the invoice is approved by the
CITY Contract Administrator.
F. Penalty
The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and
§1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit
to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or
portion thereof, for each worker paid less than the prevailing rates as determined by the Director
of DIR for the work or craft in which the worker is employed for any public work done under the
AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of
the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based
on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in
failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT
or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by
the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake,
inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if
the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code.
Page 10 of 31
The CONSULTANT is responsible for paying the appropriate rate, including any escalations that
take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the
prevailing wage rates and the amount paid to each worker for each calendar day or portion
thereof for which each worker was paid less than the prevailing wage rate shall be paid to each
worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general
prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not
liable for the penalties described above unless the prime CONSULTANT had knowledge ofthat
failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or
unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the
performance of work on public works projects shall include a copy of the requirements in
Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per
diem wages by the Subconsultant to the employees by periodic review of the certified payroll
records of the Subconsultant.
c. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of
wages to the Subconsultant's workers, the CONSULTANT shall diligently take corrective
action to halt or rectify the failure, including but not limited to, retaining sufficient funds due
the Subconsultant for work performed on the public works project.
d. Prior to making final payment to the Subconsultant for work performed on the public works
project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the
Subconsultant that the Subconsultant had paid the specified general prevailing rate of per
diem wages to the Subconsultant's employees on the public works project and any amounts
due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project
within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay
workers the general prevailing rate of per diem wages.
6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate
of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay
those employees the balance of wages owed under the general prevailing rate of per diem
wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient
to pay those employees the general prevailing rate of per diem wages if requested by CITY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to
the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT
by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker
is required or permitted to work more than eight (8) hours in any one calendar day and forty (40)
hours in any one calendar week in violation of the provisions of the Labor Code, and in particular
§§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8)
hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for
all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less
than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars
($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all
Page 11 of 31
applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of
apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements
regarding the employment of apprentices, including mandatory ratios of journey level to
apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are
advised to contact the DIR Division of Apprenticeship Standards website at
https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices
and for the specific journey -to -apprentice ratios for the AGREEMENT work. The CONSULTANT
is responsible for all subconsultants' compliance with these requirements. Penalties are
specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or
other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or
any ensuing CITY construction project. The CONSULTANT shall also list current clients who may
have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction
project which will follow.
B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, orpotential conflicts of
interest that may exist relative to the services to be provided pursuant to this AGREEMENT.
CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that
may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further
agrees to complete any statements of economic interest if required by either CITY ordinance or
State law.
C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or
business interest that would conflict with the performance of services under thisAGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated
with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement
to provide construction inspection for any construction project resulting from this AGREEMENT, has
established necessary controls to ensure a conflict of interest does not exist.An affiliated firm is one,
which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates,
kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or
violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT
without liability, to pay only for the value of the work actually performed, or to deduct from this
AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful
consideration.
Page 12 of 31
ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR
LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of
the CONSULTANT, to any person for influencing or attempting to influence an officer or
employee of any local, State, or Federal agency, a Member of the State Legislature or United
States Congress, an officer or employee of the Legislature or Congress, or any employee of a
Member of the Legislature or Congress in connection with the awarding or making of this
AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this
AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not
more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the
language of this certification be included in all lower tier subagreements, which exceed one hundred
thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE
A. The CONSULTANT's signature affixed herein and dated shall constitute a certification under penalty
of perjury under the laws of the State of California that the CONSULTANT has, unless exempt,
complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny
the AGREEMENT's benefits to any person on the basis of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran
status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under(2
Page 13 of 31
CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or
standards adopted by CITY to implement such article. The applicable regulations of the Fair
Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR
§§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if
set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and
Housing and the CITY upon reasonable notice at any time during the normal business hours, but in
no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all
other sources of information and its facilities as said Department or CITY shall require to ascertain
compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause
to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in
accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides
that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in
which no person in the United States shall, on the basis of race, color, national origin, religion, sex,
age, disability, be excluded from participation in, denied the benefits of or subject to discrimination
under any program or activity by the recipients of federal assistance or their assignees and
successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally -assisted
programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil
Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly
in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection
and retention of Subconsultants.
CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in,
deny any person the benefits of, or otherwise discriminate against anyone in connection with the
award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or
national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT,
subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use
criteria or methods of administration that have the effect of defeating or substantially impairing
accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular
race, color, sex, or national origin.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT's signature affixed herein shall constitute a certification under penalty of perjury
under the laws of the State of California, that the CONSULTANT or any person associated therewith
in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility
by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal
agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
Page 14 of 31
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the pastthree
(3) years.
B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result
in denial of recommendation for award, but will be considered in determining responsibility.
Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the
dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained
by the U.S. General Services Administration are to be determined by FHWA.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps
to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal
participation of DBEs provided in 49 CFR 26.5, the CITY shows a contract goal for DBEs.
CONSULTANT shall make work available to DBEs and select work parts consistent with available
DBE subconsultants and suppliers.
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or
demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT's
responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using
the California Unified Certification Program (CUCP) database and possesses the most specific
available North American Industry Classification System (NAICS) codes or work code applicable to
the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible
to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs
certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.
All DBE participation will count toward the California Department of Transportation's federally
mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases
from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of
materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular
dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR 26 entitled "Participation by Disadvantaged Business
Enterprises in Department of Transportation Financial Assistance Programs". CONSULTANTs who
enter into a federally -funded agreement will assist the CITY achieve California's statewide overall
DBE goal.
B. The goal for DBE participation for this AGREEMENT is 19% . Participation by DBE CONSULTANT
or subconsultants shall be in accordance with information contained in Attachment No. 03
Consultant Contract DBE Commitment attached hereto and incorporated as part of the
AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith
effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
Page 15 of 31
C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs
to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the
AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it
took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and
appropriateness to the objective, could reasonably be expected to meet the DBE goal. If
CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information —
Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding
evaluation of good faith efforts to meet the DBE goal.
D. Contract Assurance Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable
requirements of 49 CFR 26 in the award and administration of federal -aid contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non -responsible
E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for
which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY's written consent.
CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work
with their own forces or obtain materials from other sources without authorization from the CITY.
Unless the CITY's consent is provided, the CONSULTANT shall not be entitled to any payment for
work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant
Contract DBE Commitment form, included in the Bid.
The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows
any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications
for the project.
2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed
DBE fails to meet the CITY's bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under
Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or
refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a
result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
Page 16 of 31
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on
the Contract.
11. The CITY determines other documented good cause.
CONSULTANT shall notify the original DBE of the intent to use other forces or material sources
and provide the reasons and provide the DBE with 5 days to respond to the notice and advise
CONSULTANT and the CITY of the reasons why the use of other forces or sources of materials
should not occur.
CONSULTANT's request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from CONSULTANT to the DBE regarding the request.
3. Notices from the DBEs to CONSULTANT regarding the request.
If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find
another DBE to substitute for the original DBE. The substitute DBE must perform at least the same
amount of work as the original DBE under the contract to the extent needed to meet or exceed the
DBE goal.
F. Commitment and Utilization
The CITY's DBE program must include a monitoring and enforcement mechanism to ensure that
DBE commitments reconcile to DBE utilization.
The CITY shall request CONSULTANT to:
1. Notify the CITY's contract administrator or designated representative of any changes to its
anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
Name and business address of each 1st -tier subconsultant
• Name and business address of each DBE subconsultant, DBE vendor, and DBE
trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly
Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their
own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of
the decertification date. If a business becomes a certified DBE before completing its work, the
business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit
the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged
Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form and submit the form to
the CITY within 30 days of contract acceptance.
Page 17 of 31
Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report — Utilization of
Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors and submit it to the CITY
within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted.
The CITY will release the withhold upon submission of the completed form.
In the CITY's reports of DBE participation to Caltrans, the CITY must display both commitments and
attainments.
G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially
useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement
basis. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT
and is carrying out its responsibilities by actually performing, managing, and supervising the work
involved. To perform a CUF, the DBE must also be responsible, with respect to materials and
supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering
the material and installing (where applicable), and paying for the material itself. To determine
whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices,
whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work
it is actually performing, and other relevant factors.
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction,
AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE
participation. In determining whether a DBE is such an extra participant, examine similar
transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost
of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work
of the AGREEMENT than would be expected on the basis of normal industry practice for the typeof
work involved, it will be presumed that it is not performing a CUF.
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts
entered into with certified DBEs. The records shall show the name and business address of each
DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The
records shall show the date of payment and the total dollar figure paid to all firms. DBE
CONSULTANT's shall also show the date of work performed by their own forces along with the
corresponding dollar value of the work.
K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified
subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant
becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify
CONSULTANT in writing with the date of certification. Any changes should be reported to CITY's
Contract Administrator within thirty (30) calendar days.
L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than
the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit
9-F: Disadvantaged Business Enterprise Running Tally of Payments to
business.support.unitCa)_dot.ca.gov with a copy to the Agency.
M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of
this section.
Page 18 of 31
ARTICLE XIX INSURANCE
A. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property, which may arise from or in connection with the
performance of the work hereunder by the CONSULTANT, its agents, representatives, or
employees.
B. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile
Liability, code 1 (any auto). If the CONSULTANT owns no automobiles, a non -owned auto
endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of California and Employer's
Liability Insurance. If the CONSULTANT has no employees while performing under this
Agreement, worker's compensation insurance is not required, but CONSULTANT shall
execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form providing professional liability
for the CONSULTANT's profession.
C. Limits of Insurance. CONSULTANT shall maintain limits no less than:
1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: Two Million Dollars ($2,000,000) per accident for bodily injury and
property damage.
3) Worker's Compensation as required by the State of California; Employer's Liability: One
Million Dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate.
D. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not
exceed Twenty Five Thousand Dollars and No Cents ($25,000).
E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or
be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to
the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are
to be covered as insured's, as respects: liability arising out of activities performed by or on
behalf of the CONSULTANT; products and completed operations of the CONSULTANT;
premises owned, occupied or used by the CONSULTANT; or automobiles owned, leased,
hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations
on the scope of protection afforded to the City of Temecula, the Temecula Community
Services District, the Successor Agency to the Temecula Redevelopment Agency, their
officers, officials, employees or volunteers.
2) For any claims related to this project, the CONSULTANT's insurance coverage shall be
primary insurance as respects the City of Temecula, the Temecula Community Services
District, the Successor Agency to the Temecula Redevelopment Agency, their officers,
officials, employees and volunteers. Any insurance or self -insured maintained by the City of
Page 19 of 31
Temecula, Temecula Community Services District, and/or the Successor Agency to the
Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be
excess of the CONSULTANT's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of
warranties shall not affect coverage provided to the City of Temecula, the Temecula
Community Services District, and the Successor Agency to the Successor Agency to the
Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) The CONSULTANT's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state in substantial
conformance to the following: If the policy will be canceled before the expiration date the
insurer will notify in writing to the CITY of such cancellation not less than thirty (30) days' prior
to the cancellation effective date.
6) If insurance coverage is canceled or, reduced in coverage or in limits the CONSULTANT shall
within two (2) business days of notice from insurer phone, fax, and/or notify the CITY via
certified mail, return receipt requested of the changes to or cancellation of the policy.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of
A-:VII or better, unless otherwise acceptable to the CITY. Self insurance shall not be considered to
comply with these insurance requirements.
G. Verification of Coverage. CONSULTANT shall furnish the CITY with original endorsements effecting
coverage required by this clause. The endorsements are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the
CITY. All endorsements are to be received and approved by the CITY before work commences. As
an alternative to the CITY's forms, the CONSULTANT's insurer may provide complete, certified
copies of all required insurance policies, including endorsements affecting the coverage required by
these specifications.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before
ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties,
in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed
after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to CITY for
the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional
restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or
CITY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any
manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT maybe amended
to reflect any reduction in funds.
D. CITY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual
agreement to amend the AGREEMENT to reflect any reduction of funds.
Page 20 of 31
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT maybe amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is
executed and notification to proceed has been provided by CITY's Contract Administrator.
C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as
listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written
approval by CITY's Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been
employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for
a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide
established commercial or selling agencies maintained by CONSULTANT for the purpose of securing
business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without
liability; pay only for the value of the work actually performed, or in its discretion to deduct from the
AGREEMENT price or consideration, or otherwise recover the full amount of such commission,
percentage, brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in
good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five
(45) days of good -faith negotiations and as may be otherwise provided herein, then either party may
commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is
not disposed of by agreement shall be decided by a committee consisting of CITY's Contract
Administrator and CITY's Director of Public Works, who may consider written or verbal information
submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT,
CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes,
other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT
from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal
participating funds are used in this AGREEMENT; to review and inspect the project activities and files
at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding
necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions
issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear
hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are
Page 21 of 31
within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of
the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT
shall take all reasonably necessary precautions for safe operation of its vehicles and the protection
of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this
Article.
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL -OSHA) permit(s), as
outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method,
operation, or process related to the construction or excavation of trenches which are five (5) feet or
deeper.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall
become the property of CITY, and CONSULTANT shall have no property right therein whatsoever.
Immediately upon termination, CITY shall be entitled to, and CONSULTANT shall deliver to CITY,
reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates
performed to that date, whether completed or not, and other such materials as may have been
prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not
CONSULTANT's privileged information, as defined by law, or CONSULTANT's personnel
information, along with all other property belonging exclusively to CITY which is in CONSULTANT's
possession. Publication of the information derived from work performed or data obtained in
connection with services rendered under this AGREEMENT must be approved in writing by CITY.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each
considers the products and results of the services to be rendered by CONSULTANT hereunder to
be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights
therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive
property of CITY without restriction or limitation upon its use or dissemination by CITY.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the
work product is suitable in any way for any other project except the one detailed in this Contract.
Any reuse by CITY for another project or project location shall be at CITY's sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts
as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal -
aid contracts).
E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the
AGREEMENT shall provide that the FHWA shall have the royalty -free nonexclusive and irrevocable
right to reproduce, publish, or otherwise use; and to authorize others to use, the work for
government purposes.
ARTICLE XXVII CLAIMS FILED BY CITY's CONSTRUCTION CONTRACTOR
A. If claims are filed by CITY's construction contractor relating to work performed by CONSULTANT's
personnel, and additional information or assistance from CONSULTANT's personnel is required in
order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel
available for consultation with CITY'S construction contract administration and legal staff and for
testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT's personnel that CITY considers essential to assist in defending against construction
contractor claims will be made available on reasonable notice from CITY. Consultation or testimony
Page 22 of 31
will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's
personnel services under this AGREEMENT.
C. Services of CONSULTANT's personnel in connection with CITY's construction contractor claims will
be performed pursuant to a written contract amendment, if necessary, extending the termination
date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY's
operations, which are designated confidential by CITY and made available to CONSULTANT in
order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use
and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the
AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or
disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the
AGREEMENT or CITY's actions on the same, except to CITY's staff, CONSULTANT's own
personnel involved in the performance of this AGREEMENT, at public hearings, or in response to
questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever,
regarding work performed or to be performed under this AGREEMENT without prior review of the
contents thereof by CITY, and receipt of CITY'S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this
Article.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury
that no more than one final unappealable finding of contempt of court by a federal court has been issued
against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's
failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of
the National Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT's performance will be evaluated by CITY. A copy of the evaluation will be sent to
CONSULTANT for comments. The evaluation together with the comments shall be retained as part of
the AGREEMENT record.
ARTICLE XXXI PROMPT PAYMENT FROM THE CITY TO CONSULTANT
The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly
submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to
pay promptly, the CITY shall pay interest to the contractor, which accrues at the rate of 10 percent per
annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment
request, the CITY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the
purpose of determining that the payment request is a proper paymentrequest.
(2) Any payment request determined not to be a proper payment request suitable for payment shall
Page 23 of 31
be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after
receipt. A request returned pursuant to this paragraph shall be accompanied by a document
setting forth in writing the reasons why the payment request is not proper.
ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
/_1:j :j =1ki101/I_1
During the performance of this Agreement, the contractor, for itself, its assignees and successors in
interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the REGULATIONS), which are herein incorporated by reference and made a part
of this agreement.
Nondiscrimination: CONSULTANT, with regard to the work performed by it during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion,
age, or disability in the selection and retention of sub -applicants, including procurements of
materials and leases of equipment. CONSULTANT shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the agreement covers a program set forth in Appendix B of the
Regulations.
c. Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be
performed under a Sub- agreement, including procurements of materials or leases of equipment,
each potential sub -applicant or supplier shall be notified by CONSULTANT of the
CONSULTANT'S obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by
the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of another who
fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or
FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the
information.
e. Sanctions for Noncompliance: In the event of CONSULTANT's noncompliance with the
nondiscrimination provisions of this agreement, the recipient shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limitedto:
withholding of payments to CONSULTANT under the Agreement within a reasonable
period of time, not to exceed 90 days; and/or
cancellation, termination or suspension of the Agreement, in whole or in part.
Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1)
through (6) in every sub -agreement, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
Page 24 of 31
CONSULTANT shall take such action with respect to any sub -agreement or procurement as the
recipient or FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is
threatened with, litigation with a sub -applicant or supplier as a result of such direction, CONSULTANT
may request the recipient enter into such litigation to protect the interests of the State, and, in addition,
CONSULTANT may request the United States to enter into such litigation to protect the interests of the
United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to the
provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition
that the recipient will accept title to the lands and maintain the project constructed thereon in accordance
with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and
procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in
compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted
programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise,
release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of
Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever,
subject, however, to the covenants, conditions, restrictions and reservations herein contained as
follows, which will remain in effect for the period during which the real property or structures are used
for a purpose for which Federal financial assistance is extended or for another purpose involving the
provision of similar services or benefits and will be binding on the recipient, its successors and assigns.
The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby
covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1)
no person will on the grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located
wholly or in part on, over, or under such lands hereby conveyed, (2) that the recipient will use the lands
and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed
by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S.
Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations and Acts may be amended, and (3) that in the event of breach of any of the above -
mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands
and facilities on said lands, and that above described land and facilities will thereon revert to and vest
in and become the absolute property of the U.S. Department of Transportation and its assigns as such
interest existed prior to this instruction.
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered
into by the recipient pursuant to the provisions of Assurance 7(a):
Page 25 of 31
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree as a covenant running with the land that:
In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the (grantee, licensee,
lessee, permittee, etc.) will maintain and operate such facilities and services in
compliance with all requirements imposed by the Acts and Regulations(as may be
amended) such that no person on the grounds of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-
discrimination covenants, the recipient will have the right to terminate the (lease, license, permit,
etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same
as if the (lease, license, permit, etc.) had never been made or issued.
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants,
the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above
described lands and facilities will there upon revert to and vest in and become the absolute
property of the recipient and its assigns.
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements
entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest ,and assigns, as a part of the consideration hereof, does
hereby covenant and agree as a covenant running with the land that (1) no person on the ground
of race, color, or national origin, will be excluded from participation in, denied the benefits of, or
be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction
of any improvements on, over, or under such land, and the furnishings of services thereon, no
person on the ground of race, color, or national origin, will be excluded from participation in,
denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee,
lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed
by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the
above Non-discrimination covenants, the recipient will have the right to terminate the (license,
permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities
thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made
or issued.
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants,
the recipient will there upon revert to and vest in and become the absolute property of the
recipient and its assigns.
Page 26 of 31
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in
interest (hereinafter referred to as the "CONSULTANT") agrees to comply with the following non-
discrimination statutes and authorities, including, but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis
of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as
implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70
Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C.1681 etseq).
Page 27 of 31
ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT
and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt
requested, postage prepaid, and addressed as follows:
CONSULTANT: FALCON Engineering Services, Inc.
Ashraf Mohamed, PE, Project Manager
41875 Enterprise Circle S, Suite A
Temecula, CA 92590
CITY: City of Temecula
Avlin R. Odviar, PE, Contract Administrator
41000 Main Street
Temecula, CA 92590
ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named
CITY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and
concluded in duplicate between the two parties. Both of these parties for and in consideration of the
payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform
in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
ARTICLE XXXV SIGNATURES
CITY OF TEMECULA
Zak Schwank, Mayor
Date;
Attest:
Randi Johl, City Clerk
Date:
Approved as to Form:
Peter M. Thorson, City Attorney
Date:
FALCON Engineering Services, Inc.
Mah agih, President
Date:
Wael Faqih, Vice President
Date:
Page 28 of 31
ATTACHMENT NO. 01 — COST PROPOSAL
Page 29 of 31
Local Assistance Procedures Manual
EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
COST -PLUS -FIXED FEE OR LUMP SUM OR (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ® Prime Consultant El Subconsultant ❑ 2nd Tier Subconsultant
Consultant: FALCON Engineering Services, Inc.
Project No. PW16-01 Contract No.
DIRECT LABOR
Date: March 16, 2023
Classification/Title
Name
Hours
Actual Hourly Rate
Total
Project Manager
Ashraf Mohamed, PE *
232
$110.00
$25,520.00
Resident Engineer
Juan Rojas, PE *
3800
$115.00
$437,000.00
Lead Assist. Resident Engineer
Mohammad Khalaileh, PE
3448
$104.00
$358,592.00
Civil/Roadway
Crosby Romero **
3840
$72.00
$276,480.00
Civil/Roadway Inspector
Tim Dexter **
0
$65.00
$0.00
Civil/Roadway
Ziad Al-Dasougi, PE **
2920
$95.00
$277,400.00
Structure Inspector
Syed Afzal Biyabani, EIT **
3600
$68.38
$246,168.00
Structure Inspector
Mohammad Al-Barqawi, EIT **
0
$80.00
$0.00
Structure Inspector
Ahmed Hamasha **
0
$78.00
$0.00
Structure Inspector
Yazan Alfaqih **
0
$76.00
$0.00
Construction Inspector
Salvador Orozco **
2040
$80.00
$163,200.00
Administration
Zaid Afman, PE
0
$95.00
$0.00
Labor/Health/SWPPP/Safety
Dion Castro, ToR
880
$85.00
$74,800.00
Office Engineers
Sarah Alina
3440
$68.00
$233,920.00
Community Outreach/Drone
Sami Faqih
792
$92.00
$72,864.00
Management Support (As -Needed)
Tariq Malik, PE
0
$115.00
$0.00
LABOR COSTS
a) Subtotal Direct Labor Costs $2,165,944.00
b) Anticipated Salary Increases (see page 2 for calculation) $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $2,165,944.00
INDIRECT COSTS
d) Fringe Benefits (Rate: 0 %) e) Total Fringe Benefits [(c) x (d)] $0.00
f) Overhead: (108.08% ) g) Overhead [(c) x (f)] $2,340,952.28
h) General and Administrative (Rate: ( 0% ) i) Gen & Admin [(c) x (h)] $0.00
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $2,340,952.28
k) TOTAL FIXED FEE [(c) + (O] x fixed fee 10% $450,689.63
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add Additional pages if necessary
Description of Item
Quantity
Unit
Unit Cost
Total
Mileage Costs
Included
$
$
One Time Charge Field O ace
Furniture
$
Provided by Falcon except for office chairs
$
Office Chairs
10
$ 200.00
$ 2,000.00
Laptops
4
$ 700.00
$ 2,800.00
Monthly Charges Field Office
Monthly Rent
28
$ 2,200.00
$ 61 600.00
Electricity
28
$ 300.00
$ 8,400.00
Water
28
$ 60.00
$ 1680.00
Internet
28
$ 250.00
$ 7,000.00
Office Cleaning,
28
$ 250.00
$ 7 000.00
Printer/PhotocopierPrinter/Photocopierl
28
$ 300.00
$ 8,400.00
Stationary & Office Supplies
1 28
$ 300.00
$ 8,400.00
Computer licenses Bluebeam $300/ ear 4EA
28
1
1 $ 100.00
$ 2,800.00
1) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
$110,080.00
Subconsultant 1:
Arellano Associates (DBE)
$
120,000.00
Subconsultant 2:
CL Surveying (DBE)
$
800,000.00
Subconsultant 3:
CMC Project Solutions (DBE)
$
100,000.00
Subconsultant 4:
Converse Consultants
$
340,000.00
Subconsultant 5:
Danken (Scott Walker [SR])*
$
600,000.00
Subconsultant 6:
Leighton Consulting
$
340,000.00
Subconsultant 7:
NV5
$
350,000.00
Subconsultant 8:
Psomas
$
250,000.00
Subconsultant 9:
Skyline Consultants (DBE)
$
744,836.89
Subconsultant 10:
Wood Environmental
$
67,772.91
Subconsultant 11:
ZT Consulting Group
$
100,000.00
m) TOTAL SUBCONSULTANTS' COSTS $ 3,812,609.80
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1)+(m)] $3,922,689.80
TOTAL COST [(c) + 0) + (k) + (n)] $8,880,275.70
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks
(**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting
period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Page 1 of 3
January2020
Local Assistance Procedures Manual
EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
COST -PLUS -FIXED FEE OR LUMP SUM OR FHZM FIXED PRICE CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate
Direct Labor Subtotal per Cost Proposal Total Hours per Cost
Avg Hourly
Rate 5 Year
Proposal
Contract
$2,165,944.00 24992 =
$0.00 Year 1 Avg
2. Calculate
hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Avg Hourly Proposed Escalation
Year 1
$0.00 * 0% =
0
Year IAvg Hourly Rate
Year 2
$0.00 * 0% —
0
Year 2 Avg Hourly Rate
Year 3
$0.00 * 0% =
0
Year 3Avg Hourly Rate
Year 4
$0.00 * 0% =
0
Year 4 Avg Hourly Rate
Year 5
$0.00 * 0% =
0
Year 5 Avg Hourly Rate
Year 6
$0.00 * 0% =
0
Year 6 Avg Hourly Rate
3. Calculate
estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Completed Total Hours per Cost Proposal
Total Hours per
Year 1
60.00% * 24992 =
14995
Estimated Hours Year
Year 2
30.00% * 24992 =
7498
Estimated Hours Year
Year 3
10.00% * 24992 =
2499
Estimated Hours Year
Year 4
0.00% * 0 =
0
Estimated Hours Year
Year 5
0.00% * 0 =
0
Estimated Hours Year
Year 6
0.00% * 0 =
0
Estimated Hours Year
Total
100% Total =
24992
4. Calculate
Total Costs including Escalation (Multiply Average Hourly Rate by the number
of hours)
Avg Hourly Rate Estimated hours
Cost per
(calculated (calculated above)
Year
Year 1
$0.00 * 0 =
$0.00
Estimated Hours Year
Year 2
$0.00 * 0 =
$0.00
Estimated Hours Year
Year 3
$0.00 * 0 =
$0.00
Estimated Hours Year
Year 4
$0.00 * 0 =
$0.00
Estimated Hours Year
Year 5
$0.00 * 0 =
$0.00
Estimated Hours Year
Year 6
$0.00 * 0 =
$0.00
Estimated Hours Year
Total Direct Labor Cost with Escalation =
$0.00
Direct Labor Subtotal before Escalation =
$0.00
Estimated total of Direct Labor Salary Increase =
0
Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the #
of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e.
$250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted
4. Calculations for anticipated salary escalation must be provided.
Page 2 of 3
January 2020
Local Assistance Procedures Manual
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract
are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in
the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with
the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost
Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: Title * Senior Vice President
Signature : —` Date of Certification: March 16, 2023
Email: wfa is h(cilfalcon-ca.com Phone Number: (951) 264-2350
Address: 41593 Winchester Rd, #120, Temecula, CA 92590
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief
Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Project Manager/Resident Engineer /Civil Engineer/ Roadway Engineer/Structure Engineer/ Electrical/ Traffic Safety
Office Engineer/Labor/Health/Safety/Administration/Inter-agency Coordination
Page 3 of 3
January 2020
ATTACHMENT NO. 02 — SCOPE OF SERVICES
Page 30 of 31
FALCON Construction Management Scope of Services
Engineering Services
City of Temecula
I-15/French Valley Parkway Improvements - Phase II
Construction Management Scope of Services
Contents
1 -Project Description................................................................................................................................ 2
2 - Construction Management GeneralServices...................................................................................... 2
2.1 Project Controls System Development.............................................................................................................................2
2.2 Monthly Project Progress Meetings and Reports...........................................................................................................3
2.3 Document Management System......................................................................................................................................4
2.4 Neighborhood Liaison Strategy.......................................................................................................................................4
2.5 Sub -Consultant Management..........................................................................................................................................5
3 - Pre -Construction Phase Services.........................................................................................................
6
3.1 Pre -Construction Coordination........................................................................................................................................6
3.2 Construction Management Plan......................................................................................................................................6
3.3 Pre -construction Walk Through......................................................................................................................................8
3.4 Environmental Compliance Prior to Start of Construction............................................................................................8
4 - Construction Management Services....................................................................................................
9
4.1 Pre -construction Conferences..........................................................................................................................................9
4.2 Communications and Correspondence..........................................................................................................................10
4.3 Project Changes and Construction Change Order Management.................................................................................10
4.4 Monthly Construction Progress Reports.......................................................................................................................12
4.5 Schedule Monitoring......................................................................................................................................................12
4.6 Cost Monitoring..............................................................................................................................................................13
4.7 Progress / Coordination Meetings.................................................................................................................................13
4.8 Payment Recommendations...........................................................................................................................................14
4.9 Safety...............................................................................................................................................................................14
4.10 Environmental Coordination & Biological Monitoring.............................................................................................15
4.11 Neighborhood Communication /Public Information.................................................................................................17
4.12 Traffic Control and Signal Timing..............................................................................................................................18
4.13 Submittal Management and Review...........................................................................................................................19
4.14 Request for Information (RFI) Management and Review.........................................................................................20
4.15 Document Management...............................................................................................................................................20
4.16 Review Certified Payrolls............................................................................................................................................21
4.17 Storm Water Pollution Prevention Plan(SWPPP).....................................................................................................21
5 - Construction Inspection Services......................................................................................................
22
5.1 Inspection and Documentation......................................................................................................................................22
5.2 Materials Testing, Construction Testing & Quality Assurance Program (QAP).......................................................23
5.3 Surveying........................................................................................................................................................................24
5.4 Review and Maintain "As Constructed Schedule"......................................................................................................26
5.5 Maintain Photographic and Video Records of Construction Progress.......................................................................26
5.6 Review and Maintain "As Built" Drawings.................................................................................................................27
5.7 Final Inspection and Punch-list.....................................................................................................................................27
5.8 Final Acceptance - Punch List Assistance...................................................................................................................28
6 - Construction CloseoutActivities.......................................................................................................
28
6.1 Contract Closeout...........................................................................................................................................................28
6.2 Project As -Built Drawings.............................................................................................................................................29
6.3 Final Project Report .......................................................................................................................................................29
6.4 Final Payment, Final Report of Expenditure Checklist...............................................................................................29
6.5 Audit Support.................................................................................................................................................................30
7 - Field Office and EmployeeEquipment.............................................................................................
30
8 - Responsibility Matrix........................................................................................................................
31
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 ■
FALCON
Engineering Services
Construction Management Scope of Services
1 - Proj ect Description
The I-15/French Valley Parkway Improvements — Phase II project will construct a two-lane
northbound collector/distributor system along I-15 from the I-15/Winchester Road interchange
northbound on -ramps to just north of the I-15/I-215 junction, providing connectors to I-15 and I-
215 in the cities of Temecula and Murrieta. Construction will include freeway widening, bridge
widening, new bridge, new retaining walls, new soundwalls, and modification to existing drainage,
traffic signal and lighting systems, signs and pavement delineation.
The anticipated construction contract time is 450 working days and contract value of $71.5M.
The City of Temecula (CITY) is the Project Sponsor and Implementing Agency, with Caltrans
providing full oversight. The Engineer of Record is T.Y.Lin International (EOR or Designer). The
construction contract will be paid, in part, with Federal and State funds.
This Scope of Services summarizes activities to be performed by the Construction Management
firm (CONSULTANT, CM, RE, Resident Engineer, or ENGINEER) and/or its sub consultants. It
is not meant to be comprehensive. Generally, the CM firm shall perform activities, on behalf of
and in conjunction with the CITY, as necessary to administer the construction contract.
All activities shall be performed in accordance with the guidelines and requirements of the CITY,
Caltrans, and FHWA.
2 — Construction Management General Services
2.1 Project Controls System Development
Purpose:
To develop an integrated cost and schedule information system to provide up-to-date and accurate
information regarding schedules, budgets, expenditures, and change orders to ENGINEER managers,
contractors, Caltrans, and the CITY.
The master schedule of the Project Controls System (PCS) will enable critical activities and
interrelationships between the contractors, suppliers, the CITY, the CITY's Project Manager, design
engineers, environmental monitors, CHP, utility companies, Biologist and construction manager
(including its subcontractors) to be monitored efficiently during the construction phase of the Project.
The master schedule will identify permit constraints, work area restrictions and other known work
and/or coordination constraints.
The cost -monitoring element of the PCS will enable project -wide monitoring of expenditures for
comparison with the original budgets and budget updates resulting from change orders processed
during the life of the Project. Monthly reporting will enable accurate cost forecasting at any time.
Automating the above information will enable timely analysis, intervention, and decision -making to
efficiently control the Project.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 2
FALCON
Engineering Services
Construction Management Scope of Services
Approach:
CONSULTANT will develop the PCS using available software. A master schedule will be developed
summarizing all significant activities of project -related entities, including the Contractor, equipment
suppliers, the CITY project manager, design consultants, the Biologist, and construction manager. The
schedule will be structured to include the following:
Primary contractor work activities, including major submittals, required accomplishing the
work.
5 Principal work activities of the CONSULTANT construction manager, the CITY's project
manager, design consultants, Biologists, contractors, and suppliers.
5 Activities necessary for regulatory compliance.
5 Activities related to utility relocations.
5 Relationships between submittals, approvals, procurement, and delivery ofmaterials.
E Milestones associated with permitting and approvals.
0 Any activity requiring coordination with the CITY, Caltrans Oversight, and other local
utility/regulatory agencies.
5 Substantial and final completion dates.
The cost accounting format will use a work breakdown structure and cost categories compatible with
the CITY's cost accounting system. The work breakdown structure will be based on the Contractor's
activities and will provide the basis for cost -loading activities in the schedule.
Assumptions:
1. The initial master project schedule will be developed based on information available before
awarding the construction contracts.
2. The CITY will provide a description of the CITY invoicing requirements and guidelines for
project work breakdown structure and cost reporting format.
3. CITY will provide copies of all consultant contracts including scope of services and budgets.
Deliverables:
1. Implementation of Project Control System.
2. Draft master project schedule.
3. Initial master project schedule following review and approval by the CITY.
4. Initial project cost.
2.2 Monthly Project Progress Meetings and Reports
Purpose:
To apprise CITY management and other stakeholders of CONSULTANT's activities under this
contract via written report and monthly meeting.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01
FALCON
Engineering Services
Construction Management Scope of Services
Approach:
CONSULTANT will provide a brief written report covering a summary of the status and expenditures
associated with each of the tasks described in this scope of work; including highlights of any unusual
contractual issues that arise during the reporting period and a listing of approved work that is beyond
the boiler plate scope with a determination of who is responsible for the associated additional costs
(Contractor, Project, etc.).
CONSULTANT will schedule monthly progress meetings, which will provide for discussion of
progress reports and issues related to (a) this agreement and (b) the construction agreements.
Assumptions:
1. The project monthly progress report will be provided throughout the contract period.
2. A regular monthly meeting date and time will be established. Meeting date is typically the first
week of each month, the same day of the week.
3. Monthly Progress Reports will be provided to the CITY at the beginning of nextmonth.
4. CITY to submit proposed changes/amendments to the monthly progress reports, in writing, to
CONSULTANT for its use.
5. Additional project budget expenditures determined to be the responsibility of the Contractorwill
be addressed quarterly with adjustments being made to progress payments.
Deliverables:
1. Monthly project progress report.
2. Monthly progress review meetings with minutes/summaries.
2.3 Document Management System
Purpose:
To establish a system for the timely logging, filing, and tracking of Project related correspondence to
assure timely responses and provide a record of communications to enable efficient retrieval and
establish the chronology of events for use in dispute resolution.
Approach:
CONSULTANT will set up a document tracking system, using available software to maintain
project files.
Assumptions:
1. Actual logging, filing, and tracking of project information will be performed under separate tasks
and subtasks.
2. The CONSULTANT File Index will conform to the Caltrans filing numbering system.
Deliverables:
Implementation of a computerized document management system that includes written procedures for
use of the ENGINEER project team.
2.4 Neighborhood Liaison Strategy
Purpose:
To provide a strategy for dealing with issues related to the impacts of construction on the residential
neighborhoods and businesses located adjacent to and within the limits of the Project, to respond to
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 4
FALCON
Engineering Services
Construction Management Scope of Services
public inquiries regarding the Project, and to coordinate with the CITY, law enforcement, emergencX
services providers, transit agencies, school districts and others as needed regarding construction
activities that may impact public safety.
As part of the public outreach effort, it is anticipated that the team will conduct public meetings before
and during construction. The team will also need to attend local community meetings to provide
updates and information as requested.
Approach:
CONSULTANT will develop in conjunction with the CITY a strategy for neighborhood and local
community communication related to construction phase impacts and mitigation.
Assumptions:
CONSULTANT will be responsible for development of the neighborhood liaison strategy. However,
the CITY will provide general guidelines for community and neighborhood affairs, dictate protocol,
and initiate contact with local elected officials, as required. The CITY will be responsible for the review
and approval of the overall plan.
Deliverables:
1. CONSULTANT: Draft Neighborhood Affairs Strategy memorandum.
2. CITY: Review and comment on draft Affairs Strategy memorandum.
3. CONSULTANT: Final Neighborhood Affairs Strategy memorandum.
2.5 Sub -Consultant Management
Purpose:
To coordinate and manage sub -consultant services contracted with CONSULTANT. Sub- consultants
include inspectors, surveyors, landscape architects, materials testing consultants, biologists, and/or
others, to be determined at a later date and secured at reasonable rates.
Approach:
CONSULTANT will coordinate and manage the utilization of sub -consultants for the CITY in order
to comply with the terms of the contract documents and the requirements of regulatory agencies.
At the CITY's direction, CONSULTANT will negotiate and enter into sub -consultant agreements
with select sub -consultants.
CONSULTANT will work with consultants contracted directly with the CITY. CONSULTANT will
review and approve invoices provided by CITY consultants and forward said invoices to the CITY for
processing and payment.
Assumptions:
1. The CITY will retain final approval rights over invoices for CITY contracted consultants.
2. All costs associated with CONSULTANT's sub -consultant services will be billed to the
CITY in conjunction with CONSULTANT's services on a monthly basis.
Deliverables:
1. Copies of all sub consultant reports. Original reports will remain with CONSULTANT until project
closeout, at which time all originals will be forwarded to the CITY with the project documentation.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01
FALCON
Engineering Services
Construction Management Scope of Services
2. Copies of all sub -consultant invoices billed through CONSULTANT.
3. Original invoices reviewed and approved by CONSULTANT for CITY contracted consultants.
3 — Pre -Construction Phase Services
CONSULTANT shall provide specialized services during the project Pre -Construction phase. These
services are intended to involve the construction manager early in the Project and to provide advanced
planning for construction phase activities.
3.1 Pre -Construction Coordination
Purpose:
In order to minimize the project construction time there will be a need to have a concentrated effort to
do as much work in advance of the Contractor moving on site and to coordinate with other projects in
the vicinity.
Approach:
The CONSULTANT will coordinate with other agencies, companies, local residents and the Contractor
to ensure that there are no delays to the start of construction. This will involve close coordination with
utility companies to ensure that any relocation work done prior to construction is properly managed.
Also, the CONSULTANT needs to assist the utility companies to plan any relocation work scheduled
during construction. Once the low bid contractor is selected the CONSULTANT is to work closely
with the construction team to ensure that they obtain all necessary approvals, permits, supplies, etc.
CONSULTANT will need to be aware of other public and private construction projects in the vicinity
and ensure that there is close coordination between the projects.
3.2 Construction Management Plan
Purpose:
To provide the CITY and CONSULTANT with uniform procedures and standards for the
administration of the construction contract.
Approach:
CONSULTANT will develop a procedures manual that is usable for the construction project utilizing
the Caltrans Construction Management Manual and portions of the Local Assistance Procedures
Manual. The Manual will be a compilation of both manuals, using various parts from both manuals as
appropriate and incorporating a section concerning emergencies. The CITY approved manual will used
by the CITY, as it deems appropriate.
Assumptions:
The final project manual will be bound in a three-ring binder to facilitate future revisions.
Deliverables:
1. Draft project manual for review by the CITY. CONSULTANT will provide two (2) copies of the
draft.
2. After review and comments, provide two (2) copies of final project manual to the CITY.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 6
FALCON Construction Management Scope of Services
Engineering Services
3.1 Local Assistance Documentation / Federal Contract Management Requirements
Purpose:
To assist the CITY in field observation, testing and preparation of documentation required for
compliance with FHWA Contract Management Requirements as detailed in the Caltrans's Local
Assistance Procedures Manual.
Approach:
CONSULTANT in conjunction with the CITY will review the Local Assistance Procedures Manual
to ensure that all contract administration procedures, documentations, and filing systems are in
accordance with the Local assistance Procedures Manual. Subsections included in various chapters
have been discussed in detail throughout the sections of the Scope of Services for this Project:
o Chapter 1, Introduction and Overview
o Chapter 5, Invoicing
o Chapter 7, Field Review
o Chapter 12, Plans, Specifications & Estimate
o Chapter 14, Utility Facility
o Chapter 15, Advertise and Award Project, including the following sections:
o Approval for Local Agency to Administer Projects.
o Project Advertisement,
o Contract Bid Opening
o Contract Award
o Award Package
Chapter 16, Administer Construction Contracts, including the following:
o Project Supervision and Inspection
o Pre -Construction Conference and Partnering
o Contract Time
o Subcontractors
o Engineer's Daily Reports
o Project Files
o Construction Records and Accounting Procedures
o Safety Provisions
o Labor Compliance
o Equal Employment Opportunity
o Contract Change Orders
o Quality Assurance Program
o Contract Claims
o Traffic Safety in Highway and Street Work Zones
o Construction Engineering Review by the State.
Chapter 17, Project Completion includes the following:
o Final Inspection Procedures for Federal -Aid Projects
o "As -Built" plans
o Report of Expenditures
o Consequences for Non -Compliance
Chapter 19, Oversight and Process Reviews
Chapter 20, Deficiencies and Sanctions
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 7
FALCON
Engineering Services
Construction Management Scope of Services
All the above Chapters and sections have specific formats, checklists, and procedures that must be
implemented as required by the Local Assistance Procedures Manual and Contract Provisions.
The CITY and CONSULTANT will incorporate specific deliverables within the
CONSULTANTS scope of services and designate the party or parties responsible.
Assumptions:
The CITY will review the CONSULTANT's Contract scope of services and deliverables to ensure that
all tasks required are identified and an individual parry is assigned responsibility for that task.
Deliverables -
Individual tasks required for compliance with the Local Assistance Procedures Manual are identified
as specific tasks including all required checklists, forms, filing system, procedures for progress
payments, change orders, claims, correspondence, as-builts, reporting, permit compliance, permit
renewals, final invoicing and claims mitigations and resolutions.
Compliance with the Caltrans Construction Manual, Traffic Manual, MUTCD, ADA Guidelines, CAL
OSHA Safety Orders, SWPPP & PMP preparation Handbook, and all Bridge Manuals is also required,
as applicable.
3.3 Pre -construction Walk Through
Purpose:
To review, document and agree to the existing conditions of the project site and neighboring area
conditions prior to the start of construction.
Approach:
Prior to start construction, CONSULTANT will walk the entire project and record existing conditions
via a written log, photographs, and videotape where required. CONSULTANT will provide copies of
all documentation to the CITY. CONSULTANT will keep documentation originals in the project files
until project completion.
Assumptions:
Project walk will not take longer than two days with approximately the same amount of time to log,
file and copy the information.
Deliverables:
A written log, still photographs and any videotape depicting existing site conditions, as recorded prior
to the start of construction.
3.4 Environmental Compliance Prior to Start of Construction
Purpose:
To maintain compliance with permitting agency guidance and Special Provisions. Please see
individual permits for more detailed information regarding activities, submittals, and reporting.
Assumptions:
That these activities will occur prior to the start of construction.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 8
FALCON
Engineering Services
Construction Management Scope of Services
Deliverables:
1. Submit to USFWS and CDFW name of Project Biologist(s) prior to project construction start
for approval by USFWS and CDFW.
2. Notify permitting agencies of start of construction as per individual permit conditions.
3. Project Biologist shall implement Worker Environmental Awareness Program to educate on- site
workers about sensitive environmental issues. Project Biologist shall provide interpretation for
non-English speaking workers.
4. Project Biologist shall conduct all pre -construction surveys in accordance with the
environmental document, MMRP and permits for Project within their specific survey time
frames. This includes least Bell's vireo, nesting birds, burrowing owl and bats.
5. Project Biologist shall oversee delineation of work boundary with appropriate fencing or
flagging. Biologist shall determine and clearly delineate avoidance or buffer areas.
4 — Construction Management Services
.e
CONSULTANT, on behalf of the CITY, will provide Construction Management (CM) services for
administration of the construction contract in conformance with the requirements set forth in the State's
Construction Manual, State's Local Programs and Procedures Manual, State's Encroachment Permit
and the CITY's requirements. Construction Management services will encompass the Quality
Assurance and enforcement of all construction contract requirements. It can be expected that the
Contractor will be working on site 24 hours per day. CM services are to be provided to enforce
construction contract requirements.
4.1 Pre -construction Conferences
Purpose:
To provide a forum for all essential project participants to meet prior to the start of work. This meeting
will outline the CITY's administration of the contract, introduction of the participants, and record all
comments and questions submitted by the Contractor. Provides an understanding of the procedures to
be used on the Project and what the Contractor can expect from the CITY and its consultants.
Approach:
CONSULTANT will schedule, prepare the agenda, chair and take minutes of the pre -construction
meeting. The meeting will outline project specifics and inform the Contractor of project administration
procedures.
Assumptions:
1. The CITY will provide the meeting venue.
2. The CITY will assist CONSULTANT in developing the attendee list.
3. CONSULTANT will prepare a draft agenda for CITY approval prior to the meeting.
Deliverables:
1. Written agenda and minutes of pre -construction conference.
2. Electronic copies of pre -construction meeting minutes to the attendees.
3. Review and comment on Contractor's base -line schedule.
4. Establish ground rules of coordination & communications with Contractor and designer
concerning the processing and reviewing of submittals and RFI's.
5. Maintain construction documents per federal requirements and as detailed in Chapters 15, 16, 17
and other relevant Chapters of the Local Assistance procedures Manual.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 9
FALCON
Engineering Services
Construction Management Scope of Services
6. Enforcement of DBE requirements.
7. Enforcement of Labor Compliance Requirements, including completion federal Labor
Compliance Pre job Checklist.
8. Enforcement of Quality Assurance Program
9. Completion of the Federal Resident Bridge Engineer's Construction Contract Administration
Checklist, including all necessary attachments as detailed in Local Assistance Procedures Manual.
10. Discussion of environmental permits requirements.
11. Discussion of water quality requirements.
12. Discussion of utility company requirements.
13. Preparation of invoices for federal reimbursement.
4.2 Communications and Correspondence
Purpose:
To provide for and/or facilitate effective communication, on behalf of the CITY and among all
stakeholders in the administration of the construction contract.
Approach:
CONSULTANT will obtain all pertinent information as required to develop a project directory of all
key personnel and stakeholders working on the Project. CONSULTANT will log all information
received from the Contractor and others. Lastly, CONSULTANT will prepare and/or forward
appropriate responses, obtaining CITY approval when required.
Assumptions:
1. The CONSULTANT's Correspondence Log will be used for all correspondence received from the
CITY, the Contractor, and others.
2. All original correspondence will remain with the ENGINEER project files. Only copies will be
distributed, with the exception of shop drawing submittals.
3. The CONSULTANT'S project files will be turned over to the CITY upon the conclusion of the
Project.
Deliverables:
1. Communication files.
2. Written logs of information received from the CITY, the Contractor, design consultants,
Biologist, testing firm, citizens and/or others.
4.3 Project Changes and Construction Change Order Management
Purpose:
To reviewing proposed changes to the Project and determine if the change is necessary and/or
beneficial to the Project, and if such changes constitute a change order.
To provide a system for logging and tracking all changes on the Project.
To provide the CITY with assurance that the Contractor is not presenting requests to be paid for
additional work included in the original contract.
To assure the CITY that the associated extra work costs and time extension requests are fair and
reasonable to both the CITY and the Contractor.
Approach:
CONSULTANT will review potential changes to the Project for contractual and technical merit,
prepare independent cost estimates and schedule analysis of work, discuss proposed changes with
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 10
FALCON
Engineering Services
Construction Management Scope of Services
CITY, and negotiate change order costs with the Contractor. CONSULTANT will prepare change
orders with all required support documentation for execution by the CITY. CONSULTANT will keep
the CITY apprised of cumulative changes in project cost and project duration.
CONSULTANT will negotiate change orders on behalf of the CITY and will use the following
approach in assisting & coordinating the process with the CITY:
Requests for Changes by the CITY
1. CONSULTANT will forward a Request for Quote (RFQ) to the Contractor for pricing and
stipulation of proposed time extension, if requested work can be shown to impact the Project's
critical path. The RFQ shall contain a description of the extra work (normally provided by the
Designer) to fairly price the work.
2. CONSULTANT will prepare an independent cost estimate of the extra work.
3. CONSULTANT will review the cost quote from the Contractor for completeness, negotiate cost
and time extension requests as required and obtaining CITY concurrence throughout the process.
Obtain CITY authorization for proceeding with the change, based on definitive cost and time
extension values.
4. Should CONSULTANT and the Contractor be unable to negotiate a reasonable price, the CITY
will be consulted prior to directing the work via alternative contract change options such as
proceeding on a time and material basis or proceeding by force account.
Requests for Changes by Contractor
1. CONSULTANT will review requests of proposed cost and/or time impacts for merit. If
CONSULTANT determines the request fails on merit, the Contractor will be informed of the
reasons why the request is denied. Should CONSULTANT determine the request has merit;
CONSULTANT will proceed with steps 2 and 3.
2. CONSULTANT will prepare an independent cost estimate and schedule analysis of the work.
3. CONSULTANT will negotiate extra work cost and time extensions with the Contractor.
4. CONSULTANT will prepare change order documents for approval and execution by the CITY.
Assumptions:
1. CONSULTANT will have authority to make minor changes to work that it determines to have no
cost or time impacts to the construction project.
2. CONSULTANT will be allowed to use their own judgment regarding how best to handle cost
negotiations with the Contractor but will keep the CITY informed throughout the process.
3. CONSULTANT will prepare official change order documentation to be processed withthe
Contractor's regular application for payment.
4. CONSULTANT will transmit electronic copies (MS Word *.docx files) of change order
documentation to the CITY's capital project construction group.
5. CONSULTANT will obtain final approval of all project cost and/or project time changes from the
CITY, and Caltrans prior to authorizing the Contractor to proceed with changes.
Deliverables:
1. Perform quantity and cost analysis as required for negotiation of change orders
2. Analyze additional compensation claims that are submitted during the construction period and
prepare responses.
3. Perform claims administration including coordinating and monitoring claim responses, logging
claims and tracking claim status.
4. Change order documentation ready for approval and execution by the CITY.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 11
FALCON Construction Management Scope of Services
Engineering Services
4.4 Monthly Construction Progress Reports
Purpose:
To keep the CITY apprised of the project status during the prescribed construction period.
Approach:
CONSULTANT will prepare a monthly report that provides construction status to the CITY and other
involved parties. The monthly report shall contain the following:
1. Description of activities completed in the past month.
2. Description of anticipated work on next period.
3. Identify actual and potential problems associated with the construction project.
4. Potential Issues, pending change orders and executed change orders.
5. Update of public relations, notifications.
6. Update of safety issues, concerns.
7. Photographs to show construction activities and for clarity regarding specialissues.
8. Other information deemed necessary for the CITY to have a concise understanding ofthe
construction Projects.
9. Project status, percentage of work completed, dollar amount of work completed, status of
contingency money.
Assumptions:
The CITY will assist CONSULTANT in the initial formatting of the first report.
Deliverables:
1. Monthly progress report.
4.5 Schedule Monitoring
Purpose:
To monitor and review the Contractor's schedule, after acceptance of the baseline schedule, so that the
Project is not being delayed over issues within the control of the Contractor.
Approach:
CONSULTANT will develop procedures, using available software, to review the Contractor's monthly
schedule updates for logic, duration, and resource changes. CONSULTANT will notify the Contractor
of discovered changes and document the Contractor's response, for the record. CONSULTANT will
keep the CITY apprised of the Contractor's current construction schedule.
Assumptions:
Contract specifications will require the Contractor to use Critical Path Method (CPM) scheduling
tools/software. The preferred scheduling software is P6 or SureTrak by Primavera. Gant charts will be
strictly forbidden.
Deliverables:
1. CONSULTANT will prepare and transmit to the Contractor schedule review comments.
2. Monthly review of Contractor's schedule updates and provide a summary to CITY on
schedule status and impact of changes to completion date.
3. Monitor and facilitate utility coordination with various utility companies and the Contractor.
Incorporate relocations in the schedule and report any delays and impacts to the completiondate.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 12
FALCON Construction Management Scope of Services
Engineering Services
4.6 Cost Monitoring
Purpose:
To provide the CITY with a system that is easy to understand and provides up-to-date cost
information for making timely decisions.
Approach:
CONSULTANT will generate spreadsheets and graphs for the purpose of monitoring anticipated and
actual cost outlays.
Assumptions:
The CITY will provide direction regarding desired cost monitoring information and report formats.
Deliverables:
1. Monthly cost monitoring reports in a format to be determined.
2. Monthly progress report for the CITY describing key issues, cost vs. budget status, and schedule
status.
4.7 Progress / Coordination Meetings
Purpose:
To provide a forum for the review of the project status, the look -ahead schedule including activity
sequence and duration, schedule for delivery of long lead items, outstanding RFIs, submittals, and
other project issues.
Approach:
CONSULTANT will conduct weekly progress/coordination meetings, to be attended by the CITY, the
Contractor, CONSULTANT and other invitees. CONSULTANT will request the CITY and the
Contractor to submit agenda items for the meetings. Using the proposed agenda items and agenda items
developed in house, CONSULTANT will prepare a comprehensive agenda for the meeting and
distribute the agenda to all parties scheduled to attend. Following the meeting, CONSULTANT will
distribute meeting minutes, requesting either the concurrence of those who attended, or suggested
corrections to the minutes. Minutes will be filed as either approved or amended.
Assumptions:
1. The CITY's and Contractor's staffs will be able to meet on a regular basis.
2. Meeting room will be available.
3. Meetings will not take place more than once a week and will not last longer than one hour.
4. The Contractor will submit a look -ahead schedule (2 or 3 week) at each meeting.
Deliverables:
1. Agenda with status of open items from previous meetings.
2. Meeting minutes, for review, with action items noted.
3. Amended meeting minutes, if required.
4. Submittal, Issues log, Change Order log and RFI and RFQ working logs.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 13
FALCON Construction Management Scope of Services
Engineering Services
4.8 Payment Recommendations
Purpose:
To verify that the Contractor's request for payment does not represent more than an amount that is
reasonable for the work done on a monthly basis. To prepare progress payment recommendations on
behalf of the CITY for work completed and materials on hand (if allowed).
Approach:
CONSULTANT will review and approve the Contractor's monthly progress based on the percentage
of work activities complete. Once approved, CITY will prepare a payment application certificate for
approval and execution by the CITY.
Assumptions:
1. The CITY will make payments in accordance with the contract stipulations and State Law to
the Contractor once each month.
Deliverables:
1. Contractor's certified application for payment.
2. Progress payment request documents suitable for approval and execution by the CITY.
4.9 Safety
Purpose:
To review the Contractor's work site safety and notify the Contractor of unsafe conditions, as observed.
Implement the Cal OSHA Safety Orders requirements for providing safe work site conditions.
Approach:
CONSULTANT will observe contractors' work area. Contractor is to be informed if unsafe work
conditions and/or areas are observed. Immediate shutdown of contractors' work may be required if
conditions endanger property and/or life. Random attendance of Contractor's tailgate meeting.
CONSULTANT will conduct its own bi-weekly staff safety meeting to discuss specific safety
procedures and issues relating to current or upcoming construction activities requiring unique safety
procedures.
Assumptions:
1. Contract document requires Contractor to submit its safety program and safety officer prior to the
start of work
2. Contract documents or Contractor's safety program requires Contractor to submit accident
reports.
3. CONSULTANT assumes no responsibility for safety of Contractor's work areas.
4. CONSULTANT assumes no responsibility for implementation of Contractor safety program, or
its construction means and methods.
Deliverables:
1. Accident reports from Contractor.
2. Regular safety meeting minutes.
3. Copies of safety issues discussed during contractors' tailgate meetings.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 14
FALCON Construction Management Scope of Services
Engineering Services
4.10 Environmental Coordination & Biological Monitoring
Purpose:
To verify the Contractor has copies of applicable permits and that the work activities abide by the
requirements of the permits granted by regulatory agencies. All permits shall be kept current and
renewed prior to expiration throughout the project duration.
Approach:
CONSULTANT will review and enforce requirements stipulated in permits issued by regulatory
agencies. CONSULTANT will mobilize the services of its sub -consultant for Biological Monitoring
who will provide a certified Biologist (Monitor).
Assumptions:
1. All permits will be provided to CONSULTANT forreview.
2. All permits will be included in the contract documents.
3. Project Biologist will ensure compliance with permits and Stewardship Section of the Project's
Special Provisions.
4. Consultant's sub -consultant will provide a certified Biologist. This Biologist shall be
knowledgeable and experienced in biology of wildlife resources present at the Project.
5. The USFWS must approve the Biological Monitor. Biological Monitor will be responsible for
oversight of Programmatic Biological Opinion for any listed or protected species within or adjacent
to the PROJECT site.
Deliverables:
The CONSULTANT's sub -consultant Biological Monitor will:
1. Develop a Worker Environmental Awareness Program. Each employee (including temporary,
contractors, and subcontractors) will receive a training/awareness program. Interpretation for non-
English speaking workers will be provided. They will be advised of the potential impact to the
listed species and the potential penalties for taking such species. At a minimum, the program will
include the following topics: occurrence of the listed and sensitive species in the area, their general
ecology, sensitivity of the species to human activities, legal protection afforded these species,
penalties for violation of Federal and State laws, reporting requirements, and project features
designed to reduce the impacts to these species and promote continued successful occupation of
the project area environs. Included in this program will be color photos of the listed species, which
will be shown to the employees. Following the education program, the photos will be posted in
the resident engineer's office and Contractor's office, where they will remain throughout the
duration of the Project. The RESIDENT ENGINEER, CONTRACTOR, and USFWS-approved
biological monitor will be responsible for ensuring that employees are aware of the listed species.
2. Ensure that ESAs will be designated by erecting protective fencing delineating the project impact
boundary and sensitive habitats and that this barrier fencing will be constructed in such a way as to
restrict the movement of fauna into impacted areas but not trap wildlife within project construction
area. Be present for all ESA fence construction. Inform all parties associated with this Project to
strictly avoid these areas and that no construction activities, materials, or equipment will be
permitted in the ESAs. ESA fencing shall be monitored daily.
3. Relocate any specified animals using traps or other methods acceptable to the USFWS if
necessary. Relocation sites must be identified by the USFWS.
4. Be present at all pre -construction and pre -grade meetings and on -site during vegetation removal.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 15
FALCON
Engineering Services
Construction Management Scope of Services
5. Will have the authority to halt all associated project activities that may be in violation of any
biological opinion. In such an event, the Biologist will contact the USFWS within 24 hours.
6. Monitor that the construction work areas are delineated and marked clearly in the field prior to any
habitat removal, and the marked boundaries are maintained and clearly visible to personnel on foot
and heavy equipment operators. Shall strictly limit contractor personnel from activities and
vehicles outside the proposed project areas, staging areas, and routes of travel.
7. Monitor construction to ensure that vegetation removal, Best Management Practices (BMPs), ESA
fencing, and all avoidance and minimization measures are properly constructed, maintained and
observed.
8. Monitor that all equipment maintenance, cleaning, staging, and dispensing of fuel, oil, or any other
such activities, will occur in designated upland areas 50 feet from any channel. The designated
upland areas will be located in such a manner as to prevent any runoff from entering waters of the
United States, including wetlands.
9. Monitor that the typical erosion control measures, BMPs, in the vicinity of streams will be
employed in accordance with the conditions in the 401 Water Quality Certification requirements
of the Regional Water Quality Control Board.
10. Monitor the restriction of the use of invasive exotic plant species in landscaped areas adjacent to
or near sensitive vegetation communities. In compliance with Executive Order 13112, impacted
areas will be revegetated with plant species native to the area.
11. Monitor that all construction equipment will be inspected and cleaned prior to use in the proposed
project footprint to minimize the importation of non-native plant material per the Vehicle
Equipment Treatment Plan. Also monitor/verify that all mulch, topsoil and seed mixes used during
post construction landscaping activities and erosion control BMPs will be free of invasive plant
species propagules. Ensure that a weed abatement program will be implemented should invasive
plant species colonize the area within the project footprint post -construction per Weed Abatement
Plan.
12. Monitor that no off -road vehicle activity from construction personnel or other persons affiliated
with the Project will occur outside of the project footprint.
13. Monitor that all trash will be placed in covered containers and removed from the site daily.
14. Monitor that no pets or firearms will be permitted inside the Project's construction boundaries or
other associated work areas.
15. Monitor least Bell's vireo and other bird species per Nesting Bird Management Plan and Burrowing
Owl Protection Plan.
16. Biologist shall ensure that Environmental Commitments Record (ECR) activities are conducted
and assist CONSULTANT in filling out ECR.
17. Monitor that all soil/rock removal and storage activities will be restricted to the project footprint,
including staging and detour locations, and that no activities will be authorized that extend beyond
the boundaries of the project footprint.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 16
FALCON
Engineering Services
Construction Management Scope of Services
18. A Paleontological Mitigation Plan has been prepared for Project. A paleontological monitor will
monitor all subsurface -disturbing activities during construction. The Monitor will attend the
preconstruction meeting. Monitor will provide paleontological resource awareness training prior to
construction for one hour. A final summary report shall be prepared by monitor.
19. Monitor that proper signage be implemented to advise motorists that the vehicle speeds on unpaved
construction access roads will be restricted to a maximum of 25 MPH Speed limits must be reduced
to 5 MPH within wildlife corridors during nighttime construction.
20. Monitor that all culverts, bridges, and associated water passage structures will be maintained such
that water and sediment may pass between upstream and downstream locations and so asnot to
block the passage of wildlife.
21. Bat Surveys: CDFW approved biologist will conduct an additional nighttime survey during June -
August. Results of the survey will be submitted to CDFW for review. If a maternity colony is
discovered Biologist will develop measures and buffers to be submitted to CDFW for review and
approval. A Bat Avoidance, Monitoring, and Protection Plan will be prepared that details these
measures and buffers, among others detailed in the 1600 permit. Included in these measures will
be the inspection and removal of swallow nests in the fall to prevent bats from wintering over in
them. Biologist shall oversee the removal of mature trees and snags by the two-step process.
22. Biologist shall monitor construction and removal of water diversion in accordance with Avoidance
Management Plan.
23. At the end of each workday, Biologist or designee shall oversee the securing of all open trenches
so that animals are unable to enter and become trapped.
24. Monitor is to ensure compliance with any U.S. Army Corps of Engineers 404 permit authorization,
California Department of Fish and Wildlife 1600 permit, and the California Regional Water
Quality Control Board 401 permit.
25. Monitor shall wear Class II or Class III safety vest and hard hat at all times on the job site and shall
be aware of the location of all heavy equipment in the vicinity as they may not be visible to the
equipment operator.
26. All materials submitted will become the property of the CITY.
4.11 Neighborhood Communication /Public Information
Purpose:
To provide an efficient means for keeping traveling public, adjacent residents and businesses appraised
of the work activities they will encounter during construction. To provide a local contact telephone
number that residents and businesses may contact to pose questions and discuss concerns.
Approach:
Using the Neighborhood affairs strategy memorandum, developed per Section 2 of this scope,
CONSULTANT will prepare "Dear Neighbor" letters and door hangers as a means to communicate
with adjacent residents and businesses. Attending and facilitating public meetings, responding to
citizens and business owner's inquiries. Working with the CITY and Caltrans public information
offices.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 17
FALCON
Engineering Services
Construction Management Scope of Services
Assumptions:
All information for public use is to be reviewed for concurrence by the CITY and provided to the
CITY as requested.
Deliverables:
1. Attend CONSULTANT's Neighborhood/Business meetings on an as needed basis.
2. Minutes of any meetings listing questions posed by residents and business owners.
3. Work progress flyers (Dear Neighbor letters).
4. Door hangers if not provided by the Contractor.
5. Local contact number for CONSULTANT.
6. 24-hour hot line
7. Installation of a construction site video camera
8. Project web page maintenance and updates including current schedule, progress updates,
costs, public meeting information, camera feed, and project exhibits
9. Provide Draft "Friday" report items to the CITY and draft news releases as needed.
10. Coordinate with CHP, law enforcement, emergency services, transit, schools, etc. regarding
construction activities that may impact public safety.
4.12 Traffic Control and Signal Timing
Purpose:
To provide an efficient means for keeping traffic flowing through the site to adjacent residents and
businesses during construction.
Approach:
Using a Traffic Engineer, CONSULTANT will provide the necessary expertise to evaluate and
modify permanent and temporary traffic controls, including signal timing as necessary to ensure the
safe and efficient handling of traffic through the project site. Work with the CITY traffic engineering
offices.
Assumptions:
Any CITY desired changes to the traffic handling will be communicated to CONSULTANT in a
timely manner.
Any Contractor desired changes to the traffic handling plans will be handled per Section 4.3 of this
scope and require CITY concurrence prior to implementation.
Deliverables -
I. Monitor, review and provide recommendations for modifications to traffic handling during the
course of construction.
2. Prepare signal timing charts for traffic signals within and adjacent to project site as necessary to
promote improved traffic flow for the various phases of construction and maintain coordinated
timing to the extent possible (i.e., time -based coordination/GPS or wireless communication).
3. Work with the CITY to implement those signal timing charts.
4. Provide a recommended signal timing chart for implementation at project completion based on the
ultimate configuration.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 18
FALCON
Engineering Services
Construction Management Scope of Services
4.13 Submittal Management and Review
Purpose:
To provide an efficient means of processing and reviewing submittals, including working drawings,
shop drawings, product data, sample and other items furnished in accordance with Sections 5-1.02 and
5-1.02A of the State Standard Specifications, from the Contractor and forwarding applicable submittals
to the Project Designer as may be appropriate.
Approach:
CONSULTANT will develop a comprehensive submittal list for distribution to the Contractor and the
Designer. CONSULTANT will update and submit status submittal logs for review at each coordination
meeting. CONSULTANT will work with the Contractor and Designer (where applicable) to encourage
timely submission, review and approval of submittals as outlined in the Contract Documents, prior to
inclusion of submitted materials in the progress of the work. In addition, CONSULTANT will perform
the engineering reviews and approvals for working drawings and calculations provided by the
Contractor in accordance with Sections 5-1.02 and 5-1.02A of the State Standard Specifications and
within the review timeframes as specified in the applicable sections of the contract documents and
specifications. The following steps will be taken in reviewing the Contractor's submittals:
1. Log all submittals by Specification Section.
2. Ensure that the Contractor has provided a complete submittal, coordinated with the work of other
trades, and that all deviations have been noted. Submittal is returned to the Contractor if it is not
complete.
3. Construction Manager reviews submittal for general compliance with the specification.
4. Applicable Submittals are forwarded to Designer for formal review. Submittal status is logged.
5. Submittals sent to Designer are returned to CONSULTANT. Submittal status is logged.
6. CONSULTANT to perform engineering review of submittals consisting of working drawings and
calculations furnished in accordance with Sections 5-1.02 and 5-1.02A of the State Standard
Specifications. Such submittals shall be reviewed and approved by CONSULTANT's Resident
Engineer in accordance the above sections, other applicable sections of the State Standard
Specifications and the Caltrans Inspection Manuals for the associated work (i.e., Falsework,
Prestressing, Trenching and Shoring, etc.).
7. Approved submittals are returned to the Contractor for use in work. Submittal status is logged.
8. CONSULTANT to inform Contractor if a re -submittal is required.
Assumptions:
1. CONSULTANT will not be responsible for errors or omissions in submittal lists.
2. Coordination and submission of submittals in accordance with requirements of the contract is the
responsibility of the Contractor.
3. CITY will provide a listing of submittals to be reviewed by the Designer or others including
CITY staff.
4. CONSULTANT will not make an exhaustive review of Contractor's submittals except as noted
above.
CONSULTANT will forward to the Designer all submittals designated by the CITY to be reviewed
and approved by Designer. These submittals are typically for pre -manufactured materials and
assemblies specified in the Contract.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 19
FALCON
Engineering Services
Construction Management Scope of Services
Deliverables:
1. Submittal status log.
2. Check Calculations, where required.
3. Copy of all approval letters, approved working drawings, submittals, and final submittal log.
4. Request for Information (RFI) Management
4.14 Request for Information (RFI) Management and Review
Purpose:
To provide an efficient means of processing Requests for Information (RFIs) submitted by the
Contractor. The efficient management of RFIs permits timely communication between the Designer
and the Contractor.
Approach:
CONSULTANT will receive, log, and review all RFIs for completeness and verify the question is
reasonable and understandable. CONSULTANT will provide a short technical review of the RFI to
determine if the issue is addressed adequately in the contract documents. CONSULTANT will return
the RFI if the question is unclear or, in the opinion of CONSULTANT staff, the answer is contained in
the contract documents, noting where the requested information can be found in the contract documents.
CONSULTANT will track RFIs and facilitate the timely response from the Designer.
Assumptions:
The Designer will respond with an answer to all RFIs within the contract stipulated time period for
response. Facsimile or e-mail will be used to forward RFIs to the Designer and return responses to the
Contractor, with original documents to follow.
Deliverables:
1. Comprehensive log of all outstanding RFIs and their status.
2. Prepare responses to RFI's related construction issues
3. Transmit design related RFI's to design engineer and copy CITY Project Manager.
4. Conduct meetings with the Contractor and other parties as needed to discuss and resolve
RFI's.
4.15 Document Management
Purpose:
To provide the CITY with an electronic means of tracking all documents exchanged between the parties
involved in the construction of the Project.
Approach:
CONSULTANT will use File Index modified to conform to the Caltrans filing system to log all
documents in the project field office. Documents will be scanned into the document control system and
attached to the file index categories. All documents will be filed as an electronic file andhardcopy.
Assumptions:
1. CONSULTANT will file all documents following Caltrans log Index.
Deliverables:
1. Comprehensive logs of all documents in the project files (electronic and hardcopy). Electronic
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 20
FALCON
Engineering Services
Construction Management Scope of Services
files shall not require special software to read or access.
2. All hardcopy project documents exchanged on the Project between the various parties.
3. Establish and process project control documents to include:
0 Daily inspection and Resident Engineer's diaries
0 Weekly Newsletter and Weekly Statement of Working Days
0 Monthly progress report and monthly progress pay estimate
0 RFI's, Submittals
Correspondences with Contractor, Caltrans, Permitting Agencies, Utility Companies,
Regulatory Agencies, and other stake holders
Survey requests and survey notes
Materials receipts, materials testing results, and certificate ofcompliance
Mix designs for PCC, CTPB, AC, AB
4.16 Review Certified Payrolls
Purpose:
To verify the Contractor provides certified payroll reports in conformance with the provisions of the
contract and applicable State and Federal Law. To verify certified payroll reports contain information
required by the Labor Code.
Approach:
CONSULTANT will receive and review certified payrolls from the Contractor and each of its
subcontractors. CONSULTANT will check for the "Statement of Compliance" from the Contractor
and/or subcontractors and spot-check wages for each classification of laborer or craftsperson.
CONSULTANT will notify the CITY and the Contractor of all discrepancies and/or errors and request
a corrected Certified Payroll.
Assumptions:
1. CONSULTANT will conduct employee interviews, for the purpose of verifying payment of
prevailing wages. CONSULTANT will perform a minimum of one interview per trade, per
Contractor per month.
2. CONSULTANT will not be held responsible for enforcement of the Labor Code.
3. CONSULTANT will maintain a weekly list of subcontractors working on the Project.
4. CONSULTANT will not be responsible for identifying every worker on site.
Deliverables:
Hardcopies of the Contractor's certified payrolls maintained in the project files.
4.17 Storm Water Pollution Prevention Plan (SWPPP)
Purpose:
To protect the CITY from potential fines from regulatory agencies by monitoring contractors' activities
regarding pollution prevention controls and/or activities for general compliance with the Contractor's
SWPPP Best Management Practices (BMP).
Approach:
CONSULTANT will observe the Contractor's work area for general compliance with the SWPPP Best
Management Practices (BMP) and notify the Contractor if the pollution prevention controls are not in
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 21
FALCON
Engineering Services
Construction Management Scope of Services
accordance with the SWPPP. Failure to revise and correct conditions will be caused to have the CITY
take corrective action. Immediate shutdown of the Contractor's work may be required, if conditions are
in non-compliance with the SWPPP or other permit conditions.
Assumptions:
1. CONSULTANT will not provide full time inspections of Contractor's work areas for
compliance with the Contractor (s) SWPPP and BMP.
2. CONSULTANT will not be responsible for Contractor (s) means and methods forcomplying
with the BMP listed in the SWPPP.
3. CONSULTANT will not be responsible for costs incurred by the Contractor (s) for its failure to
comply with its SWPPP.
4. CONSULTANT will document site conditions with respect to SWPPP and BMP weekly and
maintain a separate file for said reports.
Deliverables:
Contractor(s)' SWPPP monitoring reports and CONSULTANT documentation of site conditions kept
in project file for the record.
5 — Construction Inspection Services
5.1 Inspection and Documentation
Purpose:
To provide the CITY with documentation of construction activities, duration of activities, manpower
and equipment allocation, inspections, and work conditions.
Approach:
CONSULTANT will provide experienced and qualified inspectors (qualified by the State of California
Department of Transportation) acceptable to the CITY, Caltrans, and other surrounding cities.
Inspectors will document the Contractors' daily activities, manpower loading, on -site equipment and
items considered pertinent to the Project. Construction contractor may be working on site 24 hours per
day. CM services are to be provided to enforce the construction contract requirements.
CONSULTANT will coordinate and manage the utilization of CONSULTANT's inspectors for the
purpose of providing daily inspections and/or special inspections as deemed necessary and beneficial
for proper completion of the Project, or, at the CITY's direction, CONSULTANT will negotiate and
enter into sub -consultant agreements with qualified inspectors including special inspectors, as needed,
and defined in Task 2.5.
Assumptions:
1. CONSULTANT shall provide inspectors who are experienced and qualified for the inspection
required.
2. All inspections will be within the project limits.
Deliverables:
1. The Inspectors will ensure compliance with all aspects of this construction contract by
continuously monitoring, evaluating, approving, or rejecting the Contractor's work in accordance
with the approved construction contract and Caltrans requirements.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 22
FALCON
Engineering Services
Construction Management Scope of Services
2. CONSULTANT Inspector's daily and/or special inspection reports maintained in the
CONSULTANT project files and turned over to the CITY at the completion of the Project. Copies
of these daily reports will be submitted upon request.
3. Take and maintain digital photographs and videos as necessary to provide documentation of
construction activities. All photos will be logged, dated, and kept in project files.
4. Verify field measurements for compliance with contract plans and specifications and provide
quantity calculations for progress payments.
5. Continue to update an As -Built set of plans and review contractor's marked set.
6. Conduct weekly project meetings, prepare, and distribute to all designated parties.
7. Review the updated construction schedule and maintain record.
8. Review laboratory, shop and mill test reports of materials and equipment, and coordinate with
design engineers as required, to ensure compliance with contract and Caltrans requirements to
guard against defects and deficiencies in the project work.
9. As appropriate, require special inspection or testing, or make recommendations to the CITY
regarding special inspections or testing of work not in accordance with the provisions of the
contract documents whether or not such work is fabricated, installed or completed. Subject to
review by the CITY and Caltrans Inspectors may reject work which does not conform to the
provisions of the contract and approving agencies.
10. Establish and process job control documents including:
0 Daily inspection diaries
Resident Engineers daily.
0 Monthly construction progress payment
0 Request for information
0 Survey requests
0 Materials receipts
0 Weigh master certificates
0 Materials submittals
0 Weekly statements of working days
0 Construction change orders
0 Review of certified payrolls
5.2 Materials Testing, Construction Testing & Quality Assurance Program (QAP)
Purpose:
To provide project site and laboratory testing of construction materials used in the Project for the
purpose of determining quality and acceptability of materials and workmanship incorporated into the
Project and in compliance with the contract documents.
Approach:
CONSULTANT will coordinate and manage the utilization of the materials and testing laboratory for
the purpose of providing laboratory and field-testing of materials in accordance with test methods and
frequencies specified in the contract documents, as required by the California Test Methods, and
Caltrans' Quality Assurance Manual.
Assumptions:
1. It is assumed that the CITY will not provide the Materials Testing services on this contract under
the direction of the CM.
2. CONSULTANT shall provide material testers and laboratory technicians who are experienced and
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 23
FALCON
Engineering Services
Construction Management Scope of Services
qualified for the inspection required.
3. CONSULTANT will ensure the implementation of the Quality Assurance Program for source
inspections, materials acceptance, and special inspections as required by the contract.
4. All material testing, materials acceptance and special inspections will be within the project limits
or as required by the contract.
5. Contractor must formally request testing in writing. If no formal request is made (at what time), the
CM will ensure the Contractor will stop the effected work until testing is complete and materials
are deemed acceptable.
Deliverables:
1. Laboratory test reports maintained in the CONSULTANT project files and turned over tothe
CITY at the completion of the Project.
2. Summary sheet of all test reports submitted by others to substantiate compliance with contract
documents.
3. Summary sheets of all Certificates of Compliance or source release tags furnished by the
Contractor along with the applicable delivered materials at the job site.
4. Testing summary sheets.
5. Coordinate source inspections and special inspections as required by the contract document and
the Quality Assurance Program.
5.3 Surveying
Purpose:
To provide construction survey staking services for the construction of storm drains, curb & gutters,
other utilities, street sections, sub -grades, bridges, walls and for monitoring settlement and other
appurtenances as may be required for completion of the I-15/French Valley Parkway Improvements —
Phase II Project.
Approach:
CONSULTANT will manage all survey staking services necessary for the construction of this Project.
Resident Engineer will review Contractor's survey staking request for completeness and adherence to
the boiler plate of approved survey activities (including interval spacing) and schedule survey staking
in a timely manner.
The survey staking services shall conform to Section 11 "Engineering Surveys" and Section 12
"Construction Surveys", both Caltrans Survey Manual, the Land Surveyors Act and the following
requirements:
1. Responsible Charge for the work shall reside with a Registered Civil Engineer possessing a license
issued prior to January 1, 1982, or a licensed Land Surveyor, issued by the State of California.
2. Construction staking shall begin no later than two working days after the initial request is made
through the CONSULTANT's Resident Engineer and received by the Land Surveyor; working
days will be determined by the Land Surveyor's standard work week.
3. CONSULTANT will ensure that all survey -staking services are coordinated to meet the
Contractor's operations schedule; staking requests are submitted and reviewed in a timely manner.
Any penalties associated with time delays that are a result of a failure to provide approved staking
requests to the Land Surveyor in a timely manner will be borne by the CONSULTANT.
4. CONSULTANT will provide field office support and office space to the survey crews and check
field staking notes after staking.
5. CONSULTANT survey staking sub -consultant, if required and approved by the CITY, shall
provide all labor, tools, equipment, and other miscellaneous items necessary to perform their
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 24
FALCON
Engineering Services
Construction Management Scope of Services
work, and providing one set of construction stakes as required by the construction contract.
6. Where conflicts between Caltrans guidance and CITY guidance occurs, the CITY guidance will
be followed. For example, the CITY does not support Automated Machine Guidance (AMG)
activities.
Assumptions:
1. It is assumed that the CITY will not provide the Survey services on this contract under the
direction of the CM.
2. A minimum standard of survey quality shall be that of similar surveys performed by CITY and
Caltrans.
Deliverables:
1. Maintain log of construction staking requests.
2. Maintain a construction -staking plan set in the field office for review, reference, and document any
as -built changes.
3. Maintain files of all field notes for review and reference.
4. Limits of clearing and grubbing will be flagged at 100-foot intervals.
5. Slope Stakes will be placed at 50-foot intervals. Rough grade will be staked at all grade breaks and
at 50-foot intervals. Slope stakes will be provided forroadway.
6. Finished grading stakes will be provided at all grade breaks and points of curvature (BC, EC, PRC,
PCC, etc.) with curb and gutter stakes placed at 25-foot intervals, and edge pavement stakes placed
at 50-foot intervals. Additional stakes at intermittent intervals can be provided where project
conditions require, such as tight radius curves, etc.
7. Utilities will generally be controlled by adjacent construction staking or adjacent facilities with the
Land Surveyor providing staking of project features and/or project right-of-way in the vicinity of
the utility in question. Storm drains will be staked at 50-foot intervals. Water and sewer lines, when
required, will be staked at grade breaks, angle points, appurtenances (valves, crosses, ends, etc.)
and at 50-foot intervals; 25-foot interval spacing will be used when the grade is less than 0.3
percent. Stakes will be provided at the ends of pipes (with a corresponding "Line Only Point" stake)
and at appurtenances, drop inlets shall be staked with two 5-foot offset stakes parallel to curb,
showing offset to curb line; the local depression is the Contractor's responsibility.
8. Retaining walls, bridge abutments and bents: one set of stakes will be provided for bridge
construction as follows: At each abutment, pier or bent the corners of each footing will be staked,
and three stakes will be provided: One stake will be provided at the intersection ofthe control line
and abutment/bent/pier centerline. The other two stakes will be placed on the centerline of the
abutment/pier/bent, one on either side of the structure, offset as requested by the Contractor.
Approach slabs will be established at limits of slabs, with one set of stakes to offset requested by
the Contractor. Retaining wall staking will be provided at not less than 20- foot intervals or exceed
50-foot intervals. The Contractor shall provide retaining wall intermediate staking and additional
survey controls as required to construct the structure to the grades and tolerances required by the
Standard Specifications and Special provisions.
9. Other improvements such as permanent delineation, signs, lighting, signals, traffic detector loops,
guard rails, etc., will be staked by the Construction Engineer.
10. Monuments established by the CONSULTANT shall be marked by the CONSULTANT with State
furnished disks, plugs, or tags. In addition, the CONSULTANT shall identify CONSULTANT
established monuments by tagging or stamping the monuments with the license or registration
number of the CONSULTANT's surveyor who is in "responsible charge" of the work.
Replacement of Survey monuments shall be the responsibility of the CONSULTANT. All new
monuments shall be set in accordance with current Caltrans, CITY and Land Surveyors Act
requirements.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 25
FALCON
Engineering Services
Construction Management Scope of Services
5.4 Review and Maintain "As Constructed Schedule"
Purpose:
To track Contractor's progress during construction of the Project.
Approach:
CONSULTANT will use the daily inspection reports prepared by CONSULTANT inspectors, the
contractors' schedule, site observations, and other sources of information, to track and document
the Contractor's actual progress. The Contractor's baseline critical path schedule or most recent
accepted update will be used as a basis for comparing planned versus actual progress. The CPM
software described in Section 3 will be used to track the Contractor's progress and build a schedule
based on the Contractor's activities.
Assumptions:
Monitoring will be on a continuous basis and the "as constructed" schedule will be updated
monthly.
Deliverables:
An "As Constructed Schedule" with one electronic file (readable by software used by the CITY)
and one hardcopy.
5.5 Maintain Photographic and Video Records of Construction Progress
Purpose:
To provide the CITY with a photographic record of the Project, before, during and after construction.
Approach:
Using digital photography, and construction video recording cameras, CONSULTANT will record the
Contractor's progress during construction on a daily basis or otherwise as approved by the CITY. Care
will be taken to record all items and/or conditions that have or may have a bearing on claimed extra
work.
Assumptions:
All photographs will remain at the CONSULTANT office until the end of the Project. Video will be
recoded and saved as part of the project records. Video will also be made available to the public via the
Project web site.
Deliverables:
1. A detailed photographic history of all phases of the Project will be maintained in project files.
2. Construction video cameras, with pan, zoom, tilt capabilities are to be installed prior to construction
start and maintained throughout the Project. Camera(s) will be placed so as to capture the widest
range of activity and clearest views of the Project to the extent possible. Cameras may be required
to be relocated as project phases change. Coordination with CITY to provide live video feed via
the CITY's website is required. CONSULTANT is responsible for providing an appropriate power
source for the cameras. Solar power may be considered.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 26
FALCON
Engineering Services
Construction Management Scope of Services
5.6 Review and Maintain "As Built" Drawings
Purpose:
To provide the CITY with accurate record drawings for the Project.
Approach:
CONSULTANT will monitor the Contractor's required record drawings on a monthly basis. In addition
to monitoring the Contractor's drawings, CONSULTANT will maintain a copy of the contract plans for
the Project. CONSULTANT will ensure that items that may not normally be shown on the Contractor's
set of record drawings but are of importance to the CITY and Caltrans are included in the as -built
drawings. This information is not necessarily construction related, but is Project related and may be
important in future maintenance and/or construction projects.
Assumptions:
1. Contract documents will require Contractor to prepare redline as -built drawings to reflect as -built
conditions during the course of construction.
2. The CONSULTANT will be responsible for ensuring the contactor maintains red line changes and
will be responsible for making redline changes to one complete set of plans.
3. CONSULTANT will assist in answering questions regarding the red line drawings, providing
sketches or other clarifications to the design engineers for preparation of final as built record
drawings.
Deliverable -,-
One set of marked up contract drawings. This set will be in addition to the Contractor's marked up
set of contract drawings.
5.7 Final Inspection and Punch -list
Purpose:
To identify elements of construction requiring correction prior to final acceptance by the CITY.
Approach:
CONSULTANT will perform a project inspection of the completed construction following substantial
completion. During the inspection, the CONSULTANT will develop a list of contract work requiring
correction or rework. The written list of deficient work (punch -list) will be delivered to the CITY and
CONTRACTOR. The final punch -list will include items to be corrected that were identified previously
during the course of construction.
Assumptions:
1. The CITY will identify any key or other permitting agency (City) personnel to be included in the
final inspection.
2. CONSULTANT will contact and schedule all required final inspection.
3. CONSULTANT will prepare the final punch -list.
Deliverables:
Final punch -list
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 27
FALCON Construction Management Scope of Services
Engineering Services
5.8 Final Acceptance — Punch List Assistance
Purpose:
To provide the CITY with reasonable assurance that the work of the Project has been completed in
compliance with the general intent of the contract documents.
Approach:
CONSULTANT will coordinate a walk-through with the CITY, the Designer, and the Contractor.
CONSULTANT, with assistance from the CITY and the Designer will prepare a punch list indicating
all deficiencies and/or omissions noted in the walk-through. CONSULTANT will then forward the
punch list to the Contractor for correction of the work in accordance with timelines defined in the
contract. CONSULTANT, in conjunction with the CITY as necessary, will inspect items on the punch
list once the Contractor has notified the CONSULTANT that the work is complete. Completed items
on the punch list will be signed off by the CONSULTANT. Upon completion of the punch list work
the CONSULTANT will notify the CITY that the work is complete and forward a copy of the
completed punch list.
Assumptions:
CONSULTANT will provide a preliminary punch list of outstanding work items to the Contractor.
CONSULTANT will ensure all punch list items are completed prior to requesting a final walk- through
from the CITY and the Designer.
Deliverables:
Completed and signed -off punch -list submitted to the CITY with the closeout documents.
6 —Construction Closeout Activities
6.1 Contract Closeout
Purpose:
To provide the CITY with final closeout documentation, including any permit completion
documentation.
Approach:
CONSULTANT will turn over all project files, contract correspondence and documents including
final logs at time of project completion.
Assumptions:
CITY will file final Notice of Completion and Acceptance of Work.
Deliverables:
1. Notice of Completion form for the CITY.
2. Notices of Completion for any Permits, including "duplicate" permits for Project and
documentation showing the NOT has been recorded.
3. Copy of the Contractor's performance bond, good for the warranty period.
4. Final project documentation in accordance with the requirements of the Caltrans local assistance
manual and FHWA requirements.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 28
FALCON Construction Management Scope of Services
Engineering Services
6.2 Project As -Built Drawings
Purpose:
To provide the CITY with accurate record drawings indicating all changes and as- built conditions.
Approach: In addition to monitoring the Contractor's record drawings, CONSULTANT will maintain
a copy of up-to-date contract plans for the purpose of aiding the Designer in final review of the record
drawings.
Assumptions:
1. The Contractor will be responsible for preparing the record drawings in both reproducible and
electronic formats.
2. CONSULTANT will assist the Designer in review and final approval of the as-builtrecord
drawings.
Deliverable -,-
One set of contract drawings indicating recorded changes to the contract, as maintained by
CONSULTANT. This set will be in addition to the Contractor's marked up set of contract drawings.
Provide one copy of the revised Mylar drawings. The design consultant will prepare the record
drawings for the Project.
6.3 Final Project Report
Purpose:
To provide the CITY with a written history of the construction contract. The contents of the final
report are to fulfill federal requirements for federal financial participation.
Approach:
CONSULTANT will review the project documents and prepare a written report for the CITY.
Assumptions:
CITY will provide input to CONSULTANT regarding the form of the final report and federal required
documents to be included in the report.
Deliverables:
One hard copy and one electronic file will be provided.
6.4 Final Payment, Final Report of Expenditure Checklist
Purpose:
To provide the CITY with the final contract cost and final balance due the Contractor. Also prepare
Report of Expenditure Checklist for federal reimbursement including all necessary attachments.
Approach:
Following completion of the contract work, CONSULTANT will, in accordance with the Designer,
determine the final quantities and cost of all outstanding unit price work and all outstanding approved
change order work. CONSULTANT will prepare for the CITY and the Contractor, a final balancing
change order quantifying the final contract amount. Contractor will include amount of final balancing
change order in submission of last certified a l2lication for a= v nt submitted to CONSULTANT.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 29
FALCON
Engineering Services
Construction Management Scope of Services
Once approved, CONSULTANT will forward application for payment to the CITY for final approval
and processing.
Assumptions:
1. There are no outstanding issues or claims.
2. The CITY is responsible for filing Notice of Completion and addressing all subcontractor claims
prior to release of final payment. The CITY will file the Report of Expenditure Checklist for federal
reimbursement.
Deliverables:
1. Final Pay Estimate including finalized bid items, claims, change orders, punch -list items, and
corrected shop drawings.
2. Contractor's last certified application for payment with application certificate.
3. Report of Expenditure Checklist with attachments
4. Federal final report including all attachments.
6.5 Audit Support
Purpose:
To assist CITY during any future audits of the Project.
Assumptions:
CITY may be audited one or more times following project close-out. The CITY will issue a future task
order to pay for support services during any such audits, should they request these services.
Deliverables:
CONSULTANT will participate in the audit process at the CITY offices and provide any and all
documentation from the Project as requested by the auditors, and attend meetings as needed.
7 — Field Office and Emplovee�pment
CONSULTANT will have a field office which include furniture, phones, computers, fax machine,
Internet services, copying/reproduction machine, file cabinets, and site safety equipment required for
field staff to perform their work.
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 30
FALCON
Engineering Services
Construction Management Scope of Services I Responsibility Matrix
8 —Responsibility Matrix
.. WOL610612 0 RUN •
mamma
,
lotReview
project baseline schedule provides recommendations and
Schedules,
ensures efficiency. Advise if a recovery schedule is required to
Correspondence
Ashraf, Juan
overcome delays.
Communication
ppicoorctinate witn
Meet with all utility companies responsible for relocating their
Meeting agenda
Ashraf, Juan
Utility Agencies
lines and equipment.
minutes
Evaluate the Design Engineer's proposed schedule for
Construction
construction duration and cost. Provide a plan for the
Schedule for on-
Ashraf, Juan
procurement of long -lead items.
time completion
Review and assist in staging and traffic management plans for
Review and
Ashraf, Juan
compliance with the law and project specifications.
monitor plans
,
Arrange a pre -construction meeting with agencies, contractors,
the design engineer, and utility companies and address all
Meeting agenda
Juan, Scott,
concerns. Review contract administrative items. Meetings will
and minutes
Sarah
be conducted principally in person or video conferencing as
per request.
Administer Project Construction Contracts using Caltrans
Conformance to
City and
' •
Construction Manual, Permit conditions, the City's
compliance with
Ashraf, Juan,
• •
standards/permit conditions, State and relevant City procedures,
LAPM Chapter 16
Sarah
and permits.
filing system
Conct coordination meetingsCity
thnheerson
rMeetings will
Meeting agenda
Juan, Scott,
• • • •
Caltrans.uct
be conducted principally p or
and
and minutes
Sarah
•
video conferencing as per request.
Prepare and implement a Project Management Plan.
Project
Management Plan
Juan
Perform &
• •
Coordinate all required inspections necessary for the Project.
Document
Juan, Scott,daily
on -site
Inspectors
inspections
Prepare Contractor's progress payments and maintain records and
Certified Pay
Juan, Scott
supporting documentation. The City to review and approve.
Request
Maintained filing system by the City and Caltrans LAPM for
Electronic files,
Juan, Scott,
' • • •
•
project documentation.
project files/logs
Sarah
• •
Review project schedule, provide recommendations, and ensure
Evaluate proposed
Juan, Scott,
•
efficiency.
schedule
Eric
Conduct weekly meetings to discuss schedule, change orders,
-
Meetings
extra work, contract pay item, submittal status, RFI's, safety,
Meeting agenda
Juan, Sarah
deficiencies, cost, project budget, etc. It will be conducted
and minutes
Cost & Schedu7le
principally in person or video conferencing as per request.
CITY OF TEMECULA I 1-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 31
FALCON
Engineering Services
Construction Management Scope of Services I Responsibility Matrix
MAN a I CLWKWVJQN79 6 MUM 0 Me
�]_Mm
!itllcal
•
7su�mma�ry,.to
Prepare and submit a monthly report, i.e., SWPPP updates, RFIs,issues'D
• • _
CCOs, potential claims, construction activities update, theprojectschedule
mpact,
Juan, Sarah
budget and schedule status, highlights, and critical issues.
work progress
forecast
Accurate
Juan,
• •
Review certified payroll records and ensure compliance.
documentation
Mohammad,
Sarah
Monitor compliance with the applicable labor laws and contract
Verify Payrolls,
Juan,
.. • • .
requirements, such as prevailing wage requirements. Coordinate
Employee
Mohammad,
with the City.
Interviews
Sarah
Assist and review, approve and monitor the Contractor's SWPPP.
SWPPP review
' ' '
Review, monitor, document and enforce contractor safety
and updates
Dion Juan
procedures for compliance with laws and regulations.
Ensure coordination with the City, Contractor, surveyor, material
Ashraf, Juan,
•
inspector and utility companies, design engineer, US Army Corp
Monitor/Track/
Scott, Sarah,
• • • •
of Engineers, California Department of Fish and Wildlife, cities,
Coordinate
Inspectors
and the public.
. • • •
Coordinate review of shop drawings and RFI with the designer.
Log and track
submittal request
Juan, Scott
•
Maintain a log of non -compliant work items. Assist in the
Deficiency Log
Juan, Sarah
implementation and processing of change orders.
' • •
Document contractor's daily operations. Provide daily diaries.
Daily reports,
Juan,
' • •
field measure
Inspectors
Review and approve shoring plans.
Review and
Scott, Juan
•
approve
• • •
Adhere to City procedures, maintain a hard -copy file, and
Accurate
Juan, Sarah
maintain a construction filing system.
documentation
' •
Review and track all submittals for completeness and
Submittal
Juan, Scott,
•
constructability. Issue a weekly statement of working days,
Approvals & Log
Sarah
showing days remaining, rain days, etc.
Review, monitor, document, and enforce contractor safety
procedures for compliance with laws and regulations. Safety
• •
requirements, training, certification, the City/OSHA
Conduct regular
Ashraf, Juan,
Requirements, Caltrans Construction Manual, and State of CA
safety/tailgate/
Dion, Scott,
• '
Construction Safety orders. Implement all new guidelines
meetings
Inspector
• •
associated with the COVID-19 Pandemic for personal safety &
social distancing.
Review the Contractor's red line drawings submitted to the
As -Built Redline
Juan, Scott,
designer.
Inspector
Continuation of pre -construction activities. Assist in the
Permits,
Ashraf, Juan
coordination and scheduling of utility work.
Easements
Cost Review
Perform claims administration, coordination and monitoring
Claims assistance
Contractclaims,
response preparation, logging claims, and tracking claims
and Logs of
Ashraf, Juan,
iiil�iiwwwwltf
status. Review CCOs proposed by the Contractor. Recommend
Potential and
Scott
needed CCOs, and track cash flow for CCOs.
Issued CCOs
Notifications/form
Ashraf, Juan,
Coordinate activities and closures with the City, Caltrans, and
s
Sarah,
• • • •
CHP
submittals/budget
Inspectors
s
CITY OF TEMECULA I I-15 FRENCH VALLEY PKWY IMPROVEMENTS PHASE II, PW 16-01 32
OUTSOURCED PROJECT SUPPORT
Constructio form survey and monitaT3RRC2fTuirements. Establish
Survey trol /grade stakes for basic line and grade.
Right -of -Way etuate existing monumentation. Final monumentation.
Lines / Special 11[ntify the location, which includes drainage, utility, and survey
Faterial Sampli vide and monitor material testing, and review geotechnical
and Testing orts that conform to Caltrans standards, specifications, and
/Geotechnical cial provisions.
Quality Assurance Inspect work to ensure compliance with contract documents.
/ Inspection Reject unacceptable work using Deficiency Log. Observe the
work of special inspectors when required.
Drone
s Photos
Project Closeout
"As -Built"
Drawings
Final Walk -
Certificate of
Completion
Monitor, develop, review, and ensure environmental commitment
report requirements compliance. Review and enforce
requirements stipulated in permits issued by regulatory and
environmental agencies. Maintain/update the master
Environmental Commitments Record (ECR) for project
compliance /audit. Establish an Archaeological Monitoring Area
(AMA) and an Environmentally Sensitive Area (ESA) plan.
Holding an open house community meeting, a groundbreaking
event, a coordinating community meeting, and a ribbon -cutting
event. Take pre -construction photos and videotape conditions.
qqliFlyer, web page, social media). Daily photos, Drone flights,
erial photos and videos. Provide extensive photography, social
media, app development, FAA drone laws, and 3D modeling
experience.
POST CONSTRUCTION
Descript
Record
Restoring,
Renewing,
resetting
Testing Results
Daily In
Reports,
and Def
Log
Inspection
Photo log, L
Weekly and
Monthly Re
Deliverables
ence
ATTACHMENT NO. 03 — CONSULTANT CONTRACT DBE COMMITMENT
Page 31 of 31
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT
1. Local Agency: City of Temecula
2. Contract DBE Goal: 19%
3. Project Description: 1-15/French Valley Parkway Improvements, Phase II PW 16-01
4. Project Location: Along 1-15 from Winchester Road/1-15 Interchange north of the 1-15/1-215 Junctions
5. Consultant's Name: FALCON Engineering Services, Inc. 6. Prime Certified DBE: ❑
7. Description of Work, Service, or Materials
8. DBE
Certification
9. DBE Contact Information
10. DBE %
Supplied
Number
Arellano Associates, Genoveva Arellano, President
Community Outreach
41199
5851 Pine Avenue, Suite A, Chino Hills, CA 91709
1 %
909.627.2974, garellano@arellanoassociates.com
CL Surveying, Daniel Calvillo, President
Construction Survey
38284
400 East Rincon St. Suite 202, Corona, CA 92879
9%
909.484.4200, Dan@cl-survey.com
CIVIC Project Solution, Chrissy Constantino, Preside
it
Scheduling
50602
11761 Clover Lane, Garden Grove, CA 92841
1 %
877.778.2337, ccostantino(@cmcprojectsolutions.com
Skyline Consultants, Maliha Malik, President
Roadway/Structure Inspection
50918
2900 Crestview Drive, Norco, CA 92860
8%
951.316.6408, mmalik@skylineconsults.com
Local Agency to Complete this Section
17. Local Agency Contract Number: PW16-01
11. TOTAL CLAIMED DBE PARTICIPATION 19
18. Federal -Aid Project Number: INFRALUL-5459(031)
19. Proposed Contract Execution Date: 04/11/2023
20. Consultant's Ranking after Evaluation: 1
IMPORTANT: Identify all DBE firms being claimed for credit,
Local Agency certifies that all DBE certifications are valid and information on
regardless of tier. Written confirmation of each listed DBE is
this form is complete and accurate.
required.
��\ _(Q 03/06/2023
' ' September 1, 2022
21. Local Agency Representative's Signature 22. Date
12. Preparer's Signature 13. Date
Avlin R. Odviar, PE 951-693-3969
MahaFagih (951)768-9419
23. Local Agency Representative's Name 24. Phone
14. Preparer's Name 15. Phone
Principal Civil Engineer
President
25. Local Agency Representative's Title
16. Preparer's Title
DISTRIBUTION: Original — Included with consultant's proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
LPP 18-01 Page 1 of 2
January 2019
Local Assistance Procedures Manual
Exhibit 10-02
Consultant Contract DBE Commitment
1. Local Agency:
3. Project Description:
4. Project Location:
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
City of Temecula 2. Contract DBE Goal
1-15/French Valley Parkway Improvements, Phase II PW 16-01
Along 1-15 from Winchester Road/1-15 Interchange north of the 1-15/1-215 Junctions
19%
5. Consultant's Name: FALCON Engineering Services 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $8,880,275.70
8. Total Dollar Amount for ALL Subconsultants: $3,812,609.80 9. Total Number of ALL Subconsultants: 11
10. Description of Work, Service, or Materials
11. DBE
Certification
12. DBE Contact Information
13. DBE
Dollar
Supplied
Number
Amount
Arellano Associates, Genoveva Arellano, President
Community Outreach
41199
5851 Pine Avenue, Suite A, Chino Hills, CA 91709
$120,000
909.627.2974, arellano arellanoassociates.com
CL Surveying, Daniel Calvillo, President
Construction Survey
38284
400 East Rincon St. Suite 202, Corona, CA 92879
$800,000
MC Project Solution, Chrissy Constantino, PresidE
nt
Scheduling
50602
1761 Clover Lane, Garden Grove, CA 92841
$100,000
77.778.2337, ccostantino@cmcprojectsolutions.corn
Skyline Consultants, Maliha Malik, President
Roadway/Structure Inspection
50918
2900 Crestview Drive, Norco, CA 92860
$744,836.89
Local Agency to Complete this Section
gg
1,764,836.89
20. Local Agency Contract PW16-01
Khiml -''
14. TOTAL CLAIMED DBE PARTICIPATION
21. Federal -Aid Project Number: INFRALUL-5459(031)
22. Contract Execution 04/11 /2023
19
nntP
Local Agency certifies that all DBE certifications are valid and information on
IMPORTANT: Identify all DBE firms being claimed for credit,
this form is complete and accurate.
regardless of tier. Written confirmation of each listed DBE is
required.
03/06/2023
�Ir 11/30/2022
23. Loc I Agency Representative's Signature 24. Date
15. Preparer's Signature 16. Date
Avlin R. Odviar, PE 951-693-3969
MahaFagih 951.768.9419
25. Local Agency Representative's Name 26. Phone
17. Preparer's Name 18. Phone
Principal Civil Engineer
President
27. Local Agency Representative's Title
19. Preparer's Title
DISTRIBUTION: 1. Original — Local Agency
2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de -obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Page 1 of 2
July 23, 2015
Alk
c7"
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II
Circulation Project
Project Description: This project includes the design and construction of the
two lane northbound collector/distributer road system beginning north of
the Winchester Road Interchange on -ramps and ending just north of the
1-15/1-215 junction with connectors to 1-15 and 1-215.
Benefit: This project will address and improve traffic circulation in the City's
northern area by providing the northbound collector/distributer road system.
Core Value: Transportation Mobility and Connectivity
Project Status: The environmental re-evaluation and design are estimated to
be completed in Fiscal Year2021-22.
Department: Public Works - Account No. 210.265.999.726 / PW16-01
Level: I
Project Cost:
Prior Years
Actuals
2021-22
Adjusted
2022-23
Proposed
Budget
2023-24
Projected
2024-25 2025-26
Projected Projected
2026-27
Projected
Total Project
Cost
Administration
2,791,745
339,054
300,000
300,000
170,000
3,900,799
Construction
88,950,000
88,950,000
Construction Engineering
1,279
10,899,721
10,901,000
Design & Environmental
18,752,330
716,973
19,469,303
Land Acquisition
9,393,251
6,120,000
15,513,251
Utilities
1,993
1,993
Total Expenditures
1 30,940,599
107,025,748
300,000
300,000
170,000
138,736,346
Source of Funds:
CFD 01-02 (Harveston)
1,005,840
1,005,840
DIF-Street Improvements
75,360
75,360
General Fund
4,236,174
4,236,174
INFRA Grant
50,000,000
50,000,000
Measure A
1,627,914
1,627,914
Measure S
454,000
4,807,585 300,000 300,000 170,000
6,031,585
Reimbursements
6,008,000
6,008,000
SAFETEA-LU
1,602,360
1,602,360
STIP-Surface Transportation
47,600,000
47,600,000
Improvement Program
TUMF (CETAP/RCTC)
472,841
999,668
1,472,509
TUMF (RCTC)
2,343,000
2,343,000
TUMF (WRCOG)
11,450,112
5,283,492
16,733,604
Total Funding
27,673,241
110,293,105 300,000 300,000 170,000
138,736,346
Future Operating & Maintenance Costs:
85
Alk
c7"
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II
Circulation Project
2022-23
Prior Years
2021-22 Proposed 2023-24 2024-25 2025-26 2026-27
Total Project
Project Cost:
Actuals
Adjusted Budget Projected Projected Projected Projected
Cost
Total Operating Costs
Notes :
1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds.
2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000).
3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E).
$200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW.
4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875
($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase 11.
5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724
PA&ED;3,934,296 PS&E) for Phase I and Phase 11.
6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I.
7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947
DESIGN; $106,603 City Match).
86
Item No. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: April 11, 2023
SUBJECT: Adopt Resolution Finding that an Emergency Condition Continues to Exist Within
the Meaning of Public Contract Code Sections 20168 and 22050 and Appropriate
Additional Funding for Emergency Repairs
PREPARED BY: Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS
A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY
RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY
CONDITION AND DECLARING THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRES CERTAIN WORK
TO BE PERFORMED WITHOUT COMPETITIVE BIDDING
PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 20168
AND 22050, AND BY RESOLUTION NOS. 2023-20 AND 2023-
26, FINDING THAT AN EMERGENCY CONDITION
CONTINUES TO EXIST, AND TO APPROPRIATE FUNDING
FOR EMERGENCY REPAIRS
RECOMMENDATION: That the City Council appropriate an additional $50,000 from the
General Fund to complete emergency repairs.
BACKGROUND: On February 28, 2023, City Council approved the adoption of
Resolution No. 2023-17 Declaring an Emergency Condition and Declaring that Public Interest and
Necessity Requires Certain Work to be Performed Without Competitive Bidding Pursuant to
Public Contract Code Sections 20168 and 22050, due to the extraordinary rain events of February
25 and 26, 2023.
On March 14, 2023, City Council approved the adoption of Resolution No. 2023-20 finding that
an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections
20168 and 22050, and to appropriate $200,000 from the General Fund balance to provide funding
for emergency repairs along Margarita Road, and Santiago Road because of the extraordinary rain
events of February 25 and 26, 2023.
On March 28, 2023, City Council approved the adoption of Resolution No. 2023-26 finding that
an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections
20168 and 22050.
At the onset of the emergency in February 2023, two locations were identified as needing
emergency repairs where storm drains were damaged and/or collapsed and in need of immediate
repair due to excessive rain over the weekend of February 25 and 26, 2023. The storm drains
located at Margarita Road and Courtney Place, and Santiago Road and Via Valencia were assessed
for damages. The Public Works Maintenance Division enlisted our on -call service provider for
excavation, backfill and grading services to immediately initiate work necessary to avoid
additional damage to the storm drains, and to maintain the roadway, and restore access to the roads
for the travelling public.
Subsequently, the State of California, including the City of Temecula and the surrounding region
has endured record rains over the past few weeks which has caused further flood damage to the
City's infrastructure. Due to the most recent rain event the week of March 20-23, 2023, the city
has sustained additional damages to include the rockslide along Rainbow Canyon Road, erosion
to the downstream side of the low -flow crossing, and damage to a drainage inlet located along East
Vallejo, west of La Paz Road, in the Los Ranchitos area. Again, the Public Works Maintenance
Division staff, along with on -call contracted service providers were immediately on scene to assess
the damages and worked tirelessly through the night to clear debris, silt, and sediment, remediate
any flooding concerns, and to reopen roadways as quickly as possible.
The combined cost of the initial repairs and maintenance, along with the most recent events, has
increased beyond our original estimate of $200,000. We therefore request an additional
appropriation of $50,000, for a total of $250,000 to make all the necessary repairs to each identified
location as needed. The City's Risk Management Department has included the Rainbow Canyon
rockslide, as part of our emergency claim to the County, to potentially recover a portion of the
costs incurred for these emergency repairs, if deemed eligible for reimbursement by the State of
California Office of Emergency Services (CalOES). The need for the continuing emergency
resolution will allow for all work to be performed and completed to safeguard life, health, and
property.
FISCAL IMPACT: The additional appropriation of $50,000, plus the original $200,000
for a total of $250,000 is anticipated to be sufficient to cover the cost of repairs.
ATTACHMENTS: Resolution
RESOLUTION NO.2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, DETERMINING THAT
THERE IS A NEED TO CONTINUE THE ACTIONS
AUTHORIZED BY RESOLUTION NO. 2023-17
DECLARING AN EMERGENCY CONDITION AND
DECLARING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRES CERTAIN WORK TO BE
PERFORMED WITHOUT COMPETITIVE BIDDING
PURSUANT TO PUBLIC CONTRACT CODE SECTIONS
20168 AND 22050, AND BY RESOLUTION NOS. 2023-20 AND
2023-26, FINDING THAT AN EMERGENCY CONDITION
CONTINUES TO EXIST, AND TO APPROPRIATE
FUNDING FOR EMERGENCY REPAIRS
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS,
DETERMINES, AND ORDERS AS FOLLOWS:
Section 1. On February 28, 2023, City Council approved the adoption of Resolution No.
2023-17 Declaring an Emergency Condition and Declaring that Public Interest and Necessary
Requires Certain Work to be Performed Without Competitive Bidding Pursuant to Public Contract
Code Sections 20168 and 22050.
Section 2. On March 14, 2023, City Council approved the adoption of Resolution No.
2023-20 finding that an Emergency Condition Continues to Exist within the meaning of Public
Contract Code Sections 20168 and 22050, and to appropriate $200,000 from the General Fund
balance to provide funding for the emergency repairs.
Section 3. On March 28, 2023, City Council approved the adoption of Resolution No.
2023-26 finding that an Emergency Condition Continues to Exist within the meaning of Public
Contract Code Sections 20168 and 22050.
Section 4. In February 2023, two locations were identified as needing emergency repairs
where storm drains had been damaged and/or collapsed and in need of immediate repair, located
at Margarita Road and Courtney Place, and Santiago Road and Via Valencia. The Public Works
Maintenance Division immediately initiated all work necessary to avoid additional damage to the
storm drains, and to maintain the roadway, and restore access to the roads for the travelling public.
Section 5. Subsequently, due to record rains over the past few weeks the city has sustained
additional damages to include the rockslide along Rainbow Canyon Road, erosion to the
downstream side of the low -flow crossing, and damage to a drainage inlet located along East
Vallejo, west of La Paz Road, in the Los Ranchitos area.
Section 6. Cost of the initial repairs and maintenance, along with the most recent events
has increased costs beyond the original estimate of $200,000; and therefore request an additional
appropriation of $50,000, for a total of $250,000 to make the necessary repairs to each identified
location as needed.
Section 7. Continued Finding of Emergency — Pursuant to the background and
recommendation of the Director of Public Works/City Engineer's Staff Report to the City Council,
the City Council hereby finds an emergency continues to exist, and the actions described in
Resolution No. 2023-17, and Resolution No's. 2023-20 and 2023-26 are necessary and continue
to be necessary to complete all work to make permanent repairs to safeguard life, health, and
property.
Section 8. The City Council hereby acknowledges that it must approve this resolution by a
four -fifths vote of the entire City Council.
Section 9. Ratification of Staff Actions to Make Repairs to Storm Drains, Rainbow Canyon
Road, Low Flow Crossing, and Drainage Inlet in Los Ranchitos, as appropriate - The City Council
hereby ratifies and affirms the actions of the City Manager and City employees and contractors
taken so far, and to continue to make repairs or replace portions of the storm drains, to clear debris,
silt, and sediment, remediate any flooding concerns, and to reopen roadways and associated rights
of way, and any directly related and immediate action required to mitigate the damaged roads, and
procurement of the necessary equipment, services, and supplies for those purposes.
Section 10. Resolution No. 2023-17 declared that the City Manager agendize and report
on the status of the emergency circumstances at each and every regularly scheduled meeting of
this Council until either the project is completed, or the Council finds the emergency conditions
have ceased.
Section 11. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 1 lth day of April, 2023.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2023- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the I Ph day of April, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Item No. 10
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
MARCH 28, 2023
CALL TO ORDER at 7:31 PM: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
CSD PUBLIC COMMENTS -None
CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Alexander. The vote
reflected unanimous approval.
12. Approve Action Minutes of March 14, 2023
Recommendation: That the Board of Directors approve the action minutes of March 14,
2023.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:34 PM, the Community Services District meeting was formally adjourned to Tuesday, April 11,
2023 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council
Chambers, 41000 Main Street, Temecula, California.
James Stewart, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 11
CITY COUNCIL/TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: City Manager/City Council Members
Executive Director/Board of Directors
FROM: Aaron Adams, City Manager/Executive Director
DATE: April 11, 2023
SUBJECT: Approve Deposit Agreement and Initiate Community Facilities District Formation
Proceedings Related to the Altair Development
PREPARED BY: Jennifer Hennessy, Director of Finance/Treasurer
RECOMMENDATION: That the City Council/Board of Directors adopt resolutions entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT
AGREEMENT — ALTAIR
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A PETITION AND DEPOSIT
RELATIVE TO THE FORMATION OF A COMMUNITY
FACILITIES DISTRICT, AND AUTHORIZING AND
DIRECTING ACTIONS WITH RESPECT THERETO — ALTAIR
BACKGROUND: The Authority has received a Petition (Including Waivers) (the
"Petition") from Temecula West Village LLC, the owner of certain property in the City (the
"Owner") requesting that the Board of Directors of the Authority, with the assistance of City Staff
and the Authority's and the City's consultants, form the Temecula Public Financing Authority
Community Facilities District No. 23-01 (Altair)" (the "CFD"). Furthermore, the Owner has
requested in the Petition that the Authority be authorized to issue special tax bonds for the CFD in
order to finance various public improvements necessitated by the development of the Property, as
well as to fund various municipal services (the "Bonds"). The Property consists of the Altair
development, including Riverside County Assessor's Parcel Numbers 940-310-015 through 940-
310-016, 940-310-044 through 940-310-048, 940-310-013, 940-320-001 through 940-320-007,
and 922-210-049. It is expected the Property will be transferred later this year to SB Altair, LLC
(the "Developer"), who will develop the Property.
The Developer has submitted to the Finance Director of the City a check in the amount of $150,000
(the "Deposit"), to be used by the City to pay costs of the City and the Authority to form the CFD
and issue the Bonds. Pursuant to a Deposit/Reimbursement Agreement (the "Agreement") to be
entered into by the Developer, the City and the Authority, and to be administered by the City,
funds advanced by the Developer for CFD costs, including the Deposit, will be reimbursed to the
Developer upon the issuance and from proceeds of the Bonds.
SPECIFIC ACTIONS: The City Council to consider the adoption of the Resolution
approving the Agreement. The Board of Directors to consider the adoption of the Resolution
acknowledging receipt of the Petition and Deposit and authorize actions necessary to implement
the Agreement. The passage of these Resolutions does not obligate the City Council or Board of
Directors to form the CFD.
FISCAL IMPACT: The City has received an initial $150,000 deposit from the
Developer; these funds will be expended in accordance with the Deposit/Reimbursement
Agreement. Provisions in the Deposit/Reimbursement Agreement require the Developer to deposit
additional funds as necessary to cover all costs of formation. There is no Fiscal Impact to the
Authority or the City.
ATTACHMENTS: 1. City Council Resolution
2. TPFA Resolution
3. Petition
4. Deposit/Reimbursement Agreement
RESOLUTION NO.2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A DEPOSIT/
REIMBURSEMENT AGREEMENT — ALTAIR
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. SB Altair, LLC (the "Developer") has submitted to the Finance Director of the
City of Temecula (the "City") a check in the amount of $150,000 (the "Deposit"), to be used by
the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority")
in connection with proceedings under Section 53311 et seq. of the California Government Code
(the "Act") to create a community facilities district to be designated "Temecula Public Financing
Authority Community Facilities District No. 23-01 (Altair)" (the "CFD").
Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the
"Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on
behalf of the proposed CFD), and the City now desires to enter into the Agreement with the
Authority and the Developer in order to assist with the formation of the CFD by the Authority.
Section 3. The City Council hereby approves and authorizes the City Manager to execute
and deliver the Agreement, in the form on file with the City Clerk and to take all actions on his
part necessary to implement the Agreement. The Director of Finance is hereby authorized and
directed to accept the Deposit and to use the Deposit (and any subsequent Deposits, as defined in
the Agreement) in the manner contemplated by the Agreement.
Section 4. The Mayor, City Manager, Director of Finance, City Clerk and all other officers
of the City are hereby authorized and directed to take all actions and do all things necessary or
desirable hereunder with respect to the implementation of the Agreement, including but not limited
to the execution and delivery of any and all agreements, certificates,
instruments and other documents, which they, or any of them, may deem necessary or desirable
and not inconsistent with the purposes of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 11th day of April, 2023.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2023- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the I Ith day of April, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
RESOLUTION NO. TPFA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A PETITION AND
DEPOSIT RELATIVE TO THE FORMATION OF A
COMMUNITY FACILITIES DISTRICT, AND
AUTHORIZING AND DIRECTING ACTIONS WITH
RESPECT THERETO — ALTAIR
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Temecula West Village LLC, the owner of certain property in the City of
Temecula (the "City") has submitted to the Board of Directors of the Authority a Petition
(Including Waivers) (the "Petition") requesting the formation by the Temecula Public Finance
Authority (the "Authority") of a community facilities district to include the property identified
therein, and SB Altair, LLC (the "Developer"), the expected transferee of the property identified
in the Petition has submitted to the Finance Director of the City a check in the amount of $150,000
(the "Deposit") to be used by the City to pay costs of the City and the Authority, all in connection
with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to
create a community facilities district to be designated "Temecula Public Financing Authority
Community Facilities District No. 23-01 (Altair)" (the "CFD").
Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the
"Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on
behalf of the CFD), and this Board of Directors now desires to direct the Finance Director of the
City to accept the money to be advanced by the Developer, to authorize the execution and delivery
by the Authority of the Agreement, to employ certain consultants necessary for the formation of
the CFD, and to authorize and direct Authority staff to take actions necessary to present to this
Board of Directors for approval the documents necessary to form the CFD.
Section 3. The Petition is hereby accepted. The Finance Director of the City is hereby
requested to accept the Deposit and any future advances by the Developer pursuant to the
Agreement (collectively, the "Deposits"), and to use the Deposits in the manner contemplated by
the Agreement. The Executive Director of the Authority is hereby authorized and directed to
execute the Agreement for and on behalf of the Authority, and to take all actions necessary, in his
discretion, to implement the Agreement.
Section 4. City staff, acting for and on behalf of the Authority, are hereby requested to take
all actions necessary or advisable to present to the Board of Directors for its review and approval
all proceedings necessary to create the CFD. The passage of this Resolution shall in no way
obligate this Board of Directors to form the CFD.
Section 5. The firm of Webb Municipal Finance, LLC is hereby designated as Special Tax
Consultant to the Authority for the CFD, the firm of Fieldman Rolapp & Associates, Inc. is hereby
designated as municipal advisor to the Authority for the CFD, the firm of Empire Economics is
hereby designated as price point consultant for the CFD and the firm of Quint & Thimmig LLP is
hereby designated as Formation Counsel to the Authority for the CFD. The Executive Director is
hereby authorized and directed to execute agreements with said firms for their services in
connection with the CFD and any bonds issued for the CFD, in the respective forms filed with the
Finance Director of the City. In any event, the fees and expenses of such consultants shall be
payable solely from Deposits (as defined in the Agreement).
Section 6. The Executive Director, Treasurer, Secretary, legal counsel to the Authority,
and all other officers and agents of the Authority are hereby authorized and directed to take all
actions necessary or advisable to give effect to the transactions contemplated by this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 1 lth day of April, 2023.
Zak Schwank, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that
the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of
Directors of the Temecula Public Financing Authority at a meeting thereof held on the 1 lth day of
April, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
Quint & Thimmig LLP
3/28/23
PETITION
(Including Waivers)
To Create a Community Facilities District and
With Respect to Related Matters
To the Board of Directors of the
Temecula Public Financing Authority
41000 Main Street
Temecula, California 92589-9033
Dear Directors:
This is a petition to create a community facilities district, and with respect to related
matters, under Sections 53311 and following of the California Government Code (the "Act"),
and the undersigned hereby states as follows:
1. Petitioner. This petition is submitted by the entity identified below (the
"Petitioner") as the owner of the parcels of land identified below (the "Land"). By submitting
this petition, the Petitioner represents to the Temecula Public Financing Authority (the
"Authority") that it is the sole owner of the Land, and that the person executing this Petition is
authorized to execute it for the Petitioner.
2. Proceedings Requested. The Petitioner hereby asks that the Board of Directors of
the Authority undertake proceedings under the Act to create a community facilities district to
be designated "Temecula Public Financing Authority Community Facilities District No. 23-01
(Altair)" (the "CFD"), to levy special taxes in the CID and to authorize special tax bonds for the
CID in an amount of not to exceed $75,000,000.
3. Boundaries of CID. The Petitioner hereby asks that the territory to be included
within the boundaries of the CID include the Land.
4. Purpose of CID. The Petitioner hereby asks that the CFD be created, the special
taxes be levied and the bonds be issued (a) to finance costs of the public improvements
identified as the "Facilities" on Exhibit A hereto, and (b) to finance other costs of issuing the
special tax bonds and of providing a reserve fund for the bonds. It is also expected that special
taxes will be levied to fund an annual wildlife conservation fee and costs of certain municipal
services identified on Exhibit A.
5. Election. The Petitioner hereby asks that the special election to be held under the
Act to authorize the levy of the special taxes and the issuance of the bonds and to establish an
appropriations limit for the CID be consolidated into a single election and that the election be
conducted by the Authority and its officials, using mailed or hand -delivered ballots and that
such ballots be opened and canvassed and the results certified at the same meeting of the Board
of Directors of the Authority as the meeting at which the public hearings on the CID under the
Act are to be held, or as soon thereafter as possible.
20009.23:J18864
6. Waivers. To expedite the completion of the proceedings for the formation of the
CFD, the Petitioner hereby waives all notices of hearings and all notices of election, applicable
waiting periods under the Act for the election and all ballot analysis and arguments for the
election. The Petitioner also waives (a) any requirement as to the specific form of the ballot to
be used for the election, whether under the California Elections Code or otherwise, and (b) any
notice with respect to the special taxes to be levied on property in the CFD otherwise required
by California Government Code Section 54930. Notwithstanding the foregoing, please be
advised that the Petitioner may transfer the Land to another entity prior to the election.
This Petition is dated April J 2023.
The property that is the subject
of this Petition is identified as
the Riverside County Assessor
Parcel Nos.:
940-310-015 940-320-001
940-310-016 940-320-002
940-310-044 940-320-003
940-310-045 940-320-004
940-310-046 940-320-005
940-310-047 940-320-006
940-310-048 940-320-007
940-310-013 922-210-049
TEMECULA WEST VILLAGE LLC,
a Delaware limited liability company
By: SCHF (M) ECI, L.P.,
its sole member
By: SCHF (GPE), LLC,
its general partner
By: _
Name:
Title: Managing Member
-2-
EXHIBIT A
DESCRIPTION OF FACILITIES AND MUNICIPAL SERVICES TO BE FUNDED BY THE CFD
FACILITIES
It is proposed that the CFD be eligible to finance all or a portion of the costs of the following
facilities:
The acquisition and construction of: streets (including paving, aggregate base,
striping and traffic marking, sidewalks, curbs, gutters and driveways), and traffic
signals within and in the vicinity of the CFD; stormwater drainage systems
(including storm drain lines, inlets, outlets, channels, structures, junctions, manholes,
catch basins and related dewatering); street light improvements (including light
fixtures, substructures, conduits and service points of connection); and street signage
(including traffic, stop and street name signs).
The foregoing are to include the acquisition of any related right-of-way and other
land needed for the installation of any such improvements, demolition of existing
structures and site leveling needed for the installation of any such improvements,
erosion control, and other appurtenances.
• Landscaping improvements in the public right of way, including related
appurtenances.
• Amenities for parks located within and in the vicinity of the CFD.
• Capital improvements included in the City of Temecula's adopted Capital
Improvement Program.
• Sewer system improvements to be designated by the Eastern Municipal Water
District.
• Water system improvements to be designated by the Rancho California Water
District.
The Facilities include the acquisition of right-of-way, the costs of design, engineering and
planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of
any required environmental mitigation and any required noise mitigation measures,
landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance,
legal and related overhead costs, coordination and supervision and any other costs or
appurtenances related to any of the foregoing.
CONSERVATION FEE
It is proposed that the CFD be eligible to fund the Annual Wildlife Conservation Fee, as
defined and more particularly identified in Section 4.4.5(v) of the Development Agreement,
entered into as of January 9, 2018, between City of Temecula and Temecula West Village, LLC,
subsequently assigned to SB Altair, LLC.
A-1
MUNICIPAL SERVICES
It is proposed that the CFD be eligible to fund all or a portion of the costs of the
following municipal services:
• Public safety services, including police, fire protection and suppression services, and
ambulance and paramedic services.
• Maintenance of landscaping in public areas, public easements and public right of
way in or near the area of the CFD, such maintenance to include but not be limited to
maintenance of planting areas, trees, bioretention filters, multipurpose trails, and the
furnishing of water for irrigation.
• Maintenance of public signage in or near the CFD.
• Maintenance of storm protection and drainage systems within or serving the area of
the CFD, and including storm drain pipes, culverts, detention/desilting basins,
manholes, catch basins and drop inlets, cleanout of storm drains and catch basin
cleaning and inspection.
• Maintenance of sidewalks, streets and roadways within or in the vicinity of the area
of the CFD, and including slurry, overlay, curbs and gutters, curb ramps, striping
and street sweeping.
• Maintenance of street lighting located within or in the vicinity of the CFD, and
including but not limited to street lights, decorative lighting and pull box assemblies.
• Maintenance of traffic signals, and traffic interconnection and video surveillance
systems, within and in the vicinity of the CFD, and including but not limited to
electrical, LED replacement, maintenance and replacement.
• Graffiti removal from public improvements within and in the area of the CFD.
• Maintenance and lighting of parks, parkways and open space.
• Maintenance of water and sewer systems with an estimated useful life of five or
more years and serving the area in or in the general area of the District and owned
by the Temecula Public Financing Authority, the City of Temecula or by another
local agency pursuant to a joint community facilities agreement or a joint exercise of
powers agreement adopted pursuant to Section 53316.2 of the California
Government Code.
The CFD may fund any of the following related to the services described above: the furnishing
of services and materials for the ordinary and usual maintenance, operation and servicing of the
improvements, including repair, removal or replacement of all or part of any of the
improvements, the furnishing of water for the irrigation and the furnishing of electric current or
energy, for any lights or irrigation facilities, obtaining, constructing, furnishing, operating and
maintaining equipment, apparatus or facilities related to providing the services and / or
equipment, apparatus, facilities or fixtures in areas to be maintained, obtaining supplies or
appurtenant facilities necessary for such maintenance, paying the salaries and benefits of
personnel necessary or convenient to provide the services, payment of insurance costs and other
related expenses. The CFD may also provide for the reimbursement to the City of Temecula to
the extent that the City of Temecula advances funds to pay for any of the foregoing services,
and may fund reserves for repairs and replacements and for future expected costs of services. It
A-2
is expected that the services will be provided by the City of Temecula, either with its own
employees or by contract with third parties, or any combination thereof.
The services to be financed by the CFD shall be in addition to those provided in the
territory of the CFD before the date of creation of the CFD, and will not supplant services
already available within that territory when the CFD is created.
ADMINISTRATIVE EXPENSES
The administrative expenses to be financed by the CFD include the direct and indirect
expenses incurred by the Authority and the City in carrying out their respective duties with
respect to the CFD (including, but not limited to, the levy and collection of the special taxes)
including the fees and expenses of attorneys, any fees of the County of Riverside related to the
CFD or the collection of special taxes, an allocable share of the salaries of the Authority and City
staff directly related thereto and a proportionate amount of the Authority's and the City's
general administrative overhead related thereto, any amounts paid by the Authority and the
City from its respective general fund with respect to the CFD or the facilities, conservation fee
and services authorized to be financed by the CFD, and expenses incurred by the Authority and
the City in undertaking action to foreclose on properties for which the payment of special taxes
is delinquent, and all other costs and expenses of the Authority and City in any way related to
the CFD.
OTHER
The CFD may also finance any of the following:
1. Bond related expenses, including underwriters discount, appraisal and price point
study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses,
landowner counsel fees and expenses, and all other incidental expenses related to any special
tax bonds (the "Bonds") issued for the CFD.
2. Administrative fees of the Bond trustee or fiscal agent related to the CFD and the
Bonds.
3. Reimbursement of costs related to the formation of the CFD advanced by the
Authority, the City of Temecula, any landowner in the CFD, or any party related to any of the
foregoing, as well as reimbursement of any costs advanced by the Authority, the City of
Temecula, any landowner in the CFD or any party related to any of the foregoing, for facilities,
conservation fees, services or other purposes or costs of the CFD.
A-3
Quint & Thimmig LLP
3/28/23
DEPOSIT/REIMBURSEMENT AGREEMENT
Proposed
Temecula Public Financing Authority
Community Facilities District No. 23-01
(Altair)
THIS DEPOSIT/REIMBURSEMENT AGREEMENT (the "Agreement") is by and among
the City of Temecula, California (the "City"), the Temecula Public Financing Authority (the
"Authority") for itself and on behalf of the proposed Temecula Public Financing Authority
Community Facilities District No. 23-01 (Altair) (the "CFD"), and SB Altair, LLC, a Delaware
limited liability company (the "Developer").
RECITALS:
WHEREAS, the Developer has advised the City and the Authority that it plans to acquire
and develop property that is subject to a Development Agreement, entered into as of January 9,
2018, between the City and Temecula West Village, LLC ("TWV"), subsequently assigned by
TWV to the Developer (the "Property"); and
WHEREAS, the Developer has requested that the Board of Directors of the Authority,
with the assistance of City Staff and the Authority's and the City's consultants, form the CFD
under the provisions of Sections 53311 et. seq. of the California Government Code (the "Act") to
include the Property and that the Authority issue special tax bonds for the CFD in order to
finance various public improvements necessitated by the development of the Property and
otherwise authorized to be funded pursuant to the Act, as well as to fund an annual wildlife
conservation fee and various municipal services, all as to be more fully specified in the
proceedings of the Board of Directors of the Authority to form the CFD; and
WHEREAS, the Developer is willing to deposit funds with the Authority to ensure
payment of the costs of the Authority and the City in forming the CFD and issuing special tax
bonds for the CFD (the "Bonds"), provided that such funds are eligible to be reimbursed to the
Developer from the proceeds of the Bonds when and if the Bonds are issued by the Authority for
the CFD, all to the extent provided herein; and
WHEREAS, the Authority, the City and the Developer now desire to specify the terms of
said deposit and reimbursement.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set
forth herein, and for other consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
Section 1. The Deposit: Additional Advances. The Developer hereby agrees to provide
to the City, in the form of a check made payable to the "City of Temecula, California"
$150,000.00 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings
20009.23:J 18862
for the formation of the CFD and, once the CFD is formed, the possible issuance of the Bonds
(as more fully described in Section 2(a) below, the "Initial Costs"), said check to be delivered by
the Developer to the Finance Director of the City. The City, by its execution hereof,
acknowledges receipt by the City of the Deposit. The check representing the Deposit will be
cashed by the City, and the Deposit may be commingled with other funds of the City for
purposes of investment and safekeeping, but the City shall at all times maintain records as to
the expenditure of the Deposit.
The Developer hereby agrees to advance any additional amounts necessary to pay any
Initial Costs incurred by the City or the Authority, in excess of the amount of the Deposit,
promptly upon written demand therefore by the Finance Director of the City stating that the then
unspent and uncommitted balance of the Deposit is less than $10,000 (the "Additional Deposits"
and, collectively with the Deposit, the "Deposits"). In the event that the Developer shall fail to
remit the full amount of any such demand for additional amounts to the Finance Director of the
City within ten (10) days of such a written demand, the City Manager may, in his sole and
absolute discretion, direct City and Authority staff and consultants to cease all work related to
the formation of CFD and the possible future issuance of the Bonds until the full amount of any
additional amounts so demanded has been received by the City.
Section 2. Use of Funds. The Deposits shall be administered as follows:
(a) The Finance Director of the City may draw upon the Deposits from time to time to
pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants to
the City or the Authority employed in connection with the formation of the CFD, the issuance of
the Bonds and the proposed expenditure of the proceeds of the Bonds to finance public
improvements (such as legal counsel, including the City Attorney and Bond Counsel, and
municipal advisor and special tax consultants); (ii) the costs of any price point study, market
absorption study, an appraisal and other reports necessary or deemed advisable by City staff or
consultants in connection with the Bonds; (iii) costs of publication of notices, preparation and
mailing of ballots and other costs related to any election with respect to the formation of the
CFD, the rate and method of apportionment of the special taxes to be levied therein and any
bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by the
City Manager in his sole discretion, in analyzing and participating in the formation of the CFD,
the issuance of the Bonds and the expenditure of the proceeds thereof, including a reasonable
allocation of City overhead expense related thereto; and (v) any and all other actual costs and
expenses incurred by the City or the Authority with respect to the formation of the CFD or the
issuance of the Bonds after the date of execution of this Agreement.
(b) If the CFD is successfully formed and the Bonds are issued under the Act by the
Authority secured by special taxes levied upon the Property, the Authority shall provide for
reimbursement to the Developer, without interest, of all amounts charged against the Deposits,
said reimbursement to be made to the Developer solely from the proceeds of the Bonds and
only to the extent otherwise permitted under the Act. On or within ten (10) business days after
the date of issuance and delivery of any Bonds, the Finance Director of the City shall return the
then unexpended Deposits to the Developer, without interest, less an amount equal to any costs
incurred by the City or the Authority or that the City or the Authority is otherwise committed to
pay, which costs would be subject to payment under Section 2(a) above, but have not yet been
so paid.
(c) If the CFD is not successfully formed and/or the Bonds are not issued, the Finance
Director of the City shall, within ten (10) business days after adoption of a resolution stating the
-2-
intent of the Authority to terminate proceedings under the Act with respect to the formation of
the CFD and/or the issuance of the Bonds, return the then unexpended Deposits to the
Developer, without interest, less an amount equal to any costs incurred by the City or the
Authority or that the City or the Authority is otherwise committed to pay, which costs would be
subject to payment under Section 2(a) above but have not yet been so paid.
Section 3. Reimbursement of Other Developer Costs. Nothing contained herein shall
prohibit reimbursement of other costs and expenses of the Developer incurred in connection
with the formation of the CFD and the issuance of the Bonds, from the proceeds of the Bonds,
including, but not limited to fees and expenses of its legal counsel and any special tax or other
consultant expenses incurred by it. Any such reimbursement shall be made solely from the
proceeds of the Bonds, when and if issued, and only to the extent otherwise permitted under the
Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings
for the issuance of the Bonds.
Section 4. Agreement Not Debt or Liability of City or Authority. It is hereby
acknowledged and agreed that this Agreement is not a debt or liability of the City or the
Authority, as provided in Section 53314.9(b) of the Act. Neither the City nor the Authority shall
in any event be liable hereunder other than to return the unexpended and uncommitted portions
of the Deposits as provided in Section 2 above and provide an accounting under Section 7
below. Neither the City nor the Authority shall be obligated to advance any of their own funds
with respect to the formation of the CFD, or the issuance of any Bonds or the expenditures of
the proceeds thereof, or for any of the other purposes listed in Section 2(a) hereof. No member
of the City Council, the Board of Directors of the Authority or officer, employee or agent of the
City or the Authority shall to any extent be personally liable hereunder.
Section 5. No Obligation to Form the CFD or to Issue the Bonds. The provisions of this
Agreement shall in no way obligate the City or the Authority to form the CFD, to issue any
Bonds, or to expend any of their own funds in connection with the formation of the CFD, or the
issuance or expenditure of the proceeds of any Bonds. The Developer acknowledges that the
formation of the CFD and the authority to issue the Bonds are subject to public hearings and a
vote of the owner of the Property.
Section 6. Severability. If any part of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
Section 7. Accounting. The City Finance Director shall provide the Developer with a
written accounting of proceeds of the Deposits expended pursuant to this Agreement, within ten
(10) business days of receipt by the Finance Director of the City of a written request therefore
submitted by the Developer. No more than one accounting will be provided in any calendar
month and the cost of providing the accounting shall be charged to the Deposits.
Section 8. Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the successors and assigns of the parties hereto.
Section 9. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
-3-
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day
and year written alongside their signature line below.
Executed on:
Executed on:
Executed on:
20009.18:J 16728
DEVELOPER:
SB ALTAIR, LLC,
, 2023 a Delaware limited liability company
, 2023
2023
By: Brookfield Temecula, LLC, a
Delaware limited liability company,
its Operations Manager
By: _
Name:
Its:
CITY:
CITY OF TEMECULA
0
Aaron Adams, City Manager
AUTHORITY:
TEMECULA PUBLIC FINANCING
AUTHORITY, for itself and on behalf of the
proposed Temecula Public Financing Authority
Community Facilities District 23-01 (Altair)
in
Aaron Adams, Executive Director
[Signature page to Deposit/Reimbursement Agreement for Community Facilities District 23-011
-4-
REQUESTS TO SPEAK
REQUEST TO SPEAK
CITY OF TEMECULA
�j
Date: 2-
Public Comment: Non -Agenda Item: Agenda Item: ❑ Future Agenda Item:
Item Description or Item No. aCJ
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business
items on the Agenda, a Request to Speak form may be submitted to the City Clerk rp for to the City Council
addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name
for the record.,
Name: [%/OGr/e// Phone Number.
Address:
Email address:
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
CITY OF TEMECULA
Date:
Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: ,
Item Description or Item No
le -
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business
items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council
addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name
for the record.. (\ i i (\ , , _ _ , . .
Name
Add re
Email
If you are representing an organization or group, please give the name:— 1 Avt� I I
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
F,
aa
REQUEST TO SPEAK
CITY OF TEMECULA
i�
Date:
Public Comment: Non -Agenda Item: Agenda Item: ❑ Future Agenda Item:
Item Description or Item No.
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business
items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council
addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name
for the record /
Name: ' �- / Phone Number: �
Address G,o , cl� yo o/�
Email address:
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
Public Comment: Non -Agenda Item
Item Description or Item No.
REQUEST TO SPEAK
CITY OF TEMECULA
l
Date:
Agenda Item. ❑ Future Agenda Item. /❑
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business
items on the Agenda, a Request to Speak form may be submitted to the City Clerk rior to the City Council
addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name
for the record.
Name: n-_�1.� Phone Number
Address:
Email address: �/> �
If you are representing an organization or group, please give the name
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
CITY OF TEMECULA
Date:
Public Comment: Non -Agenda Item: Agenda Item: Ll Future Agenda Item: L
Item Description or Item No. L-101 _/'w
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business
items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council
addressing that item. )Once the spea er is called to speak, please come forward to the podium and state your name
for the record.
Name. — Phone Number
Address
Email address:
If you are representing an organization or group, please give the na
� 61,21-1
r
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
Public Comment: Non -Agenda Item:
Item Description or Item No.
REQUEST TO SPEAK
CITY OF TEMECULA
Date: l `
Agenda Item: Future Agenda Item: ❑
!"/ S
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business
items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council
addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name
for the rec d��
Name: �� `� Phone Number: �" " ' ��
Address
Email address
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.