Agenda — Temecula City Council, May 24, 2022 (part 11 of 12)

R:\CIP DIVISION\PROJECTS\PW17\PW17-25 Diaz Road Expansion\1 - Design Files\V.a.6. AB 52\20200630 AB52 NOTIFICATION\20200630 PECHANGA01 - AB52 Notification.docx the City’s only existing north-south corridor west of Murrieta Creek. North of Cherry Street, this north-south corridor is planned to continue as Washington Avenue within the City of Murrieta.

All widening activities would occur on the northeast side of Diaz Road, which would infringe upon public walking and biking pathways as well as several small fenced/walled enclosures containing existing utility and water infrastructure (i.e. wells, piping, tanks, and small outbuildings). With the exception of the small outbuildings in these utility enclosures, there are no existing buildings on the project site. Land uses at the project site include mostly existing public roadway, a small portion of dirt road, portions of an adjoining public walking/biking pathway, and some undeveloped land. Land uses in the vicinity of the project site consist of industrial and commercial developments to the west and south, Murrieta Creek and public walking/biking pathways to the northeast, and mostly undeveloped land to the north. The elevation of the project site ranges from approximately 1,000 to 1,040 feet above mean sea level (AMSL), and the topography is relatively flat as a graded roadway, with an overall downward slope toward the southeast, and some localized sloping toward Murrieta Creek, which is located 200 feet to the northeast.

Signing and striping improvements for intersecting streets would be provided to the extent necessary to safely transition lane configurations and turning movements to existing improvements. These improvements would be in accordance with the latest edition(s) of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the City’s requirements and specifications. Signal modifications would be needed at the intersection of Winchester Road and Rancho Way to accommodate revised turning movements and the Diaz Road widening. Landscape and planting improvements would include decorative rock, boulders, and hardscape improvements for the center median, easterly parkway, and westerly parkway where existing landscape improvements do not exist. The median and parkway improvements would be in accordance with the City’s landscape guidelines.

In addition, streetlights would be installed as appropriate according to the City’s design standards for type, location, and spacing. Storm drains would also be installed as appropriate along the expanded roadway to include catch basins and low impact development improvements.

The Assessor Parcel Numbers (APNs) identified as being associated with the project site include segments of Diaz Road (APNs 909-120-006 and APN 909-370-050), the walking/biking pathway adjoining northeast of Diaz Road (APNs 921-740-004 & -005, and 909-120-016, -021, -040, -051 & -055), and several small walled/fenced enclosures containing utility and water company infrastructure along the northeast side of Diaz Road at several locations between Rancho California Road and Cherry Street (APNs 909-370- 051, 909-120-044 & -056, and 921-740-002).

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CITY OF TEMECULA GENERAL PLAN
Figure C-2
Roadway Plan

CITY OF TEMECULA GENERAL PLAN
C-21

City of Temecula
41000 Main Street  Temecula, California 92590
Phone (951) 694-6444  www.TemeculaCA.gov
June 30, 2020
Pechanga Band of Luiseño Indians
Paul Macarro, Cultural Resources Coordinator
PO Box 1477
Temecula, CA 92593
SUBJECT: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

NOTICE OF CONSULTATION OPPORTUNITY
PROJECT: DIAZ ROAD EXPANSION, PW17-25
As required by the State of California Public Resources Code and in accordance with Assembly Bill 52 (AB 52), the City of Temecula (City) is providing formal notification of a proposed project for which an Initial Study/Mitigated Negative Declaration (IS/MND) is being prepared in compliance with the California Environmental Quality Act (CEQA).

State law under AB 52 (Public Resources Code Section 21080.3.1) allows California Native American tribes 30 days to request consultation regarding possible significant effects that implementation of the proposed project may have on Tribal Cultural Resources. The request must be in writing to the City and must identify a lead contact person. The City will begin the consultation process within 30 days of receiving the Tribe’s request for consultation. The consultation may include discussion concerning the type of environmental review necessary for the project, the significance of Tribal Cultural Resources discovered, the significance of the project’s impacts on Tribal Cultural Resources, and, if necessary, project alternatives or appropriate measures for preservation or mitigation of impacts that the Tribe may recommend.

Project Description:

The Diaz Road Expansion Project, PW17-25 (project) is located in the northwestern portion of the City of Temecula in Riverside County, California. The project proposes to improve Diaz Road to meet the roadway classification requirements of a major arterial with four divided lanes, as specified by City Standard No. 101, between Cherry Street and Rancho California Road. The standards call for a 100-foot minimum right-of-way, 76-foot roadway with a 14-foot raised median, and 12-foot parkways on each side of the road.

The approximately 2.2-mile segment would be improved on its current horizontal alignment and as depicted in the City’s General Plan, Circulation Element, Figure C-2 Roadway Plan. As such, the proposed project would widen the existing Diaz Road segment and extend the northwestern end of Cherry Street. The project would complete

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R:\CIP DIVISION\PROJECTS\PW17\PW17-25 Diaz Road Expansion\1 - Design Files\V.a.6. AB 52\20200630 AB52 NOTIFICATION\20200630 PECHANGA02 - AB52 Notification.docx the City’s only existing north-south corridor west of Murrieta Creek. North of Cherry Street, this north-south corridor is planned to continue as Washington Avenue within the City of Murrieta.

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MISSIONVIEJO

SANCLEMENTE

LAGUNABEACH

ONTARIO

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Santa Ana Mountains
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Little San Bernardino Mountains

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CITY OF TEMECULA GENERAL PLAN
Figure C-2
Roadway Plan

CITY OF TEMECULA GENERAL PLAN
C-21

City of Temecula
41000 Main Street  Temecula, California 92590
Phone (951) 694-6444  www.TemeculaCA.gov
June 30, 2020
Ms. Ebru Ozdil
Pechanga Cultural Resources Department
P. O. Box 2183
Temecula, CA 92593
SUBJECT: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

Project Description:

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R:\CIP DIVISION\PROJECTS\PW17\PW17-25 Diaz Road Expansion\1 - Design Files\V.a.6. AB 52\20200630 AB52 NOTIFICATION\20200630 PECHANGA03 - AB52 Notification.docx the City’s only existing north-south corridor west of Murrieta Creek. North of Cherry Street, this north-south corridor is planned to continue as Washington Avenue within the City of Murrieta.

SAN BERNARDINO COUNTY

CAMPPENDLETON

MISSIONVIEJO

SANCLEMENTE

LAGUNABEACH

ONTARIO

RIVERSIDE
CORONA

LAKEELSINORE

SAN BERNARDINO
Santa Ana Mountains
San Bernardino Mountains

RIVERSIDE COUNTY

SAN DIEGO COUNTYRIVERSIDE COUNTY
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Little San Bernardino Mountains

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CITY OF TEMECULA GENERAL PLAN
Figure C-2
Roadway Plan

CITY OF TEMECULA GENERAL PLAN
C-21

City of Temecula
41000 Main Street  Temecula, California 92590
Phone (951) 694-6444  www.TemeculaCA.gov
June 30, 2020
Quechan Tribe of the Fort Uma Reservation
Jill McCormick, Historic Preservation officer
PO Box 1899
Yuma, AZ 85366
SUBJECT: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

Project Description:

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R:\CIP DIVISION\PROJECTS\PW17\PW17-25 Diaz Road Expansion\1 - Design Files\V.a.6. AB 52\20200630 AB52 NOTIFICATION\20200630 QUECHAN01 - AB52 Notification.docx the City’s only existing north-south corridor west of Murrieta Creek. North of Cherry Street, this north-south corridor is planned to continue as Washington Avenue within the City of Murrieta.

SAN BERNARDINO COUNTY

CAMPPENDLETON

MISSIONVIEJO

SANCLEMENTE

LAGUNABEACH

ONTARIO

RIVERSIDE
CORONA

LAKEELSINORE

SAN BERNARDINO
Santa Ana Mountains
San Bernardino Mountains

RIVERSIDE COUNTY

SAN DIEGO COUNTYRIVERSIDE COUNTY
O
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A
N
G
E C
O
U
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San Jacinto Mountains
Little San Bernardino Mountains

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BEAUMONT

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CITY OF TEMECULA GENERAL PLAN
Figure C-2
Roadway Plan

CITY OF TEMECULA GENERAL PLAN
C-21

City of Temecula
41000 Main Street  Temecula, California 92590
Phone (951) 694-6444  www.TemeculaCA.gov
June 30, 2020
Quechan Tribe of the Fort Uma Reservation
Manfred Scott, Acting Chairman
Kw'ts'an Cultural Committee
PO Box 1899
Yuma, AZ 85366
SUBJECT: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

Project Description:

Page 2 of 3 ends

R:\CIP DIVISION\PROJECTS\PW17\PW17-25 Diaz Road Expansion\1 - Design Files\V.a.6. AB 52\20200630 AB52 NOTIFICATION\20200630 QUECHAN02 - AB52 Notification.docx segment and extend the northwestern end of Cherry Street. The project would complete the City’s only existing north-south corridor west of Murrieta Creek. North of Cherry Street, this north-south corridor is planned to continue as Washington Avenue within the City of Murrieta.

SAN BERNARDINO COUNTY

CAMPPENDLETON

MISSIONVIEJO

SANCLEMENTE

LAGUNABEACH

ONTARIO

RIVERSIDE
CORONA

LAKEELSINORE

SAN BERNARDINO
Santa Ana Mountains
San Bernardino Mountains

RIVERSIDE COUNTY

SAN DIEGO COUNTYRIVERSIDE COUNTY
O
R
A
N
G
E C
O
U
NTY
San Jacinto Mountains
Little San Bernardino Mountains

YUCCAVALLEY TWENTYNINEPALMS

TEMECULA

MURRIETA

NORCO MORENOVALLEY BANNING

BEAUMONT

PALM DESERTHEMET

SAN JACINTO

COACHELLA

WINCHESTER RDWINCHESTER RDOVERLAND DRJE
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Figure 2
Project AreaI:\PROJECTS\D\DEA\DEA-12_DiazRd\Map\NAHC\Fig3_Aerial.mxdDEA-12 4/21/2020 -RKSource: Aerial (RCIT 2016) Diaz Road Expansion Project
0 800 Feet K

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CITY OF TEMECULA GENERAL PLAN
Figure C-2
Roadway Plan

CITY OF TEMECULA GENERAL PLAN
C-21

City of Temecula
41000 Main Street  Temecula, California 92590
Phone (951) 694-6444  www.TemeculaCA.gov
June 30, 2020
Rincon Band of Luiseño Indians
Bo Mazzetti, Chairperson
One Government Center Lane
Valley Center, CA 92082
SUBJECT: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

Project Description:

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R:\CIP DIVISION\PROJECTS\PW17\PW17-25 Diaz Road Expansion\1 - Design Files\V.a.6. AB 52\20200630 AB52 NOTIFICATION\20200630 RINCON01 - AB52 Notification.docx the City’s only existing north-south corridor west of Murrieta Creek. North of Cherry Street, this north-south corridor is planned to continue as Washington Avenue within the City of Murrieta.

SAN BERNARDINO COUNTY

CAMPPENDLETON

MISSIONVIEJO

SANCLEMENTE

LAGUNABEACH

ONTARIO

RIVERSIDE
CORONA

LAKEELSINORE

SAN BERNARDINO
Santa Ana Mountains
San Bernardino Mountains

RIVERSIDE COUNTY

SAN DIEGO COUNTYRIVERSIDE COUNTY
O
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San Jacinto Mountains
Little San Bernardino Mountains

YUCCAVALLEY TWENTYNINEPALMS

TEMECULA

MURRIETA

NORCO MORENOVALLEY BANNING

BEAUMONT

PALM DESERTHEMET

SAN JACINTO

COACHELLA

WINCHESTER RDWINCHESTER RDOVERLAND DRJE
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Figure 2
Project AreaI:\PROJECTS\D\DEA\DEA-12_DiazRd\Map\NAHC\Fig3_Aerial.mxdDEA-12 4/21/2020 -RKSource: Aerial (RCIT 2016) Diaz Road Expansion Project
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CITY OF TEMECULA GENERAL PLAN
Figure C-2
Roadway Plan

CITY OF TEMECULA GENERAL PLAN
C-21

City of Temecula
41000 Main Street  Temecula, California 92590
Phone (951) 694-6444  www.TemeculaCA.gov
June 30, 2020
Rincon Band of Luiseño Indians
Cheryl Madrigal, THPO
One Government Center Lane
Valley Center, CA 92082
SUBJECT: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

Project Description:

Page 2 of 3 ends

R:\CIP DIVISION\PROJECTS\PW17\PW17-25 Diaz Road Expansion\1 - Design Files\V.a.6. AB 52\20200630 AB52 NOTIFICATION\20200630 RINCON02 - AB52 Notification.docx the City’s only existing north-south corridor west of Murrieta Creek. North of Cherry Street, this north-south corridor is planned to continue as Washington Avenue within the City of Murrieta.

SAN BERNARDINO COUNTY

CAMPPENDLETON

MISSIONVIEJO

SANCLEMENTE

LAGUNABEACH

ONTARIO

RIVERSIDE
CORONA

LAKEELSINORE

SAN BERNARDINO
Santa Ana Mountains
San Bernardino Mountains

RIVERSIDE COUNTY

SAN DIEGO COUNTYRIVERSIDE COUNTY
O
R
A
N
G
E C
O
U
NTY
San Jacinto Mountains
Little San Bernardino Mountains

YUCCAVALLEY TWENTYNINEPALMS

TEMECULA

MURRIETA

NORCO MORENOVALLEY BANNING

BEAUMONT

PALM DESERTHEMET

SAN JACINTO

COACHELLA

WINCHESTER RDWINCHESTER RDOVERLAND DRJE
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Figure 2
Project AreaI:\PROJECTS\D\DEA\DEA-12_DiazRd\Map\NAHC\Fig3_Aerial.mxdDEA-12 4/21/2020 -RKSource: Aerial (RCIT 2016) Diaz Road Expansion Project
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CITY OF TEMECULA GENERAL PLAN
Figure C-2
Roadway Plan

CITY OF TEMECULA GENERAL PLAN
C-21

City of Temecula
41000 Main Street  Temecula, California 92590
Phone (951) 694-6444  www.TemeculaCA.gov
June 30, 2020
San Luis Rey Band of Mission Indians
Tribal Council
1889 Sunset Drive
Vista, CA 92081
SUBJECT: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

Project Description:

Page 2 of 3 ends

R:\CIP DIVISION\PROJECTS\PW17\PW17-25 Diaz Road Expansion\1 - Design Files\V.a.6. AB 52\20200630 AB52 NOTIFICATION\20200630 SANLUISREY - AB52 Notification.docx the City’s only existing north-south corridor west of Murrieta Creek. North of Cherry Street, this north-south corridor is planned to continue as Washington Avenue within the City of Murrieta.

SAN BERNARDINO COUNTY

CAMPPENDLETON

MISSIONVIEJO

SANCLEMENTE

LAGUNABEACH

ONTARIO

RIVERSIDE
CORONA

LAKEELSINORE

SAN BERNARDINO
Santa Ana Mountains
San Bernardino Mountains

RIVERSIDE COUNTY

SAN DIEGO COUNTYRIVERSIDE COUNTY
O
R
A
N
G
E C
O
U
NTY
San Jacinto Mountains
Little San Bernardino Mountains

YUCCAVALLEY TWENTYNINEPALMS

TEMECULA

MURRIETA

NORCO MORENOVALLEY BANNING

BEAUMONT

PALM DESERTHEMET

SAN JACINTO

COACHELLA

WINCHESTER RDWINCHESTER RDOVERLAND DRJE
F
F
E
R
S
O
N

A
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YN
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AVENIDA ALVARADO DENDY PKWYREMINGTON AVEZEVO DRRIO NEDO JEFF E
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DRDIA
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Figure 2
Project AreaI:\PROJECTS\D\DEA\DEA-12_DiazRd\Map\NAHC\Fig3_Aerial.mxdDEA-12 4/21/2020 -RKSource: Aerial (RCIT 2016) Diaz Road Expansion Project
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Borel Rd
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Via Barranca
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CITY OF TEMECULA GENERAL PLAN
Figure C-2
Roadway Plan

CITY OF TEMECULA GENERAL PLAN
C-21

City of Temecula
41000 Main Street  Temecula, California 92590
Phone (951) 694-6444  www.TemeculaCA.gov
June 30, 2020
Soboba Band of Luiseño Indians
Joseph Ontiveros, Cultural Resources Dept.

PO Box 487
San Jacinto, CA 92581
SUBJECT: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

Project Description:

Page 2 of 3 ends

R:\CIP DIVISION\PROJECTS\PW17\PW17-25 Diaz Road Expansion\1 - Design Files\V.a.6. AB 52\20200630 AB52 NOTIFICATION\20200630 SOBOBA01 - AB52 Notification.docx the City’s only existing north-south corridor west of Murrieta Creek. North of Cherry Street, this north-south corridor is planned to continue as Washington Avenue within the City of Murrieta.

SAN BERNARDINO COUNTY

CAMPPENDLETON

MISSIONVIEJO

SANCLEMENTE

LAGUNABEACH

ONTARIO

RIVERSIDE
CORONA

LAKEELSINORE

SAN BERNARDINO
Santa Ana Mountains
San Bernardino Mountains

RIVERSIDE COUNTY

SAN DIEGO COUNTYRIVERSIDE COUNTY
O
R
A
N
G
E C
O
U
NTY
San Jacinto Mountains
Little San Bernardino Mountains

YUCCAVALLEY TWENTYNINEPALMS

TEMECULA

MURRIETA

NORCO MORENOVALLEY BANNING

BEAUMONT

PALM DESERTHEMET

SAN JACINTO

COACHELLA

WINCHESTER RDWINCHESTER RDOVERLAND DRJE
F
F
E
R
S
O
N

A
V
E
YN
E
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R
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AVENIDA ALVARADO DENDY PKWYREMINGTON AVEZEVO DRRIO NEDO JEFF E
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DRDIA
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P
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Figure 2
Project AreaI:\PROJECTS\D\DEA\DEA-12_DiazRd\Map\NAHC\Fig3_Aerial.mxdDEA-12 4/21/2020 -RKSource: Aerial (RCIT 2016) Diaz Road Expansion Project
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Borel Rd
RdMonte

Anza

RdMe
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P
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Via Barranca
R
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Via Santa RosaVia Vaquero RdA v e n i d a D el Oro
N i c o l a s R d
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Santia
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CITY OF TEMECULA GENERAL PLAN
Figure C-2
Roadway Plan

CITY OF TEMECULA GENERAL PLAN
C-21

City of Temecula
41000 Main Street  Temecula, California 92590
Phone (951) 694-6444  www.TemeculaCA.gov
June 30, 2020
Soboba Band of Luiseño Indians
Scott Cozart, Chairperson
PO Box 487
San Jacinto, CA 92581
SUBJECT: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

Project Description:

Page 2 of 3 ends

R:\CIP DIVISION\PROJECTS\PW17\PW17-25 Diaz Road Expansion\1 - Design Files\V.a.6. AB 52\20200630 AB52 NOTIFICATION\20200630 SOBOBA02 - AB52 Notification.docx the City’s only existing north-south corridor west of Murrieta Creek. North of Cherry Street, this north-south corridor is planned to continue as Washington Avenue within the City of Murrieta.

SAN BERNARDINO COUNTY

CAMPPENDLETON

MISSIONVIEJO

SANCLEMENTE

LAGUNABEACH

ONTARIO

RIVERSIDE
CORONA

LAKEELSINORE

SAN BERNARDINO
Santa Ana Mountains
San Bernardino Mountains

RIVERSIDE COUNTY

SAN DIEGO COUNTYRIVERSIDE COUNTY
O
R
A
N
G
E C
O
U
NTY
San Jacinto Mountains
Little San Bernardino Mountains

YUCCAVALLEY TWENTYNINEPALMS

TEMECULA

MURRIETA

NORCO MORENOVALLEY BANNING

BEAUMONT

PALM DESERTHEMET

SAN JACINTO

COACHELLA

WINCHESTER RDWINCHESTER RDOVERLAND DRJE
F
F
E
R
S
O
N

A
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YN
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DRDIA
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P
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CHERRY ST!"a$
Figure 2
Project AreaI:\PROJECTS\D\DEA\DEA-12_DiazRd\Map\NAHC\Fig3_Aerial.mxdDEA-12 4/21/2020 -RKSource: Aerial (RCIT 2016) Diaz Road Expansion Project
0 800 Feet K

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RdP
e
changaParkwayJean Nicholas Rd
Borel Rd
RdMonte

Anza

RdMe
a
d
o
w
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P
k
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Via Norte
Via Barranca
R
a
n
c
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C
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f
o
r
n
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R
dLosAlamosRd
Via Santa RosaVia Vaquero RdA v e n i d a D el Oro
N i c o l a s R d
Winchester Rd
Santia
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De P o rto la R d
R edhaw k Pk yVailRanchPky
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CITY OF TEMECULA GENERAL PLAN
Figure C-2
Roadway Plan

CITY OF TEMECULA GENERAL PLAN
C-21

From:Juan Ochoa
To:Avlin Odviar
Cc:Andrea Fernandez; Ebru Ozdil; Tina Thompson Mendoza
Subject:Pechanga Tribe AB52 Comments on Diaz Road Expansion, PW17-25 Date:Wednesday, July 15, 2020 2:23:16 PM
Attachments:Diaz Road Expansion, AB52, City of Temecula (6.30.20).pdf Dear Avlin Odviar,

This letter is written on behalf of the Pechanga Band of Luiseño Indians (hereinafter, "the Tribe") a federally recognized Indian tribe and sovereign government in response to the AB 52 notice provided by the City of Temecula.

This email serves as the Tribe's formal request to begin consultation under AB 52 for this Project. Per AB 52, we intend to assist the City in determining the type of environmental document that should be prepared for this Project (i.e. EIR, MND, ND); with identifying potential tribal cultural resources (TCRs); determining whether potential substantial adverse effects will occur to them; and to develop appropriate preservation, avoidance and/or mitigation measures, as appropriate. CEQA, as amended by AB 52, requires the County to avoid damaging effects to the significance of a tribal cultural resource. As such, the preferred TCR mitigation is complete avoidance and knowing that this Project is within a Traditional Cultural Property and contains additional TCRs, the Tribe requests that all efforts to preserve sensitive TCRs be made as early in the development process as possible.

Please add the Tribe to your distribution list(s) for public notices and circulation of all documents, including environmental review documents, archaeological reports, development plans, conceptual grading plans (if available), and all other applicable documents pertaining to this Project. The Tribe further requests to be directly notified of all public hearings and scheduled approvals concerning this Project, and that these comments be incorporated into the record of approval for this Project.

The Pechanga Tribe asserts that the Project area is part of 'Ataaxum (Luiseño), and therefore the Tribe's, aboriginal territory as evidenced by the existence of cultural resources, named places, tóota yixélval (rock art, pictographs, petroglyphs), and an extensive 'Ataaxum artifact record in the vicinity of the Project. This culturally sensitive area is affiliated with the Pechanga Band of Luiseño Indians because of the Tribe's cultural ties to this area as well as our extensive history with the City and other projects within the area.

The Tribe hereby informs the County that the Project site is located within a Traditional Cultural Property (TCP). We will provide additional information regarding tribal affiliation and the TCP in our consultation as well as provide more specific, confidential information on potential TCRs that may be impacted by the proposed Project. Additionally, the Tribe requests that no Phase II testing or other ground-disturbing archaeological activities be conducted on the site until after the Tribe and the County consult about the TCRs in our government-to- government consultation.

As you know, the AB 52 consultation process is ongoing and continues until appropriate mitigation has been agreed upon for the TCRs that may be impacted by the Project. As such, under both AB 52 and CEQA, we look forward to working closely with the City on ensuring that a full, comprehensive environmental review of the Project's impacts is completed.

In addition to those rights granted to the Tribe under AB 52, the Tribe reserves the right to fully participate in the environmental review process, as well as to provide further comment on the Project's impacts to cultural resources and potential mitigation for such impacts.

The Pechanga Tribe looks forward to working together with the City of Temecula in protecting the invaluable Pechanga cultural resources found in the Project area. The formal contact person for this Project will be Ebru Ozdil. Please contact her at 951-770-6313 or at [email protected] within 30 days of receiving this consultation request so that we can begin the consultation process. Thank you.

Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593
Office:(951)-770-6308
[email protected]
CONFIDENTIALITY NOTE: “This message and any documents or files attached to it contains confidential information and may be legally privileged. Recipients should not file copies of this message and/or attachments with publicly accessible records. If you are not the intended recipient or authorized agent for the intended recipient, you have received this message and attachments in error, and any review, dissemination, or reproduction is strictly prohibited. If you are not the intended recipient, please immediately notify us by reply email or by telephone at 951-770-6308, and destroy the original transmission and its attachments without reading them or saving them.”

1 Avlin Odviar
From:Juan Ochoa
Sent:Wednesday, July 15, 2020 2:23 PM
To:Avlin Odviar
Cc:Andrea Fernandez; Ebru Ozdil; Tina Thompson Mendoza
Subject:Pechanga Tribe AB52 Comments on Diaz Road Expansion, PW17-25 Attachments:Diaz Road Expansion, AB52, City of Temecula (6.30.20).pdf Dear Avlin Odviar,

2 The Pechanga Tribe looks forward to working together with the City of Temecula in protecting the invaluable Pechanga cultural resources found in the Project area. The formal contact person for this Project will be Ebru Ozdil. Please contact her at 951-770-6313 or at [email protected] within 30 days of receiving this consultation request so that we can begin the consultation process. Thank you.

From:Avlin Odviar
To:[email protected]
Subject:City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Thursday, July 16, 2020 4:45:18 PM
Attachments:20200630 JUANENO 01 - AB52 Notification.pdf To: Juaneño Band of Mission Indians

On June 30, 2020, the City of Temecula mailed out the attached AB 52 notification for the Diaz Road Expansion project.

We look forward to hearing from you. Please feel free to contact us with any questions.

Thank you,

Avlin Odviar
Senior Civil Engineer
City of Temecula
(951) 693-3969
[email protected]
41000 Main St, Temecula, CA 92590
Visit our Website
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From:Avlin Odviar
To:[email protected]
Subject:City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Thursday, July 16, 2020 4:48:18 PM
Attachments:20200630 PALA - AB52 Notification.pdf
To: Pala Band of Mission Indians

On June 30, 2020, the City of Temecula mailed out the attached AB 52 notification for the Diaz Road Expansion project.

We look forward to hearing from you. Please feel free to contact us with any questions.

Thank you,

From:Microsoft Outlook
To:[email protected]
Subject:Undeliverable: City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Friday, July 17, 2020 8:01:39 AM
http://products.office.com/en-us/CMSImages/Office365Logo_Orange.png?version=b8d100a9-0a8b-8e6a-88e1-ef488fee0470 > Your message to [email protected] couldn't be delivered. When Office 365 tried to send your message, the receiving email server outside Office 365 reported an error. Avlin.Odviar Office 365 paumareservation Sender Action Required Policy violation or system error How to Fix It Check the "Reported Error" from the "Error Details" section shown below for more information about the problem. The error might tell you what went wrong and how to fix it. For example, if the error states that the message was blocked due to a potential virus or because the message was too large, try sending the message again without attachments. If you're not able to fix the problem, it's likely that only the recipient's email admin can fix it. Contact the recipient by some other means (by phone, for example) and ask them to tell their email admin about the problem. Give them the "Reported Error" from the "Error Details" section below. Was this helpful? Send feedback to Microsoft https://go.microsoft.com/fwlink/p/?LinkID=717199 > . ________________________________ More Info for Email Admins Status code: 550 5.0.350 The error reported by the receiving server wasn't specific enough to determine the exact nature of the problem. These errors often indicate the message violates a security or policy setting configured on the recipient's email servers.If the sender is unable to fix the problem by modifying their message, then it's likely a problem that only the recipient's email admin can fix. Try the following:Check the error for information about the problem - The "Reported Error" returned by the external email server can be found in the "Error Details" section below. This error might tell you what went wrong and provide clues for how to fix it. For example, if the error states the message was rejected due a Sender Policy Framework (SPF) issue, then you'll have to work with your domain registrar to correctly configure your domain's SPF records.Check the error for information about where the problem is happening - For example, look for a domain name like contoso.com. A domain name in the error might suggest who is responsible for the error. It could be the recipient's email server, or it could be a third-party service that your organization or the recipient's organization is using to process or filter email messages.If you can't fix the problem, contact the responsible party's email admin - Give them the error code and error message from this non-delivery report (NDR) to help them troubleshoot the issue. For security or policy violation issues, it might be sufficient for them to just add your sending IP addresses or domain to their allowed senders list.It's likely that only the recipient's email admin can fix the problem. Unfortunately, it's unlikely Office 365 Support will be able to help with these kinds of externally reported errors. 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From:Avlin Odviar
To:[email protected]
Subject:City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Thursday, July 16, 2020 4:50:16 PM
Attachments:20200630 PAUMA - AB52 Notification.pdf
To: Pauma Band of Luiseño Indians

On June 30, 2020, the City of Temecula mailed out the attached AB 52 notification for the Diaz Road Expansion project.

We look forward to hearing from you. Please feel free to contact us with any questions.

Thank you,

From:Avlin Odviar
To:[email protected]
Subject:City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Thursday, July 16, 2020 4:53:10 PM
Attachments:20200630 QUECHAN01 - AB52 Notification.pdf
To: Quechan Tribe of the Fort Uma Reservation

On June 30, 2020, the City of Temecula mailed out the attached AB 52 notification for the Diaz Road Expansion project.

We look forward to hearing from you. Please feel free to contact us with any questions.

Thank you,

From:Avlin Odviar
To:[email protected]
Subject:City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Thursday, July 16, 2020 4:54:39 PM
Attachments:20200630 QUECHAN02 - AB52 Notification.pdf
To: Quechan Tribe of the Fort Uma Reservation

On June 30, 2020, the City of Temecula mailed out the attached AB 52 notification for the Diaz Road Expansion project.

We look forward to hearing from you. Please feel free to contact us with any questions.

Thank you,

From:Avlin Odviar
To:[email protected]
Subject:City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Thursday, July 16, 2020 4:56:56 PM
Attachments:20200630 RINCON01 - AB52 Notification.pdf
To: Rincon Band of Luiseño Indians

On June 30, 2020, the City of Temecula mailed out the attached AB 52 notification for the Diaz Road Expansion project.

We look forward to hearing from you. Please feel free to contact us with any questions.

Thank you,

From:Avlin Odviar
To:[email protected]
Subject:City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Thursday, July 16, 2020 4:58:09 PM
Attachments:20200630 RINCON02 - AB52 Notification.pdf
To: Rincon Band of Luiseño Indians

On June 30, 2020, the City of Temecula mailed out the attached AB 52 notification for the Diaz Road Expansion project.

We look forward to hearing from you. Please feel free to contact us with any questions.

Thank you,

From:Avlin Odviar
To:[email protected]
Subject:City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Thursday, July 16, 2020 4:59:05 PM
Attachments:20200630 SANLUISREY - AB52 Notification.pdf To: San Luis Rey Band of Mission Indians

On June 30, 2020, the City of Temecula mailed out the attached AB 52 notification for the Diaz Road Expansion project.

We look forward to hearing from you. Please feel free to contact us with any questions.

Thank you,

From:Avlin Odviar
To:[email protected]
Subject:City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Thursday, July 16, 2020 5:03:41 PM
Attachments:20200630 SOBOBA01 - AB52 Notification.pdf
To: Soboba Band of Luiseño Indians

On June 30, 2020, the City of Temecula mailed out the attached AB 52 notification for the Diaz Road Expansion project.

We look forward to hearing from you. Please feel free to contact us with any questions.

Thank you,

From:Joseph Ontiveros
To:Avlin Odviar
Cc:Jessica Valdez; Ebru Ozdil
Subject:RE: City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Thursday, July 16, 2020 5:21:22 PM
Attachments:image001.jpg
logo1_d797a0c3-9365-497b-9c42-60e830c7158f.png
Hello Alvin,

Thank you for reaching out to us here in Soboba. It is our request to defer this project to the Pechanga Band, as it is located within their traditional use area. Pechanga’s point of contact at is Ebru Ozdil. To better assist you, I have copied Ebru to this email.

Sincerely,

JOSEPH ONTIVEROS

TRIBAL HISTORIC PRESERVATION OFFICER
(951) 654-5544 Ext. 4137
(951) 663-5279 Cell
[email protected]

CULTURAL RESOURCE
23906 Soboba Rd. San Jacinto, CA 92583
P.O. Box 487 San Jacinto, CA 92581
www.soboba-nsn.gov
NOTICE: This communication may contain information that is proprietary, privileged, confidential, or otherwise legally exempt from disclosure. It is intended exclusively for the use of the individual or entity to which it is addressed. If you are not the intended recipient, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it.

If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.

From: Avlin Odviar
Sent: Thursday, July 16, 2020 5:03 PM
To: Joseph Ontiveros
Subject: City of Temecula - Diaz Rd Expansion Project - AB 52 Notification

To: Soboba Band of Luiseño Indians

On June 30, 2020, the City of Temecula mailed out the attached AB 52 notification for the Diaz Road Expansion project.

We look forward to hearing from you. Please feel free to contact us with any questions.

Thank you,

Avlin Odviar

Senior Civil Engineer
City of Temecula
(951) 693-3969
[email protected]
41000 Main St, Temecula, CA 92590
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From:Cheryl Madrigal
To:Avlin Odviar
Cc:Deneen Pelton
Subject:Diaz Road Expansion Project
Date:Friday, July 17, 2020 5:24:02 PM
Attachments:image001.jpg
Diaz Road Expansion Project AB52 request.pdf
Dear Avlin,

Please see attached response letter to above mentioned project. If you have any questions or comments, please contact us.

Thank you for the opportunity to protect our cultural assets.

Cheryl

Cheryl Madrigal
Cultural Resources Manager
Tribal Historic Preservation Officer
Cultural Resources Department
Rincon Band of Luiseño Indians
1 West Tribal Road | Valley Center, CA 92082
Office:760-297-2635 ext. 323|Cell: 760-648-3000
Fax: 760-749-8901
Email: [email protected]

seal-rincon-website_03

This message is intended only for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender of this E-Mail by return E-Mail or by telephone. In accordance with Internal Revenue Service Circular 230, we advise you that if this email contains any tax advice, such tax advice was not intended or written to be used, and it cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer.

From:Quechan Historic Preservation
To:Avlin Odviar
Subject:RE: City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Friday, July 17, 2020 1:27:06 PM
This email is to inform you that we do not wish to comment on this project and defer to the more local Tribe(s).

From: Avlin Odviar [ mailto:[email protected]] Sent: Thursday, July 16, 2020 4:53 PM
To: [email protected]
Subject: City of Temecula - Diaz Rd Expansion Project - AB 52 Notification

To: Quechan Tribe of the Fort Uma Reservation

On June 30, 2020, the City of Temecula mailed out the attached AB 52 notification for the Diaz Road Expansion project.

We look forward to hearing from you. Please feel free to contact us with any questions.

Thank you,

Virus-free. www.avast.com

Rincon Band of Luiseño Indians

CULTURAL RESOURCES DEPARTMENT
One Government Center Lane | Valley Center | CA 92082 (760) 749-1051 | Fax: (760) 749-8901 | rincon-nsn.gov

Bo Mazzetti
Chairman
Tishmall Turner
Vice Chair
Laurie E. Gonzalez
Council Member
Alfonso Kolb, Sr.

Council Member
John Constantino
Council Member

July 17, 2020

Sent via email: [email protected]
City of Temecula
Avlin Odviar
41000 Main Street
Temecula, CA 92590

Re: Diaz Road Expansion, PW17-52 - Consultation Request

Dear Avlin Odviar,

This letter is written on behalf of the Rincon Band of Luiseño Indians (“Rincon Band” or “Band”), a federally recognized Indian Tribe and sovereign government. We have received your notification regarding the above referenced project and we thank you for the opportunity to consult on the project. The identified location is within the Territory of the Luiseño people and within the Band’s specific Area of Historic Interest (AHI). As such, Rincon is traditionally and culturally affiliated to the project area.

Embedded in the Luiseño territory are Rincon’s history, culture and identity. We kindly ask to be provided with copies of existing documents pertaining to the project such as the cultural survey including the archaeological site records, shape files, archaeological record search results, and geotechnical report. Upon receipt and review, the Band would like to consult on the project in order to learn more about any potential impacts to cultural resources.

If you have additional questions or concerns, please do not hesitate to contact our office at your convenience at (760) 297-2635 or via electronic mail at [email protected]. We look forward to working together to protect and preserve our cultural assets.

Sincerely,

Cheryl Madrigal
Tribal Historic Preservation Officer
Cultural Resources Manager

From:Joyce Perry
To:Avlin Odviar
Cc:Ebru Ozdil
Subject:Re: City of Temecula - Diaz Rd Expansion Project - AB 52 Notification Date:Tuesday, July 21, 2020 11:24:28 AM
Good Morning,
I am responding on behalf of the Juaneno Band of Mission Indians, Acjachemen Nation- Belardes to your AB 52 notification of the Diaz Road Expansion Project. As this project is taking place outside of our traditional territory we have no comments, and yield to the recommendations of the Pechanga Band of Luiseno Indians.

Húu'uni 'óomaqati yáamaqati.

Teach peace
Joyce Stanfield Perry
Payomkawichum Kaamalam - President
Juaneño Band of Mission Indians, Acjachemen Nation
Tribal Manager, Cultural Resource Director
On Thu, Jul 16, 2020 at 4:45 PM Avlin Odviar wrote:

To: Juaneño Band of Mission Indians

On June 30, 2020, the City of Temecula mailed out the attached AB 52 notification for the Diaz Road Expansion project.

We look forward to hearing from you. Please feel free to contact us with any questions.

Thank you,

Avlin Odviar
Senior Civil Engineer
City of Temecula
(951) 693-3969
[email protected]
41000 Main St, Temecula, CA 92590

Visit our Website
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From:Padilla, Lacy (TRBL)
To:Avlin Odviar
Subject:AB52 Diaz Road Expansion, PW17-25
Date:Tuesday, September 22, 2020 1:42:06 PM
Greetings,
A records check of the Tribal Historic preservation office’s cultural registry revealed that this project is not located within the Tribe’s Traditional Use Area. Therefore, we defer to the other tribes in the area. This letter shall conclude our consultation efforts.

Thank you,
Lacy Padilla
Archaeologist
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive Palm Springs, CA 92264
D: 760-699-6956 I C: 760-333-5222

From:Avlin Odviar
To:Ebru Ozdil; [email protected]
Cc:Scott Cooper; Gavin Powell - David Evans and Associates ([email protected]); David Crook Subject:PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation Date:Thursday, October 8, 2020 10:01:55 AM
Attachments:20201008 AO to PECHANGA - AB52 Consultation Info.pdf Ebru/Juan,

Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,

From:Avlin Odviar
To:Cheryl Madrigal; Deneen Pelton
Cc:Scott Cooper; Gavin Powell - David Evans and Associates ([email protected]); David Crook Subject:PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation Date:Thursday, October 8, 2020 4:34:33 PM
Attachments:20201008 AO to RINCON - AB52 Consultation Info.pdf Sent_100820_AB52.zip
Cheryl/Deneen,

Please see attached letter transmittal regarding information requested in advance of our AB52 consultation. Also attached are the requested shape files.

The email from “City of Temecula – File Drop” will follow later today.

Thank you,

From:Juan Ochoa
To:Avlin Odviar; Ebru Ozdil
Cc:Scott Cooper; Gavin Powell - David Evans and Associates ([email protected]); David Crook Subject:RE: PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation Date:Thursday, October 8, 2020 11:20:31 AM
Greetings, Avlin,

Can you resend the file drop link? I received the file drop email before receiving this email but it contained no link or message.

Best,

Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593

Office:(951)-770-6308
[email protected]

CONFIDENTIALITY NOTE: “This message and any documents or files attached to it contains confidential information and may be legally privileged. Recipients should not file copies of this message and/or attachments with publicly accessible records. If you are not the intended recipient or authorized agent for the intended recipient, you have received this message and attachments in error, and any review, dissemination, or reproduction is strictly prohibited. If you are not the intended recipient, please immediately notify us by reply email or by telephone at 951-770-6308, and destroy the original transmission and its attachments without reading them or saving them.”

From: Avlin Odviar
Sent: Thursday, October 8, 2020 10:02 AM
To: Ebru Ozdil ; Juan Ochoa
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook
Subject: PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation

Ebru/Juan,

Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,

Avlin Odviar
Senior Civil Engineer
City of Temecula
(951) 693-3969
[email protected]

41000 Main St, Temecula, CA 92590
Visit our Website
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From:Avlin Odviar
To:Juan Ochoa; Ebru Ozdil
Cc:Scott Cooper; Gavin Powell - David Evans and Associates ([email protected]); David Crook Subject:RE: PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation Date:Thursday, October 8, 2020 11:50:23 AM
Juan,

Thank you for letting me know and sorry for the inconvenience. Unfortunately, this File Drop system has been hit and miss lately, so it is not uncommon for recipients to receive a blank message.

Resending has been the remedy and I will do so shortly.

Thank you,

Avlin Odviar
Senior Civil Engineer
City of Temecula
(951) 693-3969
[email protected]
TemeculaCA.gov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From: Juan Ochoa
Sent: Thursday, October 8, 2020 11:20 AM
To: Avlin Odviar ; Ebru Ozdil
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook
Subject: RE: PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation

Greetings, Avlin,

Can you resend the file drop link? I received the file drop email before receiving this email but it contained no link or message.

Best,

Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593

Office:(951)-770-6308
[email protected]

CONFIDENTIALITY NOTE: “This message and any documents or files attached to it contains confidential information

and may be legally privileged. Recipients should not file copies of this message and/or attachments with publicly accessible records. If you are not the intended recipient or authorized agent for the intended recipient, you have received this message and attachments in error, and any review, dissemination, or reproduction is strictly prohibited. If you are not the intended recipient, please immediately notify us by reply email or by telephone at 951-770-6308, and destroy the original transmission and its attachments without reading them or saving them.”

Ebru/Juan,

Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,

From:City of Temecula - File Drop
To:Avlin Odviar
Subject:[email protected] has picked up your drop-off! Date:Friday, October 9, 2020 8:07:40 AM
This is an automated message sent to you by the City of Temecula - File Drop service.

The drop-off you made (claim ID: FnmrcrhTN9zfgHJM) has been picked-up by [email protected].

So sorry it happened again. To mix things up, I just sent the info again. This time in two separate file drops. The first one contains the CRS and Appendices files. The second one contains the plans.

Let me know, thanks.

From: Juan Ochoa
Sent: Monday, October 12, 2020 11:49 AM
To: Avlin Odviar ; Ebru Ozdil
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook
Subject: RE: PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation

Hi Avlin,

I checked to see if I received an email and it showed up blank again. Would you mind sending it to us again?

or by telephone at 951-770-6308, and destroy the original transmission and its attachments without reading them or saving them.”

From: Avlin Odviar [ mailto:[email protected]] Sent: Monday, October 12, 2020 7:00 AM
To: Juan Ochoa ; Ebru Ozdil
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook
Subject: RE: PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation

Juan/Ebru,

I resent the files via File Drop last week. Were you able to download?

Thank you,

From: Avlin Odviar
Sent: Thursday, October 8, 2020 11:50 AM
To: Juan Ochoa ; Ebru Ozdil
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook
Subject: RE: PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation

Juan,

Thank you for letting me know and sorry for the inconvenience. Unfortunately, this File Drop system has been hit and miss lately, so it is not uncommon for recipients to receive a blank message.

Resending has been the remedy and I will do so shortly.

Thank you,

Avlin Odviar
Senior Civil Engineer
City of Temecula
(951) 693-3969
[email protected]

TemeculaCA.gov
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

Greetings, Avlin,

Can you resend the file drop link? I received the file drop email before receiving this email but it contained no link or message.

Best,

Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593

Office:(951)-770-6308
[email protected]

Ebru/Juan,

Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,

I resent the files via File Drop last week. Were you able to download?

Thank you,

Juan,

Thank you for letting me know and sorry for the inconvenience. Unfortunately, this File Drop system has been hit and miss lately, so it is not uncommon for recipients to receive a blank message.

Resending has been the remedy and I will do so shortly.

Thank you,

Greetings, Avlin,

Can you resend the file drop link? I received the file drop email before receiving this email but it contained no link or message.

Best,

Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593

Office:(951)-770-6308
[email protected]

Ebru/Juan,

Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,

Avlin Odviar
Senior Civil Engineer

City of Temecula
(951) 693-3969
[email protected]
41000 Main St, Temecula, CA 92590
Visit our Website
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From:City of Temecula - File Drop
To:Avlin Odviar
Subject:[email protected] has picked up your drop-off! Date:Monday, October 12, 2020 2:50:22 PM
This is an automated message sent to you by the City of Temecula - File Drop service.

The drop-off you made (claim ID: PJoZAEiPnv3cR3AA) has been picked-up by [email protected].

All documents were successfully downloaded! Thank you.

From: Avlin Odviar [ mailto:[email protected]] Sent: Monday, October 12, 2020 1:27 PM
To: Juan Ochoa ; Ebru Ozdil
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook
Subject: RE: PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation

Juan,

So sorry it happened again. To mix things up, I just sent the info again. This time in two separate file drops. The first one contains the CRS and Appendices files. The second one contains the plans.

Let me know, thanks.

Hi Avlin,

I checked to see if I received an email and it showed up blank again. Would you mind sending it to us again?

Juan/Ebru,

I resent the files via File Drop last week. Were you able to download?

Thank you,

California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

Juan,

Thank you for letting me know and sorry for the inconvenience. Unfortunately, this File Drop system has been hit and miss lately, so it is not uncommon for recipients to receive a blank message.

Resending has been the remedy and I will do so shortly.

Thank you,

Greetings, Avlin,

Can you resend the file drop link? I received the file drop email before receiving this email but it contained no link or message.

Best,

Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593

Office:(951)-770-6308
[email protected]

Ebru/Juan,

Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,

I checked to see if I received an email and it showed up blank again. Would you mind sending it to us again?

Juan/Ebru,

I resent the files via File Drop last week. Were you able to download?

Thank you,

Juan,

Thank you for letting me know and sorry for the inconvenience. Unfortunately, this File Drop system has been hit and miss lately, so it is not uncommon for recipients to receive a blank message.

Resending has been the remedy and I will do so shortly.

Thank you,

Greetings, Avlin,

Can you resend the file drop link? I received the file drop email before receiving this email but it contained no link or message.

Best,

Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593

Office:(951)-770-6308
[email protected]

Ebru/Juan,

Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,

Rincon Band of Luiseño Indians

CULTURAL RESOURCES DEPARTMENT
One Government Center Lane | Valley Center | CA 92082 (760) 749-1051 | Fax: (760) 749-8901 | rincon-nsn.gov

Bo Mazzetti
Chairman
Tishmall Turner
Vice Chair
Laurie E. Gonzalez
Council Member
Alfonso Kolb, Sr.

Council Member
John Constantino
Council Member

October 28, 2020

Sent via email: [email protected]
City of Temecula
Avlin Odviar
41000 Main Street
Temecula, CA 92590

Re: Diaz Road Expansion Project; PW17-25

Dear Avlin Odviar,

This letter is written on behalf of the Rincon Band of Luiseño Indians (“Rincon Band” or “Band”), a federally recognized Indian Tribe and sovereign government. Thank you for providing us with the Cultural Assessment.

We have reviewed the provided documents and we are in agreement with the proposed measures in the report, which include archaeological and tribal monitoring, a monitoring report, and protocols for discovery of cultural material and human remains. When available, please provide the Band with the cultural mitigation measures for the project for review and comment.

We do request that the Rincon Band be notified of any changes in project plans. In additi on, we request a copy of the final monitoring report, when available.

The Rincon Band reserves its right to continue to fully participate in the environmental review process and to review and submit additional information during the public review process. If you have additional questions or concerns, please do not hesitate to contact our office at your convenience at (760) 297 -2635 or via electronic mail at [email protected]. We look forward to working together to protect and preserve our cultural assets.

Sincerely,

Cheryl Madrigal
Tribal Historic Preservation Officer
Cultural Resources Manager

From:Cheryl Madrigal
To:Avlin Odviar
Cc:Deneen Pelton
Subject:Diaz Road Expansion Project
Date:Wednesday, October 28, 2020 8:11:39 AM
Attachments:image001.jpg
Diaz Road Expansion Project.pdf
Avlin,

Please see attached response letter to above mentioned project. If you have any questions or comments, please contact us.

Thank you for the opportunity to protect our cultural assets.

Cheryl

seal-rincon-website_03

This message is intended only for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender of this E-Mail by return E-Mail or by telephone. In accordance with Internal Revenue Service Circular 230, we advise you that if this email contains any tax advice, such tax advice was not intended or written to be used, and it cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer.

City of Temecula
41000 Main Street  Temecula, California 92590
Phone (951) 694-6444  www.TemeculaCA.gov

October 1, 2021

Ms. Ebru Ozdil (via email [email protected])
Mr. Juan Ochoa (via email [email protected])
Pechanga Band of Luiseño Indians
Pechanga Cultural Resources Department

SUBJECT: UPDATED INFO – PREPARATION FOR AB52 CONSULTATION PROJECT: DIAZ ROAD EXPANSION, PW17-25

In October 2020, I transmitted the project Cultural Resources Survey (incl. appendices) and 30% Plans for your information and consideration.

We have progressed the project to 60% design. A pdf of the 60% plan set will be transmitted to you via the City of Temecula’s File Drop system. Please look for an email from “City of Temecula – File Drop” which contains a link for you to download the digital file.

Feel free to contact me with any questions or for additional information 951.693.3969 or [email protected].

Sincerely,

Avlin R. Odviar, PE
Senior Civil Engineer

EC: S. Cooper, City of Temecula
G. Powell, David Evans and Associates
D. Crook, Helix Environmental Planning

From:Avlin Odviar
To:Ebru Ozdil; [email protected]
Cc:Scott Cooper; Gavin Powell - David Evans and Associates ([email protected]); David Crook Subject:RE: PW17-25 Diaz Rd Expansion - Project Info Update Date:Friday, October 1, 2021 3:32:13 PM
Attachments:20211001 AO to PECHANGA - AB52 Consultation Info - 60% Plans.pdf Ebru/Juan,

Please refer to attached letter. The project design has reached 60%. A copy of the 60% plans will be transmitted later today via the City of Temecula’s File Drop system.

Thank you,

From: Avlin Odviar
Sent: Thursday, October 8, 2020 10:02 AM
To: Ebru Ozdil ; [email protected]
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook
Subject: PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation

Ebru/Juan,

Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,

Avlin Odviar
Senior Civil Engineer
City of Temecula
(951) 693-3969
[email protected]
41000 Main St, Temecula, CA 92590

From:Juan Ochoa
To:Avlin Odviar; Ebru Ozdil
Cc:Scott Cooper; Gavin Powell - David Evans and Associates ([email protected]); David Crook; Molly Earp; Paul Macarro
Subject:RE: PW17-25 Diaz Rd Expansion - Project Info Update Date:Friday, October 1, 2021 4:25:20 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Alvin,

Thank you for providing the plans, they were successfully downloaded. I’ve included Molly Earp and Paul Macarro in this email, please include them all future correspondences.

Best,

Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593
Office:(951)-770-6308
[email protected]

From: Avlin Odviar [ mailto:[email protected]] Sent: Friday, October 1, 2021 3:32 PM
To: Ebru Ozdil ; Juan Ochoa
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook
Subject: RE: PW17-25 Diaz Rd Expansion - Project Info Update

Ebru/Juan,

Please refer to attached letter. The project design has reached 60%. A copy of the 60% plans will be transmitted later today via the City of Temecula’s File Drop system.

Thank you,

From: Avlin Odviar
Sent: Thursday, October 8, 2020 10:02 AM

To: Ebru Ozdil ; [email protected]
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook
Subject: PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation

Ebru/Juan,

Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,

From:Avlin Odviar
To:Juan Ochoa
Subject:RE: PW17-25 Diaz Rd Expansion - Project Info Update Date:Friday, October 1, 2021 4:37:57 PM
Thank you, Juan. Will do.

Regards,

From: Juan Ochoa
Sent: Friday, October 1, 2021 4:25 PM
To: Avlin Odviar ; Ebru Ozdil
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook ; Molly Earp
; Paul Macarro
Subject: RE: PW17-25 Diaz Rd Expansion - Project Info Update

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Alvin,

Thank you for providing the plans, they were successfully downloaded. I’ve included Molly Earp and Paul Macarro in this email, please include them all future correspondences.

Best,

Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593
Office:(951)-770-6308
[email protected]

From: Avlin Odviar [ mailto:[email protected]] Sent: Friday, October 1, 2021 3:32 PM
To: Ebru Ozdil ; Juan Ochoa

Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook
Subject: RE: PW17-25 Diaz Rd Expansion - Project Info Update

Ebru/Juan,

Please refer to attached letter. The project design has reached 60%. A copy of the 60% plans will be transmitted later today via the City of Temecula’s File Drop system.

Thank you,

Ebru/Juan,

Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,

Avlin Odviar
Senior Civil Engineer
City of Temecula
(951) 693-3969
[email protected]
41000 Main St, Temecula, CA 92590

From:Avlin Odviar
To:Juan Ochoa; Ebru Ozdil; Molly Earp; Paul Macarro
Cc:Scott Cooper; Gavin Powell - David Evans and Associates ([email protected]); David Crook Subject:PW17-25 Diaz Rd Expansion - Draft IS MND
Date:Thursday, November 18, 2021 9:54:29 AM
Attachments:20211110 IS MND - 1ST Draft.docx
Ebru/Juan – Attached for your consideration is a 1st Draft of the IS MND for the Diaz Road Expansion project.

I’d appreciate your feedback by December 2, 2021.

Thank you,

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Alvin,

Thank you for providing the plans, they were successfully downloaded. I’ve included Molly Earp and Paul Macarro in this email, please include them all future correspondences.

Best,

Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593
Office:(951)-770-6308
[email protected]

Ebru/Juan,

Please refer to attached letter. The project design has reached 60%. A copy of the 60% plans will be transmitted later today via the City of Temecula’s File Drop system.

Thank you,

Ebru/Juan,

Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,

Avlin Odviar
Senior Civil Engineer
City of Temecula
(951) 693-3969
[email protected]
41000 Main St, Temecula, CA 92590

From:Avlin Odviar
To:Juan Ochoa; Ebru Ozdil; Molly Earp; Paul Macarro
Cc:Scott Cooper; Gavin Powell - David Evans and Associates ([email protected]); David Crook Subject:RE: PW17-25 Diaz Rd Expansion - Draft IS MND
Date:Monday, December 6, 2021 4:30:12 PM
Ebru/Juan – Following up on this. Please provide status/ETA.

Thank you,

Ebru/Juan – Attached for your consideration is a 1st Draft of the IS MND for the Diaz Road Expansion project.

I’d appreciate your feedback by December 2, 2021.

Thank you,

From: Juan Ochoa
Sent: Friday, October 1, 2021 4:25 PM
To: Avlin Odviar ; Ebru Ozdil

Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook ; Molly Earp
; Paul Macarro
Subject: RE: PW17-25 Diaz Rd Expansion - Project Info Update

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Alvin,

Thank you for providing the plans, they were successfully downloaded. I’ve included Molly Earp and Paul Macarro in this email, please include them all future correspondences.

Best,

Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593
Office:(951)-770-6308
[email protected]

Ebru/Juan,

Please refer to attached letter. The project design has reached 60%. A copy of the 60% plans will be transmitted later today via the City of Temecula’s File Drop system.

Thank you,

From: Avlin Odviar
Sent: Thursday, October 8, 2020 10:02 AM

To: Ebru Ozdil ; [email protected]
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook
Subject: PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation

Ebru/Juan,

Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,

From:Avlin Odviar
To:Ebru Ozdil
Cc:Molly Earp; Juan Ochoa
Subject:RE: PW17-25 Diaz Rd Expansion - Draft IS MND
Date:Monday, December 6, 2021 4:36:24 PM
[Verified City Account]
Ebru - No worries, that'll be fine.

Thank you, Avlin
-----Original Message-----
From: Ebru Ozdil
Sent: Monday, December 6, 2021 4:35 PM
To: Avlin Odviar
Cc: Molly Earp ; Juan Ochoa
Subject: Re: PW17-25 Diaz Rd Expansion - Draft IS MND
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

HI Avlin,
Sorry for the delay! We are currently working on it and planning on having our comments to you no later than close of business Wednesday. Thank you
Ebru
From: Avlin Odviar
Date: Monday, December 6, 2021 at 4:30 PM
To: Juan Ochoa , Ebru Ozdil , Molly Earp
, Paul Macarro
Cc: Scott Cooper , "Gavin Powell - David Evans and Associates ([email protected])" , David Crook
Subject: RE: PW17-25 Diaz Rd Expansion - Draft IS MND
Ebru/Juan – Following up on this. Please provide status/ETA.

Thank you,
Avlin Odviar
Senior Civil Engineer
City of Temecula
(951) 693-3969
[email protected] mailto:[email protected] > TemeculaCA.gov http://temeculaca.gov >
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From: Avlin Odviar
Sent: Thursday, November 18, 2021 9:54 AM
To: Juan Ochoa ; Ebru Ozdil ; Molly Earp
; Paul Macarro
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates

([email protected]) ; David Crook
Subject: PW17-25 Diaz Rd Expansion - Draft IS MND
[Image removed by sender. Verified City Account]
Ebru/Juan – Attached for your consideration is a 1st Draft of the IS MND for the Diaz Road Expansion project.

I’d appreciate your feedback by December 2, 2021.

From: Juan Ochoa mailto:[email protected] >>
Sent: Friday, October 1, 2021 4:25 PM
To: Avlin Odviar mailto:[email protected] >>; Ebru Ozdil mailto:[email protected] >>
Cc: Scott Cooper mailto:[email protected] >>; Gavin Powell - David Evans and Associates ([email protected] mailto:[email protected] >) mailto:[email protected] >>; David Crook
mailto:[email protected] >>; Molly Earp mailto:[email protected] >>; Paul Macarro mailto:[email protected] >> Subject: RE: PW17-25 Diaz Rd Expansion - Project Info Update CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Alvin,
Thank you for providing the plans, they were successfully downloaded. I’ve included Molly Earp and Paul Macarro in this email, please include them all future correspondences.

Best,
Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer Pechanga Cultural Resources Department P.O. Box 2183 Temecula, CA 92593
Office:(951)-770-6308
[email protected] mailto:[email protected] > From: Avlin Odviar [ mailto:[email protected]] Sent: Friday, October 1, 2021 3:32 PM
To: Ebru Ozdil mailto:[email protected] >>; Juan Ochoa mailto:[email protected] >> Cc: Scott Cooper mailto:[email protected] >>; Gavin Powell - David Evans and Associates ([email protected] mailto:[email protected] >) mailto:[email protected] >>; David Crook
mailto:[email protected] >>
Subject: RE: PW17-25 Diaz Rd Expansion - Project Info Update

Ebru/Juan,
Please refer to attached letter. The project design has reached 60%. A copy of the 60% plans will be transmitted later today via the City of Temecula’s File Drop system.

From: Avlin Odviar mailto:[email protected] >> Sent: Thursday, October 8, 2020 10:02 AM
To: Ebru Ozdil mailto:[email protected] >>; jochoa@pechanga- nsn.gov mailto:[email protected] >
Cc: Scott Cooper mailto:[email protected] >>; Gavin Powell - David Evans and Associates ([email protected] mailto:[email protected] >) mailto:[email protected] >>; David Crook
mailto:[email protected] >>
Subject: PW17-25 Diaz Rd Expansion - Project Info - AB52 Consultation [Image removed by sender. Verified City Account]
Ebru/Juan,
Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

Thank you,
Avlin Odviar
Senior Civil Engineer
City of Temecula
(951) 693-3969
[email protected] mailto:[email protected] > 41000 Main St, Temecula, CA 92590
[Image removed by sender. Visit our Website] http://temeculaca.gov/ > Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From:Ebru Ozdil
To:Avlin Odviar
Cc:Molly Earp; Juan Ochoa
Subject:Re: PW17-25 Diaz Rd Expansion - Draft IS MND
Date:Monday, December 6, 2021 4:35:29 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

From: Avlin Odviar
Sent: Thursday, November 18, 2021 9:54 AM
To: Juan Ochoa ; Ebru Ozdil ; Molly Earp
; Paul Macarro
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates ([email protected]) ; David Crook
Subject: PW17-25 Diaz Rd Expansion - Draft IS MND
[Image removed by sender. Verified City Account]
Ebru/Juan – Attached for your consideration is a 1st Draft of the IS MND for the Diaz Road Expansion project.

I’d appreciate your feedback by December 2, 2021.

Thank you,
Avlin Odviar
Senior Civil Engineer

City of Temecula
(951) 693-3969
[email protected] mailto:[email protected] > TemeculaCA.gov http://temeculaca.gov >
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

Hi Alvin,
Thank you for providing the plans, they were successfully downloaded. I’ve included Molly Earp and Paul Macarro in this email, please include them all future correspondences.

Best,
Juan Ochoa, MLIS
Assistant Tribal Historic Preservation Officer
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593
Office:(951)-770-6308
[email protected] mailto:[email protected] > From: Avlin Odviar [ mailto:[email protected]] Sent: Friday, October 1, 2021 3:32 PM
To: Ebru Ozdil mailto:[email protected] >>; Juan Ochoa mailto:[email protected] >> Cc: Scott Cooper mailto:[email protected] >>; Gavin Powell - David Evans and Associates ([email protected] mailto:[email protected] >) mailto:[email protected] >>; David Crook
mailto:[email protected] >>
Subject: RE: PW17-25 Diaz Rd Expansion - Project Info Update Ebru/Juan,
Please refer to attached letter. The project design has reached 60%. A copy of the 60% plans will be transmitted later today via the City of Temecula’s File Drop system.

Thank you,
Avlin Odviar
Senior Civil Engineer
City of Temecula
(951) 693-3969

[email protected] mailto:[email protected] > TemeculaCA.gov http://temeculaca.gov >
Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

The email from “City of Temecula – File Drop” should follow later today.

From:Avlin Odviar
To:Ebru Ozdil
Cc:Molly Earp; Juan Ochoa
Subject:RE: PW17-25 Diaz Rd Expansion - Draft IS MND
Date:Thursday, December 9, 2021 5:39:09 PM
[Verified City Account]
Ebru - Following up on this. Do you have a status update/ETA? Thank you, Avlin
-----Original Message-----
From: Ebru Ozdil
Sent: Monday, December 6, 2021 4:35 PM
To: Avlin Odviar
Cc: Molly Earp ; Juan Ochoa
Subject: Re: PW17-25 Diaz Rd Expansion - Draft IS MND
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

From: Avlin Odviar
Sent: Thursday, November 18, 2021 9:54 AM
To: Juan Ochoa ; Ebru Ozdil ; Molly Earp
; Paul Macarro
Cc: Scott Cooper ; Gavin Powell - David Evans and Associates

I’d appreciate your feedback by December 2, 2021.

Hi Alvin,
Thank you for providing the plans, they were successfully downloaded. I’ve included Molly Earp and Paul Macarro in this email, please include them all future correspondences.

Ebru/Juan,
Please refer to attached letter. The project design has reached 60%. A copy of the 60% plans will be transmitted later today via the City of Temecula’s File Drop system.

The email from “City of Temecula – File Drop” should follow later today.

From:Molly Earp
To:Avlin Odviar; Ebru Ozdil
Cc:Juan Ochoa
Subject:RE: PW17-25 Diaz Rd Expansion - Draft IS MND
Date:Friday, December 10, 2021 4:27:28 PM
Attachments:20211110 IS MND - 1ST Draft_Pechanga edits.docx CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good Evening Avlin,
Attached are Pechanga's comments on the Draft IS MND. Our comments are on pages 39-40. If you have any comments or concerns please don't hesitate to reach out to Ebru, Juan or myself.

Have a wonderful weekend,
Molly Earp
Cultural Planning Specialist
Pechanga Cultural Resources Department
P.O. Box 2183
Temecula, CA 92593
Email: [email protected]
Office: (951) 770-6314
Fax: (951) 693-2314
Confidential Communication: This message, and any documents or files attached to it contains confidential information and may be legally privileged. Recipients should not file copies of this message and/or attachments with publicly accessible records. If you are not the intended recipient or authorized agent for the intended recipient, you have received this message and attachments in error, and any review, dissemination, or reproduction is strictly prohibited. If you are not the intended recipient, please immediately notify us by reply email or by telephone at (951) 770-6314, and destroy the original transmission and its attachments without reading them or saving them. -----Original Message-----
From: Avlin Odviar [ mailto:[email protected]] Sent: Thursday, December 9, 2021 5:39 PM
To: Ebru Ozdil
Cc: Molly Earp ; Juan Ochoa
Subject: RE: PW17-25 Diaz Rd Expansion - Draft IS MND
Ebru - Following up on this. Do you have a status update/ETA? Thank you, Avlin
-----Original Message-----
From: Ebru Ozdil
Sent: Monday, December 6, 2021 4:35 PM
To: Avlin Odviar
Cc: Molly Earp ; Juan Ochoa
Subject: Re: PW17-25 Diaz Rd Expansion - Draft IS MND
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

HI Avlin,

Sorry for the delay! We are currently working on it and planning on having our comments to you no later than close of business Wednesday. Thank you
Ebru
From: Avlin Odviar
Date: Monday, December 6, 2021 at 4:30 PM
To: Juan Ochoa , Ebru Ozdil , Molly Earp
, Paul Macarro
Cc: Scott Cooper , "Gavin Powell - David Evans and Associates ([email protected])" , David Crook
Subject: RE: PW17-25 Diaz Rd Expansion - Draft IS MND
Ebru/Juan – Following up on this. Please provide status/ETA.

I’d appreciate your feedback by December 2, 2021.

Evans and Associates ([email protected] mailto:[email protected] >) mailto:[email protected] >>; David Crook
mailto:[email protected] >>; Molly Earp mailto:[email protected] >>; Paul Macarro mailto:[email protected] >> Subject: RE: PW17-25 Diaz Rd Expansion - Project Info Update CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Alvin,
Thank you for providing the plans, they were successfully downloaded. I’ve included Molly Earp and Paul Macarro in this email, please include them all future correspondences.

[Image removed by sender. Verified City Account]
Ebru/Juan,
Please see attached for letter transmittal regarding information requested in advance of our AB52 consultation.

The email from “City of Temecula – File Drop” should follow later today.

1 MITIGATION MONITORING AND REPORTING PROGRAM
Purpose of Mitigation Monitoring and Reporting Program: The California Environmental Quality Act (CEQA), Public Resources Code Section 21081.6, requires that a Mitigation Monitoring and Reporting Program (MMRP) be established upon completing findings. CEQA stipulates that “the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation.”
This MMRP has been prepared in compliance with Section 21081.6 of CEQA to ensure that all required mitigation measures are implemented and completed according to schedule and maintained in a satisfactory manner during the construction of the project, as required. Table 1 has been prepared to assist the responsible parties in implementing the MMRP. The table identifies individual mitigation measures, monitoring/mitigation timing, the responsible agency for implementing the measure, and space to confirm implementation of the mitigation measures. The numbering of mitigation measures follows the numbering sequence found in the Initial Study/Mitigated Negative Declaration (IS/MND).

The City of Temecula (City) is the lead agency for the project under CEQA and shall administer and implement the MMRP. The City is responsible for review of all monitoring reports, enforcement actions, and document disposition. The City shall rely on information provided by the project site observers/ monitors (e.g., construction manager, project manager, archaeologist, etc.) as accurate and up-to-date and shall provide personnel to field check mitigation measure status, as required.

Project Description: The Diaz Road Expansion Project (project) is located in the northwestern portion of the City of Temecula (City) in Riverside County, California. The project proposes to improve Diaz Road to meet the roadway classification requirements of a major arterial with four divided lanes, as specified by City Standard No. 101, between Cherry Street and Rancho California Road. The standards call for a 100- ft minimum right-of-way, 76-ft roadway with a 14-ft raised median, and 12-ft parkways on each side of the road. The approximately 2.2-mile segment would be improved on its current horizontal alignment and as depicted in the City’s General Plan, Circulation Element, Figure C-2 Roadway Plan. As such, the proposed project would widen the existing Diaz Road segment and extend the northwestern end of Cherry Street. The project would complete the City’s only existing north-south corridor west of Murrieta Creek. North of Cherry Street, this north-south corridor is planned to continue as Washington Avenue within the City of Murrieta.

The project site encompasses the existing Diaz Road segment between Rancho California Road and Cherry Street and the adjacent areas into which the roadways would be widened. At the northernmost end of the project site (north of Dendy Parkway), Diaz Road transitions to an unimproved dirt road. All widening activities would occur on the northeast side of Diaz Road, which would infringe upon public walking and biking pathways associated with the Murrieta Creek Regional Trail, as well as several small fenced/walled enclosures containing existing utility and water infrastructure (i.e., wells, piping, tanks, and small outbuildings). With the exception of the small outbuildings in these utility enclosures, there are no existing buildings on the project site. Land uses at the project site include mostly existing public roadway, a small portion of dirt road, portions of an adjoining public walking/biking pathway, and some undeveloped land. Land uses in the vicinity of the project site consist of industrial and commercial developments to the west and south, Murrieta Creek and public walking/biking pathways to the northeast, and mostly undeveloped land to the north. The elevation of the project site ranges from approximately 1,000 to 1,040 feet above mean sea level (AMSL) and the topography is relatively flat as a

Diaz Road Expansion Project Mitigation Monitoring and Reporting Program 2 graded roadway, with an overall downward slope toward the southeast, and some localized sloping toward Murrieta Creek, which is located 200 feet to the northeast.

Signing and striping improvements for intersecting streets would be provided to the extent necessary to safely transition lane configurations and turning movements to existing improvements. These improvements would be in accordance with the latest edition(s) of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the City’s requirements and specifications. Signal modifications would be needed at the intersection of Winchester Road and Rancho Way to accommodate revised turning movements and the Diaz Road widening. Landscape and planting improvements would include decorative rock, boulders and hardscape improvements for the center median, easterly parkway, and westerly parkway where existing landscape improvements do not exist. The median and parkway improvements would be in accordance with the City’s landscape guidelines. In addition, streetlights would be installed as appropriate according to the City’s design standards for type, location, and spacing. Storm drains would also be installed as appropriate along the expanded roadway to include catch basins and low impact development improvements.

Construction is anticipated to begin in Fall 2022 and last approximately 16 months. Construction activities would include site preparation, demolition of existing roadway, grading, installation of drainage and utilities, retaining walls, and paving. During construction, material such as vegetation, soil, old asphalt and concrete may be exported from the site and material such as soil, aggregate, asphalt and concrete may be imported to the site. Construction Best Management Practices (BMPs) would include maintaining existing slope stabilization measures, stabilizing all slopes greater than three feet in height, and providing inlet protection, gravel bags, and silt fences where applicable. In addition, a Traffic Control Plan would be implemented during construction of the project to maintain traffic flow and safety during project construction activities.

Diaz Road Expansion Project Mitigation Monitoring and Reporting Program 3 Table 1

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST FOR THE

DIAZ ROAD EXPANSION PROJECT
Mitigation Measure Monitoring/
Mitigation Timing
Responsible for
Monitoring
Verification of
Compliance
Initials Date

BIOLOGICAL RESOURCES
BIO-1 Burrowing Owl: In compliance with the MSHCP, a pre-construction survey shall be conducted on the study area within 30 days prior to ground disturbance to determine presence of burrowing owls. If the pre-construction survey is negative and burrowing owl is confirmed absent, then ground-disturbing activities (i.e., earthwork, clearing, and grubbing) shall be allowed to commence and no further mitigation would be required.

If BUOW is observed during the pre-construction survey, active burrows shall be avoided by the project in accordance with the California Department of Fish and Wildlife’s (CDFW) Staff Report on Burrowing Owl Mitigation (2012) or CDFW’s most recent guidelines. The Project Proponent shall immediately inform the Western Riverside County Regional Conservation Authority (RCA) of BUOW observations. A BUOW Protection and Relocation Plan (plan) shall be prepared by a qualified biologist, which must be sent for approval by RCA prior to initiating ground disturbance. The RCA will coordinate directly with CDFW as needed to ensure that the plan is consistent with the MSHCP and CDFW guidelines. The plan shall detail avoidance measures that shall be implemented during construction and passive or active relocation methodology. Relocation shall only occur outside of the nesting season (September 1 through January 31). The RCA may require translocation sites to be created within the MSHCP Conservation Area for the establishment of new colonies. If required, the translocation sites must take into consideration unoccupied habitat areas, presence of burrowing mammals, existing colonies, and effects to other MSHCP Covered Species in order to successfully create suitable habitat for BUOW. The translocation sites must be developed in consultation with RCA. If required, translocation sites would also be described in the agency-approved plan.

Prior to and throughout
grading and construction
activities
City /
Construction
contractor

BIO-2 Least Bell’s vireo: Due to presence of LBVI in the vicinity of the study area, the following avoidance and minimization measures shall be implemented to avoid potential impacts:

Throughout construction
activities
City/
Construction
contractor

Diaz Road Expansion Project Mitigation Monitoring and Reporting Program 4 Table 1

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST FOR THE

DIAZ ROAD EXPANSION PROJECT
Mitigation Measure Monitoring/
Mitigation Timing
Responsible for
Monitoring
Verification of
Compliance
Initials Date
(1) To the extent feasible, construction activities (i.e., earthwork, clearing, and grubbing) shall occur outside of the nesting season for LBVI (September 1 through March 14).
(2) If construction activities are proposed within the LBVI nesting season (March 15 through August 31), the following measures (a. through g.) shall be implemented to avoid potential indirect impacts.
(a) At the start of each new stretch of construction, weekly limits will be identified by the contractor, and a qualified biologist will conduct weekly pre-construction surveys to determine the presence of LBVI nest-building activities, egg incubation activities, or brood-rearing activities within 300 feet of anticipated construction activities for the coming week. Surveys will be conducted more frequently if construction could progress beyond the limits of the weekly surveyed area.
(b) If nesting LBVI is observed during the weekly pre-construction surveys, a qualified biological monitor shall clearly delineate a 300-foot avoidance buffer around occupied habitat. The 300-foot avoidance buffer shall be clearly marked with flags and/or fencing prior to commencement of construction. No construction activities shall occur within the 300-foot buffer during the nesting season without the presence of a biological monitor.
(c) If construction activities (e.g., ground disturbance and canopy trimming) must occur within 300 feet of occupied habitat, the following measures shall be implemented:
(i) A biological monitor shall be present to perform daily surveys for LBVI and monitor construction activities. The biological monitor shall have the authority to stop work and notify the construction supervisor if the biologist feels construction activities could alter the birds’ normal behavior. The activities shall cease until additional

Diaz Road Expansion Project Mitigation Monitoring and Reporting Program 5 Table 1

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST FOR THE

DIAZ ROAD EXPANSION PROJECT
Mitigation Measure Monitoring/
Mitigation Timing
Responsible for
Monitoring
Verification of
Compliance
Initials Date
minimization measures have been determined through coordination with CDFW and/or USFWS.
(ii) A qualified acoustician shall also be retained to determine ambient noise levels and construction-related noise levels at the edge of occupied habitat. Noise levels at the edge of the occupied habitat shall not exceed an hourly average of 60 dBA, or an hourly average increase of 3 dBA if existing ambient noise levels exceed 60 dBA. If project-related noise levels exceed the threshold described above, construction activities shall cease until additional minimization measures, such as visual and auditory barriers (e.g., sound wall), are taken to reduce project-related noise levels to below an hourly average of 60 dBA, or below an hourly average increase of 3 dBA if existing ambient noise levels exceed 60 dBA. If additional measures do not decrease project-related noise levels below the thresholds described above, construction activities shall cease until CDFW and/or USFWS are contacted to discuss alternative methods. (d) All project personnel shall attend a Workers Environmental Awareness Program training presented by a qualified biologist prior to construction activities. The training program will inform project personnel about the life history of LBVI and all avoidance and minimization measures. (e) The construction contractor shall only allow construction activities to occur during daylight hours.
(f) The construction contractor shall require functional mufflers on all construction equipment (stationary or mobile) used within or immediately adjacent to any 300-foot avoidance buffers to reduce construction equipment noise. Stationary equipment shall be situated so that noise generated from the equipment is not directed towards any occupied habitat for the LBVI.

Diaz Road Expansion Project Mitigation Monitoring and Reporting Program 6 Table 1

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST FOR THE

DIAZ ROAD EXPANSION PROJECT
Mitigation Measure Monitoring/
Mitigation Timing
Responsible for
Monitoring
Verification of
Compliance
Initials Date
(g) The construction contractor shall place staging areas as far as possible from any suitable occupied habitat for the LBVI.
(h) The biological monitor shall prepare written documentation of all monitoring activities at the completion of construction activities, which shall be submitted to CDFW and/or USFWS.

BIO-3 Nesting Birds: To the extent possible, construction activities (i.e., earthwork, clearing, and grubbing) shall occur outside of the general bird nesting season for migratory birds, which is March 15 through August 31 for songbirds and January 15 to August 31 for raptors.

If construction activities (i.e., earthwork, clearing, and grubbing) must occur during the general bird nesting season for migratory birds (March 15 and August 31) and raptors (January 15 and August 31), a qualified biologist shall be retained to perform a pre-construction survey of potential nesting habitat to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the MBTA and CFG Code. The pre-construction survey shall be performed no more than seven days prior to the commencement of construction activities. The results of the pre-construction survey shall be documented by a qualified biologist. If construction is inactive for more than seven days, an additional survey shall be conducted.

If the qualified biologist determines that no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements.

If the qualified biologist determines that an active migratory bird or raptor nest is present, no impacts within 300 feet (500 feet for raptors) of the active nest shall occur until the young have fledged the nest, and the nest is confirmed to no longer be active, or as determined by the qualified biologist. The biological monitor may modify the buffer as applicable for the specific bird species and type of work, or propose other recommendations to avoid indirect impacts to nesting birds.

Prior to construction and
as needed during
construction
City/
Construction
contractor

Diaz Road Expansion Project Mitigation Monitoring and Reporting Program 7 Table 1

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST FOR THE

DIAZ ROAD EXPANSION PROJECT
Mitigation Measure Monitoring/
Mitigation Timing
Responsible for
Monitoring
Verification of
Compliance
Initials Date
BIO-4 Jurisdictional Resources: Prior to issuance of a grading permit for impacts to jurisdictional resources, the City shall obtain regulatory permits from USACE, RWQCB, and CDFW (collectively, the “Resource Agencies”). Compensatory mitigation for permanent impacts to jurisdiction shall be required as part of subsequent permitting requirements. Permanent impacts to jurisdictional resources shall be mitigated through on-site or off-site enhancement, restoration, and/or creation of jurisdictional streambed at a mitigation-to-impact ratio of no less than 2:1. The following minimization measures will be implemented during construction:
• Use of standard BMPs to minimize the impacts during construction. • Construction-related equipment will be stored in developed areas, outside of drainages.
• Source control and treatment control BMPs will be implemented to minimize the potential contaminants that are generated during and after construction.

Water quality BMPs will be implemented throughout the project to capture and treat potential contaminants.
• To avoid attracting predators during construction, the project shall be kept clean of debris to the extent possible. All food-related trash items shall be enclosed in sealed containers and regularly removed from the site. • Employees shall strictly limit their activities, vehicles, equipment, and construction material to the proposed project footprint, staging areas, and designated routes of travel.
• Exclusion fencing should be maintained until the completion of construction activities.

Prior to issuance of
grading permit
City
BIO-5 Protected Trees: Prior to impacting any trees within the project site, a tree survey shall be conducted in accordance with the City of Temecula’s Heritage Tree Ordinance (Section 8.48 of the City’s Municipal Code). If trees subject to this Prior to ground disturbing
or vegetation removal
activities
City

Diaz Road Expansion Project Mitigation Monitoring and Reporting Program 8 Table 1

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST FOR THE

DIAZ ROAD EXPANSION PROJECT
Mitigation Measure Monitoring/
Mitigation Timing
Responsible for
Monitoring
Verification of
Compliance
Initials Date
ordinance must be damaged or removed within the project site, a Heritage Tree Removal or Relocation Permit must be obtained prior to damage or removal.

BIO-6 MSHCP Landscaping Restrictions: In accordance with MSHCP Section 6.1.4, no species listed in Table 6-2, Plants that Should Be Avoided Adjacent to the MSHCP Conservation Area, of the project GBRA shall be used in the project landscape plans (including hydroseed mix used for interim erosion control).

Prior to award of
construction contract
This mitigation measure
shall be included in
construction documents
for implementation during
construction
City/
Construction
contractor

BIO-7 Habitat Conservation Plan Fees: The City is subject to the MSHCP LDMF and the SKR HCP Fee, which shall be paid prior to issuance of any grading permit.

Prior to issuance of
grading permit
City

CULTURAL RESOURCES
CUL-1 At least 30 days prior to the start any ground-disturbing activities, the City shall contact the Pechanga Tribe to develop a Cultural Resources Treatment and Monitoring Agreement (“Agreement”). The Agreement shall address the treatment and final disposition of any tribal cultural resources, sacred sites, human remains, or archaeological resources inadvertently discovered on the project site; project grading, ground disturbance, and development scheduling; the designation, responsibilities, and participation of tribal monitor(s) during grading, excavation, and ground disturbing activities; and compensation for the tribal monitors, including overtime, weekend rates, and mileage reimbursements.

Prior to ground disturbing
activities
This mitigation measure
shall be included in
construction documents
for implementation during
construction
City and
Pechanga tribal
representatives

CUL-2 A qualified archaeologist and Pechanga tribal monitor shall attend a pre- construction meeting with City staff, the contractor, and appropriate subcontractors to discuss the monitoring program, including protocols to be followed in the event that cultural material is encountered.

Prior to grading or
construction activities
City/
Construction
contractor and
Pechanga tribal
representatives

CUL-3 A qualified archaeological monitor and a Pechanga tribal monitor shall be present for ground-disturbing activities in areas with a potential for encountering cultural material; monitoring will not be required in areas that have been previously Prior to and throughout
grading activities
City/
Construction
contractor and

Diaz Road Expansion Project Mitigation Monitoring and Reporting Program 9 Table 1

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST FOR THE

DIAZ ROAD EXPANSION PROJECT
Mitigation Measure Monitoring/
Mitigation Timing
Responsible for
Monitoring
Verification of
Compliance
Initials Date
graded/cut to below cultural levels. At least seven business days prior to project grading, the City shall contact the tribal monitors to notify the Tribe of grading/excavation and the monitoring program/schedule, and to coordinate with the Tribe on the monitoring work schedule. Both the archaeologist and the tribal monitor shall have the authority to stop and redirect grading activities in order to evaluate the nature and significance of any archaeological resources discovered within the Area of Potential Effect (APE). Such evaluation shall include culturally appropriate temporary and permanent treatment pursuant to the Agreement, which may include avoidance of cultural resources, in-place preservation, data recovery, and/or reburial so they are not subject to further disturbance in perpetuity, per CUL 1. Any reburial shall occur at a location predetermined between the City and the Pechanga tribe, details of which are to be addressed in the Cultural Resources Treatment and Monitoring Agreement in mitigation measure CUL-1. Treatment may also include curation of the cultural resources at a tribal curation facility, as determined in discussion among the City, the qualified archaeologist, and the tribal representatives and addressed in the Cultural Resources Treatment and Monitoring Agreement referenced in mitigation measure CUL-1.

This mitigation measure
shall be included in
construction documents
for implementation during
construction
Pechanga tribal
representatives
CUL-4 All artifacts discovered at the development site shall be inventoried and analyzed by the qualified archaeologist and tribal monitor(s). A monitoring report will be prepared, detailing the methods and results of the monitoring program, as well as the disposition of any cultural material encountered.

Throughout grading and
construction activities
This mitigation measure
shall be included in
construction documents
for implementation during
construction
City/
Construction
contractor and
Pechanga tribal
representatives

CUL-5 The City shall relinquish ownership of all cultural resources, including sacred items, burial goods, and all archaeological artifacts that are found within the project area, for proper treatment and disposition pursuant to the Agreement required in mitigation measure CUL-1.

Throughout grading and
construction activities

City and
Pechanga tribal
representatives

Diaz Road Expansion Project Mitigation Monitoring and Reporting Program 10 Table 1

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST FOR THE

DIAZ ROAD EXPANSION PROJECT
Mitigation Measure Monitoring/
Mitigation Timing
Responsible for
Monitoring
Verification of
Compliance
Initials Date
CUL-6 If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the NAHC must be contacted within 24 hours. The NAHC must then immediately identify the most likely descendant(s) for purposes of receiving notification of discovery. The most likely descendant(s) shall then make recommendations within 48 hours of being granted access to the site and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98 and the agreement described in mitigation measure CUL-1.

Throughout grading and
construction activities

City/County
Coroner

GEOLOGY AND SOILS
GEO-1 Site-specific Geotechnical Investigation. A site-specific geotechnical investigation shall be completed prior to final site design approval by the City to identify site- specific criteria related to considerations such as grading, excavation, fill, and structure/facility design. All applicable results and recommendations from the geotechnical investigation will be incorporated into the project design and construction documents to address identified potential geologic and soil hazards, including but not necessarily limited to: (1) seismic hazards including ground rupture, ground acceleration (ground shaking), soil liquefaction (and related issues such as dynamic settlement and lateral spreading), landslides/slope instability, and seiche effects; and (2) non-seismic hazards including manufactured slope instability, subsidence/compressible soils, expansive or corrosive soils, and trench/excavation instability. The final project design and construction documents will also encompass applicable standard design and construction practices from established regulatory/ industry sources including the California Building Code (CBC), International Building Code (IBC), California Geological Survey (CGS), Greenbook standards, as well as the results/recommendations of geotechnical review and field observations/testing to be conducted during project excavation, Prior to final site design
approval
City

Diaz Road Expansion Project Mitigation Monitoring and Reporting Program 11 Table 1

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST FOR THE

DIAZ ROAD EXPANSION PROJECT
Mitigation Measure Monitoring/
Mitigation Timing
Responsible for
Monitoring
Verification of
Compliance
Initials Date
grading, and construction activities (with all related requirements to be included in applicable engineering/design drawings and construction contract specifications).

PALEONTOLOGICAL RESOURCES
PAL-1 Prior to construction, a paleontological resource monitoring and mitigation plan (PRMMP) shall be prepared. It shall provide detailed recommended monitoring locations; a description of a paleontological resources worker environmental awareness program to inform construction personnel of the potential for fossil discoveries and of the types of fossils that may be encountered; detailed procedures for monitoring, fossil recovery, laboratory analysis, and museum curation; and notification procedures in the event of a fossil discovery by a paleontological monitor or other project personnel. In the event that paleontological resources are discovered during the construction phase of the project, a curation agreement from the Western Science Center, or another accredited repository, shall also be obtained.

Prior to grading and
construction activities
This mitigation measure
shall be included in
construction documents
for implementation during
construction
City/
Construction
contractor

PAL-2 Construction excavations that disturb the Pleistocene-age Pauba Formation, Fanglomerate Member, or Pleistocene-age older alluvial flood plain deposits shall be monitored full-time by a qualified paleontologist. Additionally, artificial fill, young alluvial fan deposits, and young alluvial channel deposits shall be initially spot-checked to determine if older, more paleontologically sensitive deposits are disturbed at depth. If older sedimentary geologic units are not disturbed by construction activities in these areas, then monitoring can be reduced or ceased at the discretion of a qualified paleontologist in consultation with the City.

Throughout grading and
construction activities
This mitigation measure
shall be included in
construction documents
for implementation during
construction
Project
Paleontologist/
City

TRIBAL CULTURAL RESOURCES
Refer to Mitigation Measures CUL-1 through CUL-5 above.

City af Temecula
Community Development
41000 Main Street - Temecula, CA 92590
Phone (951 ) 694-6400 - Fax (951 ) 694-6477 - TemeculaCA.gov

VIA -ELECTRONIC SUBMITTAL
[email protected]
May 25, 2022
Supervising Legal Certification Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92501-0751
SUBJECT: Mitigated Negative Declaration (SCH# 2022010554) for the Diaz Road Expansion Project (PW17-25)
Dear Sir/Madam:

Enclosed is the Notice of Determination for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a receipt in the amount of $2,598.00 for the County Administrative fee to enable the City to file the Notice of Determination for the Mitigated Negative Declaration. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee.

Please email a copy of the Notice of Determination within five working days after the 30-day posting to the email listed below.

Should you have any questions regarding this matter, please contact Senior Civil Engineer, Avlin Odviar, P.E., at (951) 693-3969 or at email avlin.odviarkTemeculaCA.gov.

Sincerely,
Luke Watson
Deputy City Manager
Attachments: Notice of Exemption Form
Electronic Payment - Filing Fee Receipt

City of Temecula
Community Development
Planning Division
Notice of Determination
TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula
P.O. Box 751 41000 Main Street
Riverside, CA 92501-0751 Temecula, CA 92590
SUBJECT: Filing of a Notice of Determination in compliance with the provisions of Section 21152 of the Public Resources Code
State Clearinghouse No.:

Project Title:

Project Location:

Project Description:

Lead Agency:

Contact Person:
2022010554
Diaz Road Expansion Project (PW17-25)
The approximately 2.2-linear mile project site is bordered by Rancho California Road to the south, Cherry Street to the north, and Murrieta Creek to the east.

The project proposes for the widening and extension of Diaz Road between Rancho California Road on the south and Cherry Street on the north.

City of Temecula, County of Riverside
Avlin Odviar, P.E.

Telephone Number: (951) 693-3969
This is to advise you that the City Council for the City of Temecula has approved the above -described project on May 24, 2022, and has made the following determinations regarding this project:

1. The project will not have a significant effect on the environment.

2. That a Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures were made a condition of the approval of the project.

4. A Mitigation Monitoring or Reporting Program was adopted for this project.

5. A Statement of Overriding Consideration was not adopted for this project.

6. Findings were made pursuant to the provisions of CEQA.

This is to certify that the Mitigated Negative Declaration with comments, responses, and record of project approval is available to the General Public at the City of Temecula, 41000 Main Street, Temecula, California, 92590.

Signature:

Luke Watson
Deputy City Manager
Date received for filing at the County Clerk and Recorders Office:

Date:

Adk
C7"` The Heart of Southern California
Wine Country

DIAZ ROAD EXPANSION
Circulation Project
Project Description: Converts Diaz Road into a Major Arterial (4 Lanes Divided) classification, between Cherry Street and Rancho California Road.

Improvements will be added to Diaz Road on its current alignment as shown in the Roadway Plan of the General Plan's Circulation Element. This project includes the design, environmental clearance, right of way acquisition, and construction necessary to complete the 2.2 mile segment, which will be developed and constructed in phases: Phase 1: Diaz Road from Winchester Rd to Rancho California Rd and Phase 2: Diaz Road from Cherry Street to Winchester Rd.

Benefit: This project improves traffic circulation by expanding an important north -south arterial on the west side of the City and completes a portion of the designated Western Bypass.

Core Value: Transportation Mobility and Connectivity
Project Status: Phase 1 is in the design and environmental clearance phase.

Department: Public Works - Account No. 210.265.999.521 / PW17-25 Level: III
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
Project Cost:

Prior Years
Actuals
2020-21
Adjusted
2021-22
Adopted
Budget
2022-23 2023-24
Projected Projected
2024-25 2025-26
Projected Projected
Total Project
Cost
Administration
39,799
123,714
8,522
60,000
139,478
371,513
Construction
5,700,000
2,800,000
8,500,000
Construction Engineering
560,000
255,000
815,000
Design & Environmental
332,845
733,078
223,555
280,000
1,569,478
MSHCP
285,000
140,000
425,000
Total Expenditures
1 372,6441
856,792
8,522
6,828,555
3,614,4781
11,680,991
Source of Funds:

DIF-Street Improvements
590
590
Measure S
162,923
8,522 3,328,555
3,500,000

TUMF (WRCOG)
1,065,923 3,500,000
4,565,923
Unspecified
3,614,478
3,614,478
Total Funding
i 163,513
1,065,923 8,522 6,828,555 3,614,478
11,680,991
Future Operating & Maintenance Costs:

Total Operating Costs
Notes :

1. TUMF Zone funding is pursuant to approval of the Public Works Committee to program PAED and ENG to Diaz Road (designated Western Bypass) After the approval of the WRCOG Executive Committee, an agreement between the City and WRCOG will need to be executed. After the PAED and ENG phases are complete, City will request that any unused funds be reprogrammed to the CON phase. 66 Item No. 9

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 24, 2022
SUBJECT: Approve Purchase and Sale Agreement for Acquisition of Certain Property Interests on Assessor's Parcel Number 910-100-018 in Connection with I-I5/French Valley Parkway Improvements — Phase II, PW16-01 PREPARED BY: Amer Attar, Engineering Manager
Kendra Hannah-Meistrell, Senior Civil Engineer
RECOMMENDATION: That the City Council take the following actions:

1. Adopt a resolution entitled:

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THAT CERTAIN PURCHASE AND

SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
BETWEEN CITY OF TEMECULA AND LINDA D.

HUDDLESTON, TRUSTEE, ROXANNA M. HODGES,
TRUSTEE, SUSAN D. RENNO, TRUSTEE, FOURSQUARE
FINANCIAL SOLUTIONS, INC., AND STEVEN WILLIAMS

AND BRENDA JORDAN, SUCCESSOR CO -TRUSTEES IN
CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY
IMPROVEMENTS - PHASE II (PORTIONS OF APN 910-100-
018)

2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the agenda report, and take all necessary actions to effectuate the purchase of the approximate 11,516 square foot partial fee acquisition, the approximate 6,741 square foot temporary construction easement, and the approximate 6,901 square foot temporary construction easement on the real property located at the northwest corner of Elm Street and Jackson Avenue in Murrieta, California and identified as Assessor's Parcel Number 910-100-018.

BACKGROUND: The City of Temecula (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the I-15/French Valley Parkway Improvements - Phase II (Phase II) to improve traffic congestion and improve operational efficiency within the limits of the I-15/French Valley Parkway Improvements Project. As partof Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to I-15 and I-215. The Phase II project requires the acquisition of privately -owned lands to accommodate the proposed public improvements.

On May 28, 2019, the City Council adopted Resolution No. 19-30 approving a Cooperative Agreement, Agreement 08-1667, with Caltrans for the design of Phase II. Pursuant to Agreement 08-1667, City is the implementing agency for right of way and is responsible for acquisition of the property interests needed for Phase II.

On May 11, 2021, the City Council adopted Resolution No. 2021-26 approving a Cooperative Agreement with the City of Murrieta which allows the City to acquire properties located in the City of Murrieta in connection with Phase II.

Linda D. Huddleston, Trustee, Roxanna M. Hodges, Trustee, Susan D. Renno, Trustee, Foursquare Financial Solutions, Inc., and Steven Williams and Brenda Jordon, Successor Co -Trustees (collectively "Seller") are the record owners of that certain real property located on the northwest corner of Elm Street and Jackson Avenue in Murrieta, California and identified as Riverside County Tax Assessor's Parcel Number 910-100-018 ("Larger Parcel"). The Larger Parcel is a vacant parcel which is encumbered by a utility and roadway easement along Jackson Avenue.

Phase II requires the acquisition of the following real property interests from the Larger Parcel (referred to below collectively as the "Subject Property Interests") for public use, namely public street and highway purposes, retaining wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of Phase II. (i) A fee interest in an approximate 11,516 square foot portion of the Larger Parcel. (ii) An approximate 6,741 square foot temporary construction easement on the Larger Parcel with a term of thirty-four (34) months to facilitate the City's construction of Phase II.
(iii) An approximate 6,901 square foot temporary construction easement on the Larger Parcel with a term of thirty-four (34) months to facilitate the City's construction of Phase II.

Pursuant to Government Code Section 7267.2, on August 10, 2021, the City Council set just compensation for the Subject Property Interests at the fair market value as determined by the City's independent appraiser based on a February 19, 2021 date of value. The City Council also

authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Property Interests.

On October 11, 2021, Overland, Pacific & Cutler (OPC), the City's acquisition consultant, extended, on behalf of the City, a written offer to Seller to purchase the Subject Property Interests at the fair market value established by the City's independent appraiser.

During the course of negotiations, the City learned that there was a pending action between Foursquare Financial Solutions, Inc. and Howard Omdahl in connection with the one-fourth recorded interest of Foursquare Financial Solutions, Inc. in the Larger Parcel. The Parties agreed that it would be necessary to wait for the issues in the pending action to be resolved to proceed with a Purchase and Sale Agreement for the Subject Property Interests. Accordingly, on February 22, 2022, the City Council adopted Resolution No. 2022-16 approving a Possession and Use Agreement with the property owners, to grant the City the irrevocable right to exclusive possession, use and occupancy of the Subject Property Interests.

The pending action has been resolved and Seller, OPC, and City staff negotiated the City's acquisition of the Subject Property Interests and have reached an agreement. The Purchase and Sale Agreement describes the details of the acquisition of the Subject Property Interests. The total purchase price for the Subject Property Interests is the negotiated amount of $196,300, which is within the authorized negotiation amount.

The environmental effects of the acquisition of the Subject Property Interests were studied as an integral part of the Mitigated Negative Declaration approved for the I-15/French Valley Parkway Improvements Project. The findings made by the City Council at its meeting on February 23, 2010 in approving the Mitigated Negative Declaration are the appropriate findings for the acquisition of the Subject Property Interests. A re -validation of the Mitigated Negative Declaration was approved on July 9, 2021. In connection with the attached Agreement, City staff reviewed all environmental documents prepared in connection with the Phase II project, including, but not limited to, the re -validation of the Mitigated Negative Declaration, the Mitigated Negative Declaration, the initial environmental study, the mitigation monitoring program and agenda report related to the approval of the Mitigated Negative Declaration. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Phase II project and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests.

FISCAL IMPACT: The I-15/French Valley Parkway Improvements — Phase II project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2022-26.

The project is funded with Measure S, TUMF (WRCOG), TUMF (CETAP/RCTC), SAFETEA- LU, STIP, and INFRA Grant. The City will pay $196,300 for the City's purchase of the Subject

Property Interests plus all escrow -related costs, which are not expected to exceed $10,000.

Sufficient funds are available in the Project accounts.

ATTACHMENTS: 1.

Resolution

2. Purchase and Sale Agreement with Exhibits
Exhibit "A" — Legal Description of Subject Fee Property Exhibit "A-l" — Legal Description of 6,741 Square Foot
Temporary Construction Easement
Exhibit "A-2" — Legal Description of 6,901 Square Foot
Temporary Construction Easement
Exhibit `B" — Rough Depiction of 11,516 SF Subject Fee
Area, 6,741 SF Temporary Construction Easement & 6,901
SF Temporary Construction Easement
Exhibit "C" — Form of Grant Deed
Exhibit "D" — Form of Temporary Construction Easement
Deeds

3. Property Depiction

4. Project Description

5. Project Location

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA APPROVING THAT CERTAIN

PURCHASE AND SALE AGREEMENT AND JOINT

ESCROW INSTRUCTIONS BETWEEN CITY OF
TEMECULA AND LINDA D. HUDDLESTON, TRUSTEE,
ROXANNA M. HODGES, TRUSTEE, SUSAN D. RENNO,

TRUSTEE, FOURSQUARE FINANCIAL SOLUTIONS,
INC., AND STEVEN WILLIAMS AND BRENDA JORDAN,

SUCCESSOR CO -TRUSTEES IN CONNECTION WITH
THE I-15/FRENCH VALLEY PARKWAY
IMPROVEMENTS - PHASE II (PORTIONS OF APN 910-
100-018)

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Findings.

A. The City of Temecula (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the I-15/French Valley Parkway Improvements - Phase II (Phase II) to improve traffic congestion and improve operational efficiency within the limits of the I-15/French Valley Parkway Improvements Project (Project). City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, City proposes to construct a two- lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to I-15 and I-215.

B. Phase II is identified in the City's Capital Improvement Program Budget for Fiscal Years 2022-26.

C. On May 28, 2019, the City Council adopted Resolution No. 19-30 approving a Cooperative Agreement, Agreement 08-1667, with Caltrans for the design of Phase II. Pursuant to Agreement 08-1667, City is the implementing agency for right of way and is responsible for acquisition of the property interests needed for Phase II.

D. On May 11, 2021, the City Council adopted Resolution No. 2021-26 approving a Cooperative Agreement with the City of Murrieta which allows the City to acquire properties located in the City of Murrieta in connection with Phase II.

E. Linda D. Huddleston, Trustee, Roxanna M. Hodges, Trustee, Susan D. Renno, Trustee, Foursquare Financial Solutions, Inc., and Steven Williams and Brenda Jordon,

Successor Co -Trustees (collectively "Seller") are the record owners of that certain real property located on the northwest corner of Elm Street and Jackson Avenue in Murrieta, California and identified as Riverside County Tax Assessor's Parcel Number 910-100-018 ("Larger Parcel").

The Larger Parcel is a vacant parcel which is encumbered by a utility and roadway easement along Jackson Avenue.

F. Phase II requires the acquisition of the following real property interests from the Larger Parcel (referred to below collectively as the "Subject Property Interests") for public use, namely public street and highway purposes, retaining wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of Phase II.
(i) A fee interest in an approximate 11,516 square foot portion of the Larger Parcel.
(ii) An approximate 6,741 square foot temporary construction easement on the Larger Parcel with a term of thirty-four (34) months to facilitate the City's construction of Phase II.
(iii) An approximate 6,901 square foot temporary construction easement on the Larger Parcel with a term of thirty-four (34) months to facilitate the City's construction of Phase II.

G. Pursuant to Government Code Section 7267.2, on August 10, 2021, the City Council set just compensation for the Subject Property Interests at the fair market value as determined by the City's independent appraiser based on a February 19, 2021 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Property Interests.

H. On October 11, 2021, Overland, Pacific & Cutler (OPC), the City's acquisition consultant, extended, on behalf of the City, a written offer to Seller to purchase the Subject Property Interests at the fair market value established by the City's independent appraiser.

I. Seller, OPC, and City staff negotiated the City's acquisition of the Subject Property Interests and have reached an agreement. The Purchase and Sale Agreement describes the details of the acquisition of the Subject Property Interests. The total purchase price for the Subject Property Interests is the negotiated amount of $196,300, which is within the authorized negotiation amount.

J. At its meeting of February 23, 2010, the City Council approved the Mitigated Negative Declaration for the I-15/French Valley Parkway Improvements Project. The City Council found that based on the record before it (1) the Mitigated Negative Declaration was prepared in compliance with California Environmental Quality Act (CEQA); (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the Mitigated Negative Declaration reflects the N

independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with CEQA.

Section 2. Approval of Purchase and Sale Agreement. The City Council hereby approves the Purchase and Sale Agreement and Joint Escrow Instructions Between City of Temecula and Linda D. Huddleston, Trustee, Roxanna M. Hodges, Trustee, Susan D. Renno, Trustee, Foursquare Financial Solutions, Inc., and Steven Williams and Brenda Jordon, Successor Co -Trustees in Connection with the I-15/French Valley Parkway Improvements — Phase II (Portions of APN 910-100-018).

Section 3. Environmental Analysis. The environmental effects of the acquisition of the Subject Property Interests were studied as an integral part of the Mitigated Negative Declaration approved for the I-15/French Valley Parkway Improvements Project. The findings made by the City Council at its meeting on February 23, 2010 in approving the Mitigated Negative Declaration are the appropriate findings for the acquisition of the Subject Property Interests. A re -validation of the Mitigated Negative Declaration was approved on July 9, 2021.

In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Phase II project, including, but not limited to, the re -validation of the Mitigated Negative Declaration, the Mitigated Negative Declaration, the initial environmental study, the mitigation monitoring program and agenda report relating to the approval of the Mitigated Negative Declaration. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Phase II project and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests.

Section 4. City Manager's Authority. The City Manager is authorized to execute the Agreement in substantially the form attached. A copy of the final Agreement shall be placed on file in the Office of the City Clerk. The City Manager (or the City Manager's designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Agreement, including but not limited to, execution of the Certificate of Acceptance, escrow instructions, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to effectuate the transaction contemplated therein.

Section 5. Certification. The City Clerk shall certify the adoption of this Resolution.
3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of May, 2022.

Matt Rahn, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of May, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS BETWEEN CITY OF TEMECULA AND LINDA D.

HUDDLESTON, TRUSTEE, ROXANNA M. HODGES, TRUSTEE, SUSAN
D. RENNO, TRUSTEE, FOURSQUARE FINANCIAL SOLUTIONS, INC.,

AND STEVEN WILLIAMS AND BRENDA JORDAN, SUCCESSOR CO -
TRUSTEES IN CONNECTION WITH THE I-15/FRENCH VALLEY
PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 910-100- 018)
This Agreement for Purchase and Sale and Joint Escrow Instructions between the City of Temecula and Linda D. Huddleston, Trustee, Roxanna M. Hodges, Trustee, Susan D. Renno, Trustee, Foursquare Financial Solutions, Inc., and Steven Williams and Brenda Jordon, Successor Co -Trustees in Connection with I-15/French Valley Parkway Improvements - Phase II (Portions of APN 910-100-018) ("Agreement") is entered into by and between the City of Temecula, a municipal corporation ("Buyer" or "City"), on the one hand, and Linda D. Huddleston, Trustee of the Linda D. Huddleston Revocable Living Trust, dated August 12, 2019, Roxanna M. Hodges, Trustee of The Hodges Family Trust, dated September 10, 2014, and Susan D. Renno, Trustee of the Susan D. Renno Revocable Living Trust, dated May 20, 2015, as to an undivided one-half (1/2) interest; Foursquare Financial Solutions, Inc., a California non-profit corporation, as to an undivided one -quarter (1/4) interest and Steven Williams and Brenda Jordan, Successor Co - Trustees of the Marital Trust Share One created under the Blake Family Living Trust, dated November 26, 1986, as to an undivided (1/4) interest (collectively "Seller"), on the other hand, and constitutes an agreement to purchase and sell certain real property interests between Seller and Buyer and the joint escrow instructions directed to Fidelity National Title Company ("Escrow Holder"). Seller and Buyer are referred to below collectively as the "Parties". The Agreement is effective on the date it is fully executed by the Parties ("Effective Date").

RECITALS
A. Seller is the record owner of that certain vacant real property located on the northwest corner of Elm Street and Jackson Avenue in Murrieta, California, and identified as Riverside County Tax Assessor's Parcel Number 910-100-018 ("Larger Parcel"). The Larger Parcel is a vacant parcel which is encumbered by a utility and roadway easement along Jackson Avenue.

B. City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements - Phase II ("Phase II") to improve traffic congestion and improve operational efficiency within the limits of the I- 15/French Valley Parkway Improvements Project ("Project"). City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue.

As part of Phase II, City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I- 15/I-215 junction with connectors to I-15 and I-215.
-1-
11086-0204\2613793vLdoc

C. Pursuant to Cooperative Agreement 08-1667 ("Cooperative Agreement"), City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase Il.

D. City extended to Seller a written offer dated October 11, 2021 pursuant to Government Code Section 7267.2 to purchase in fee an approximate 11,516 square foot portion of the Larger Parcel ("Subject Fee Property") for public use, namely public street and highway purposes, retention wall construction, drainage, public utilities, and all uses necessary or convenient thereto in connection with the City's proposed construction of Phase II. The approximate 11,516 square foot Subject Fee Property that the City seeks to acquire in fee is identified as Caltrans Parcel No. 24623-1 and described more particularly on Exhibit "A" attached hereto and incorporated herein by this reference. There are no structures or site improvements in the area of the Subject Fee Property. The City also offered to purchase (i) an approximate 6,741 square foot temporary construction easement on the Larger Parcel with a term of thirty-four (34) months and (ii) an approximate 6,901 square foot temporary construction easement on the Larger Parcel for a term of thirty-four (34) months to facilitate the construction of Phase IL The approximate 6,741 square foot temporary construction easement is identified as Caltrans Parcel No. 24623-2 and described more particularly on Exhibit "A-l" attached hereto and incorporated herein by this reference. The approximate 6,901 square foot temporary construction easement is identified as Caltrans Parcel No. 24623-3 and described more particularly on Exhibit "A-2" attached hereto and incorporated herein by this reference. The approximate 6,741 square foot temporary construction easement (Caltrans Parcel No. 24623-2) and the approximate 6,901 square foot temporary construction easement (Caltrans Parcel No. 24623-3) are referred to below collectively as "TCEs". The Subject Fee Property (Caltrans Parcel No. 24623-1) and the TCEs (Caltrans Parcel No. 24623-2 and Caltrans Parcel No. 24623-3) are roughly depicted on Exhibit "B", which is attached hereto and incorporated herein by this reference.

E. The Parties negotiated City's purchase in fee of the Subject Fee Property and the City's use of the TCEs, and have reached an agreement regarding the terms of City's purchase of the Subject Fee Property and TCEs, subject to ratification by the City Council.

F. The Parties acknowledge that City is authorized to acquire real property by eminent domain for a public use, including public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities, pursuant to the authority conferred upon the City of Temecula by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law). Phase II is a public use for which City has the authority to exercise the power of eminent domain. Pursuant to Section 41 of the Cooperative Agreement, City, as the implementing Agency, is responsible for hearing any resolutions of necessity for Phase II. The City Council of the City of Temecula, as City's governing body, has sole discretion to make the findings required by Code of Civil Procedure Section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). If Seller and City had not reached agreement for the City's purchase of the Subject Fee Property, City Staff would have recommended that the City Council consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the Subject Fee Property in accordance with the Eminent Domain Law. The City Council, however, has the exclusive discretion to adopt -2-
11086-0204\2613793vLdoc

a resolution of necessity. The adoption of any such resolution of necessity would require City's compliance with applicable law, including Government Code Section 7260 et seq. and the Eminent Domain Law. This Agreement is not a commitment or announcement of intent to acquire any other real property interests that City may need for Phase II. Seller is solely responsible for consulting its tax advisors or seeking a letter ruling from the Internal Revenue Service regarding the applicability of 26 U.S.C. Section 1033 to Seller's sale of the Subject Fee Property to City in connection with the Phase II. City makes no express or implied representation regarding the applicability of 26 U.S.C. Section 1033 to this transaction.

G. Based on the timing of the right-of-way certification for Phase II and on a notice of action pending regarding Riverside County Superior Court Case Number MCC 1901776 recorded against the Larger Parcel ("pending action"), the Parties entered into that certain Possession and Use Agreement Between City of Temecula, Linda D. Huddleston, Trustee, Roxanna M. Hodges, Trustee, Susan D. Renno, Trustee, Foursquare Financial Solutions, Inc., Steven Williams and Brenda Jordon, Successor Co -Trustees, and Howard Omdahl in Connection with I- 151 French Valley Parkway Improvements Phase II ( Portions of APN 910- 100- 018) ("Possession and Use Agreement"). The Possession and Use Agreement has an effective date of February 24, 2022.

The pending action involved the claims or interests of Howard Omdahl or Foursquare Financial Solutions, Inc., in and to the undivided one- fourth ( 1/ 4) interest in the Larger Parcel. The pending action has since been resolved in favor of Foursquare Financial Solutions, Inc. and a Notice of Withdrawal of Lis Pendens was recorded on April 6, 2022 as Document Number 2022-0163533 of Official Records of the County of Riverside.

H. Seller desires to sell to City the Subject Fee Property and to authorize the City to use the TCEs to facilitate the construction of Phase II, and City desires to purchase the Subject Fee Property and use the TCEs, subject to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the above Recitals and for other valuable consideration, the sufficiency of which is hereby acknowledged, City and Seller agree as follows.

1. Purchase and Sale. On the Close of Escrow, as defined in Section 2 below, Seller agrees to sell in fee the Subject Fee Property (Caltrans Parcel 24623-1) described in Exhibit "A" hereto to the City and City agrees to purchase the Subject Fee Property in fee from Seller on the terms and conditions set forth in this Agreement. Seller also authorizes City to use the approximate 6,741 square foot TCE (Caltrans Parcel 24623-2) described more particularly in Exhibit "A-l" hereto and to use the approximate 6,901 square foot TCE (Caltrans Parcel 24623-3) described more particularly in Exhibit "A-2" hereto, subject to the terms of the Temporary Construction Easement Deeds in the forms attached collectively as Exhibit "D" hereto. The Subject Fee Property and the TCEs are roughly shown on Exhibit `B" hereto.

2. Opening and Close of Escrow. Within five (5) business days after the Effective Date, City will deliver a copy of the fully -executed Agreement to Escrow Holder. Opening of Escrow means the date on which Escrow Holder receives a copy of the fully -executed Agreement.

The Parties can execute the Agreement in counterparts as set forth in Section 19.d. below. This Agreement shall serve as the instructions to Escrow Holder for consummation of the transactions contemplated hereby. City and Seller agree to execute such additional and supplementary escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this -3-
11086-0204\2613793vLdoc

Agreement; provided, however, that in the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of any supplementary escrow instructions, the terms and provisions of this Agreement shall control. For the purposes of this Agreement, "Close of Escrow" shall be the date on which the Grant Deed for the Subject Fee Property and the Temporary Construction Easement Deeds in favor of City are recorded in the Official Records of the Riverside County Recorder's Office. Provided all of Seller's and City's obligations to be performed on or before Close of Escrow have been performed and all the conditions to the Close of Escrow set forth in this Agreement have been satisfied, escrow shall close thirty (30) calendar days after the Opening of Escrow ("Closing Date"). All risk of loss or damage with respect to the Subject Fee Property shall pass from Seller to City at the Close of Escrow. Possession of the Subject Fee Property and the TCEs shall be delivered to Buyer upon the Close of Escrow.

3. Purchase Price. The total purchase price that City will pay to Seller for the Subject Fee Property and the use of the TCEs is the sum of $196,300.00 (One Hundred Ninety -Six Thousand Three Hundred Dollars) ("Purchase Price") for the fair market value of the (i) Subject Fee Property, (ii) the approximate 6,741 square foot temporary construction easement on the Larger Parcel with a term of thirty-four (34) months and (ii) the approximate 6,901 square foot temporary construction easement on the Larger Parcel for a term of thirty-four (34) months. No attempt has been made to assign value to the lesser interest in the Subject Fee Property or TCEs.

Thus, the Purchase Price is the total price for the Subject Fee Property and TCEs without distinction or separation for various interests that may be held in the Subject Fee Property and TCEs. Seller is responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist in the Subject Fee Property and TCEs.

4. Title and Title Insurance.
a. Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Subject Fee Property. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to City and Seller. Escrow Holder will insure City's interest in the Subject Fee Property described in Exhibit "A" and roughly depicted on Exhibit "B" to this Agreement at the Close of Escrow by a CLTA Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Form of Title Policy ("Alta Extended Policy") if the City elects such coverage as provided below in Section 4.b.) in the amount of the Purchase Price ("Title Policy"), with liability in the full amount of the Purchase Price, insuring title to the Subject Fee Property as vested in City, free and clear of all monetary liens and encumbrances and other matters affecting title to the Subject Fee Property, except for the permitted title exceptions defined below and any permitted conditions of title that Buyer approves in writing (collectively "Permitted Title Exceptions):
i. General and special real property taxes and assessments for the then current tax fiscal year which are a lien not then due and payable; ii. The applicable zoning, building, and development regulations of any municipality, county, state, or federal jurisdiction affecting the Larger Parcel; -4-
11086-0204\2613793vLdoc

iii. Such other non -monetary exceptions listed in the Preliminary Title Report that City has approved within ten (10) business days after the date the City receives the title commitment and legible copies of instruments noted as exceptions therein. If City conditionally disapproves any exceptions, then Seller will use good faith efforts to seek to cause such exceptions to be removed by the Close of Escrow. In no event will Seller be required to file any legal action to seek to remove any exception conditionally disapproved by the City. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, the City may, at the City's option, either accept the Subject Fee Property subject to such encumbrances or terminate the Escrow. In the event Escrow is terminated, within ten (10) business days of the written notice of termination to Escrow, Escrow will disburse the City any funds deposited into Escrow by City less any escrow cancellation charges.
iv. Any exceptions directly or indirectly caused by City or City's agents, employees or contractors.
b. The City will have the option of obtaining an ALTA Extended Policy or a CLTA Standard Coverage Policy of Title Insurance. If the City, in its sole discretion, determines to obtain an ALTA Extended Policy, the City will, at its expense, procure an ALTA survey. The City will also pay for the cost of any such ALTA Extended Policy.

C. Acts After Date of Agreement. During the period from the date of this Agreement through the Close of Escrow, Seller shall not encumber the Subject Fee Property, record or permit to be recorded any document or instrument relating to the Subject Fee Property, or physically alter the Subject Fee Property or permit or cause to be altered without the prior written consent of Buyer, which consent may be withheld in Buyer's sole and absolute discretion.

5. Escrow.
a. Deposit of Funds in Escrow. The Parties agree that the Purchase Price deposited into a separate escrow in connection with the Possession and Use Agreement will be deposited into this Escrow within fifteen days of the Effective Date. Further, City covenants and agrees to deposit with Escrow Holder any such escrow funds that are required within five (5) business days of receiving written notice from Escrow Holder regarding the confirmation of the completion of the conditions required herein for the Close of Escrow. b. Deposit of Documents in Escrow by Seller. Seller covenants and agrees to deposit with Escrow Holder the following documents within ten (10) business days of the Opening of Escrow:
i. Grant Deed. The Grant Deed in the form attached as Exhibit "C" hereto ("Grant Deed") duly executed and acknowledged by Seller. Exhibit "C" is attached hereto and incorporated herein by this reference.
ii. Temporary Construction Easement Deeds. Temporary
Construction Easement Deeds in the forms attached collectively as Exhibit "D" hereto authorizing the City to use the approximate 6,741 square foot temporary construction easement for a term of thirty-four (34) months with a commencement date of February 24, 2022, and the approximate -5-
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6,901 square foot temporary construction easement for a term of thirty-four (34) months with a commencement date of February 24, 2022.
non -foreign affidavit.
iii. California 593 Certificate. A California 593 certificate and federal iv. Certificates of Trust. Seller shall deliver to Escrow the following:
(a) A certification pursuant to California Probate Code Section 18100.5 in a form satisfactory to Escrow Holder demonstrating that Linda D. Huddleston, Trustee is duly authorized to legally bind the Linda D. Huddleston Revocable Living Trust, dated August 12, 2019;
(b) A certification pursuant to California Probate Code Section 18100.5 in a form satisfactory to Escrow Holder demonstrating that Roxanna M. Hodges, Trustee is duly authorized to legally bind The Hodges Family Trust, dated September 10, 2014; (c) A certification pursuant to California Probate Code Section 18100.5 in a form satisfactory to Escrow Holder demonstrating that Susan D. Renno, Trustee is duly authorized to legally bind the Susan D. Renno Revocable Living Trust, dated May 20, 2015; (d) A certification pursuant to California Probate Code Section 18100.5 in a form satisfactory to Escrow Holder demonstrating that Steven Williams and Brenda Jordan, Successor Co -Trustees are duly authorized to legally bind the Marital Trust Share One created under the Blake Family Living Trust, dated November 26, 1986; and (e) Copies of those excerpts from the original trust documents and amendments thereto that Escrow Holder may require, which designate the trustee(s) and confer up on the trustee(s) the power to act in this transaction.

V. Other Documents. Any other documents reasonably required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow.

C. Deposit of Documents in Escrow by Cily.
i. Certificate(s) of Acceptance. Executed Certificates of Acceptance in the form attached to the Grant Deed (attached hereto as Exhibit "C") and attached to the Temporary Construction Easement Deeds (attached collectively hereto as Exhibit "D"). iii. Any other documents reasonably required by Escrow Holder to be deposited by Buyer to carry out this escrow.
d. Recordation of Grant Deed and Temporary Construction Easement Deeds:

Delivery of Funds and Possession. Upon receipt of the funds and instruments described in Section 5, Escrow Holder shall cause the Grant Deed and the Temporary Construction Easement Deeds to be recorded in the Office of the County Recorder of Riverside County, California. Thereafter, Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges as shown on a preliminary Settlement Statement executed by City and Seller) to Seller, and Seller shall deliver -6-
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to City possession of the Subject Fee Property, the approximate 6,741 square foot temporary construction easement, and the approximate 6,901 square foot temporary construction easement free and clear of all occupants.
e. Prorations. Real property taxes for the Subject Fee Property shall not be prorated, but must be paid by Seller for the current tax period. Seller may apply for a refund of property taxes in the event any property taxes paid are allocable to the period after the Close of Escrow and City shall reasonably cooperate therewith. City, as a municipal corporation acquiring property for Phase II, is exempt from property taxes pursuant to Revenue and Taxation Code Section 11922, and other provisions of law. All property assessments shall be prorated between Buyer and Seller as of the Close of Escrow based on the latest available tax information. All prorations for such assessments shall be determined on the basis of a 365-day year. Escrow Holder is authorized to pay from the Purchase Price any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds recorded against the Subject Fee Property.
£ Costs of Escrow. City will pay for the cost of the Title Policy (or ALTA Extended Policy if City elects to obtain such extended coverage). City will also pay for escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone calls, etc. City will pay for recording the Grant Deed, and any documentary or other local transfer taxes, if any, and for any recording costs (if any). City will also pay for the costs of an ALTA survey if it determines to obtain an ALTA Extended Policy. g. Escrow Cancellation Charges. If escrow fails to close through no fault of either parry, City will pay all escrow and title cancellation charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges.

6. Conditions to the Close of Escrow. Escrow shall not close unless and until both Parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in Section 5. Additionally, City's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for City's benefit and may be waived only by City:
a. Seller shall have performed all obligations to be performed by Seller hereunder.
b. Title Company shall have issued or shall have committed to issue the Title Policy to City, for the amount of the Purchase Price, showing fee title to the Subject Fee Property to be vested in City subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the approximate 11,516 square foot Subject Fee Property, so that said Subject Fee Property is free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Subject Fee Property. -7-
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C. If any of the conditions to Close of Escrow are not timely satisfied for a reason other than a default of City or Seller under this Agreement, and this Agreement is terminated, then upon termination of this Agreement, Escrow Holder will promptly return to City all funds (and all interest accrued thereon, if any) and documents deposited by City in escrow and return to Seller the documents deposited by Seller in escrow that are held by Escrow Holder on the date of the termination (less any escrow cancellation charges).

7. Permission to Enter/Due Diligence Testing. During the period commencing on the Effective Date ("commencement date") and ending at 5:00 p.m. fifteen (15) business days after said commencement date (referred to as the "Due Diligence Period"), City may inspect the Subject Fee Property as necessary for the purpose of making inspections and other examinations of the Subject Fee Property, including, but not limited to, the right to perform soil and geological tests of said Subject Fee Property and an environmental site assessment thereof. City will give Seller written notice twenty-four (24) hours before going on the Subject Fee Property to conduct such due diligence testing. City's physical inspection of the Subject Fee Property shall be conducted during normal business hours. No invasive testing or boring shall be done by City without the prior written notification to Seller and obtaining Seller's written permission of the same, which permission shall not be unreasonably withheld. City does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns free and harmless from and against any and all liability, loss, damages, costs, expenses, demands, causes of action, claims or judgments, arising from or occurring out of any damage to the Subject Fee Property in connection with any accident or other occurrence at the Subject Fee Property in connection with City's due diligence testing and environmental site assessments involving entrance onto the Subject Fee Property pursuant to this Section. If City fails to acquire the Subject Fee Property due to City's default, this license/permission to enter will terminate upon the termination of City's right to purchase said Subject Fee Property. In such event, City will remove or cause to be removed any personal property, facilities, tools, and equipment from the Subject Fee Property left in the area comprising the Subject Fee Property in connection with the due diligence testing and restore said area to as close as possible to the condition of said area prior to City's due diligence testing.

8. Representation and Warranties of Seller. Seller hereby represents and warrants to City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow:
a. That to the best of Seller's knowledge on the Close of Escrow (i) the Subject Fee Property will be free and clear of Hazardous Materials (defined in Section 14.a. below) or toxic substances and waste, including, but not limited to, asbestos; (ii) businesses, if any, on the Subject Fee Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Subject Fee Property or alleged violation of Environmental Laws (defined in Section 14.b. below), health or safety statutes, ordinance, or regulations.
b. That Seller is the sole owner of the Subject Fee Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Subject Fee Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller -8-
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will not further encumber the Subject Fee Property or allow the Subject Fee Property to be further encumbered prior to the Close of Escrow.

C. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Subject Fee Property to City, violates or will violate any contract, agreement, or instrument to which Seller is a parry, or which affects the Subject Fee Property, and the Seller's grant to City of the Subject Fee Property pursuant to this Agreement does not require the consent of any party not a signatory hereto.
d. Except as disclosed in the title commitment referred to in Section 4.a, there are no claims or liens presently claimed or that will be claimed against the Subject Fee Property by contractors, subcontractors, or suppliers, engineers, architects, surveyors or others that may have lien rights for work performed or commenced prior to the Effective Date. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including reasonable attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Subject Fee Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual rights or options to lease, purchase, or otherwise enjoy possession, rights, or interest of any nature in and to the Subject Fee Property, or any part thereof, and no persons have any right of possession to the Subject Fee Property, or any part thereof. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorneys' fees, arising from or relating to any claims by any person or entity claiming rights to possession of any portion of the Subject Fee Property. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other parry before any court or administrative tribunal that involves the Subject Fee Property except for the pending action filed as Riverside County Superior Court Case Number MCC 1901776, which was recently resolved and for which a Notice of Withdrawal of Lis Pendens was recorded on April 6, 2022 as Document Number 2022-0163533 of Official Records of the County of Riverside.

9. Representations and Warranties of City. City hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow:
a. City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement.
b. City has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein.

10. Total Consideration. City's payment to Seller of the Purchase Price set forth in this Agreement is an all-inclusive settlement and is the full and complete consideration and payment of just compensation for the fair market value of the Subject Fee Property, use of the approximate 6,741 square foot temporary construction easement on the Larger Parcel with a term of thirty-four (34) months to facilitate the construction of Phase II, use of the approximate 6,901 square foot temporary construction easement on the Larger Parcel for a term of thirty-four (34) -9-
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months to facilitate the construction of Phase II, any improvements located on the Subject Fee Property, severance damages, inverse condemnation, precondemnation damages, attorneys' fees, interest, appraisal costs, loss of rents, lost profits, any other damages of every kind and nature suffered by Seller by reason of City's acquisition of the Subject Fee Property, use of the TCEs, and Phase II for which City is acquiring the Subject Fee Property, and all costs and expenses whatever in connection therewith.

11. Business Goodwill and Relocation Assistance.
a. No Loss of Business Goodwill. Seller agrees and acknowledges that Seller will not suffer any loss of business goodwill under Code of Civil Procedure Section 1263.510 as a result of City's acquisition of the Subject Fee Property, the use of the TCEs for a term of thirty- four (34) months, or the construction of Phase II. The Larger Parcel is a vacant parcel and no business operates on the Larger Parcel. Under Code of Civil Procedure Section 1263.510, the owner of a business conducted on the property taken, or on the remainder if the property is part of a larger parcel, will be compensated for loss of goodwill if the owner proves that (i) the loss is caused by City's acquisition of the property or the injury to the remainder; (ii) the loss cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill; (iii) compensation for the loss will not be included in payments under Government Code Section 7262; and (iv) compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner.
b. No Relocation Assistance. The Larger Parcel is an approximate 854,254 square foot vacant parcel (19.61 acres), net of the 29,603 square foot utility and roadway easement along Jackson Avenue. The City's acquisition of the Subject Fee Property or use of the TCEs for a term of thirty-four (34) months will not result in the displacement of any person or business.

Accordingly, no relocation assistance and benefits pursuant to applicable federal or state relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), or the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations) are triggered as a result of the City's acquisition of the Subject Fee Property in connection with Phase II.

12. Releases.
a. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases City, its Councilmembers, officers, counsel, employees, representatives and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of City's efforts to acquire the Subject Fee Property, or any preliminary steps thereto. Seller further releases and agrees to hold City harmless from any and all claims and causes of action asserted by any party claiming to have rights to possession of any portion of the Subject Fee Property. b. Seller acknowledges that it may have sustained damage, loss, costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or expenses -10-
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that may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller may have under California Civil Code Section 1542 as it relates to the releases set forth in this Section 12, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
Seller's Initials:
1�-
Linda D. Huddleston, Trustee:.,c-z ' ��
Roxanna M. Hodges, Trustee: •%� . %�.

Susan D. Renno, Trustee:

Foursquare Financial Solutions, Inc.:

Steven Williams, Successor Co -Trustee:

Brenda Jordon, Successor Co -Trustee:

City's Initials:

Seller's waiver of rights and release of claims set forth above in Section 12.a. and Section

12.b. will not extend to and is not intended to extend to claims related to or alleged to arise out of negligence on the part of City, its agents or contractors, in connection with the physical construction of Phase II.

This Section 12 will survive the Close of Escrow.

13. City's Contingencies. For the benefit of City, the Close of Escrow and City's obligation to consummate the purchase of the Subject Fee Property is contingent upon and subject to the occurrence of all of the following (or City's written waiver thereof, it being agreed that City can waive any or all such contingencies) on or before the Close of Escrow:
a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct;
-11-
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THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
Seller's Initials:

Linda D. Huddleston, Trustee:

Roxanna M. Hodges, Trustee:

Susan D. Renno, Trustee:

Foursquare Financial Solutions, Inc.:

Steven Williams, Successor Co -Trustee:

Brenda Jordon, Successor Co -Trustee:

City's Initials:

Seller's waiver of rights and release of claims set forth above in Section 12.a. and Section

This Section 12 will survive the Close of Escrow.

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
Seller's Initials:

Linda D. Huddleston, Trustee:

Roxanna M. Hodges, Trustee:

Susan D. Renno, Trustee:

Foursquare Financial Solutions, Inc.: LQ
Steven Williams, Successor Co -Trustee:

Brenda Jordon, Successor Co -Trustee:

City's Initials:

Seller's waiver of rights and release of claims set forth above in Section 12.a. and Section

This Section 12 will survive the Close of Escrow.

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
Seller's Initials:

Linda D. Huddleston, Trustee:

Roxanna M. Hodges, Trustee:

Susan D. Renno, Trustee:

Foursquare Financial Solutions, Inc.:

Steven Williams, Successor Co -Trustee: Zso
Brenda Jordon, Successor Co -Trustee:

City's Initials:

Seller's waiver of rights and release of claims set forth above in Section 12.a. and Section

This Section 12 will survive the Close of Escrow.

b. The delivery to Escrow Holder of all documents pursuant to Section 5 of this Agreement;
C. Escrow Holder's commitment to issue, in favor of City, the Policy with liability equal to the Purchase Price showing City's interest in the Subject Fee Property, subject only to the Permitted Title Exceptions; and
d. City's approval prior to the Close of Escrow of any due diligence testing, environmental site assessment, soils or geological reports, or other physical inspections of the Subject Fee Property that City might perform prior to the Close of Escrow.

14. Certain Definitions.
a. The term "Hazardous Materials" will mean and include the following, including mixtures thereof. any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws.
b. The term "Environmental Laws" will mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the Effective Date relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C.

Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local -12-
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environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the Effective Date.

15. Evidence in Court Proceeding. The Parties agree that the total Purchase Price of $196,300.00 or any inference of per square foot value of the Subject Fee Property on said Purchase Price will not be admissible as evidence of the fair market value of the Subject Fee Property in any eminent domain or other proceeding or litigation concerning the Subject Fee Property, or any portion thereof.

16. Default. In the event of a breach or default under this Agreement by either City or Seller, the non -defaulting party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Subject Fee Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if City is the non -defaulting party, City will thereupon promptly receive a refund of all of the deposits it deposited with Escrow Holder, if any, less City's share of any escrow cancellation charges. Such termination of the escrow by a non -defaulting party will be without prejudice to the non -defaulting party's rights and remedies at law or equity.

17. Notices. All notices and demands will be given in writing by personal delivery, certified mail, postage prepaid, and return receipt requested, or by Federal Express or other overnight carrier. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with Federal Express or other overnight carrier. A copy of all notices will be sent to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice:

BUYER: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
COPY TO: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
SELLER: Linda D. Huddleston, Trustee
Roxanna M. Hodges, Trustee
Susan D. Renno, Trustee
11588 Trailway Drive
Riverside, California 92505
Foursquare Financial Solutions, Inc.
1910 W. Sunset Boulevard, Suite 200
Los Angeles, California 90026
Attentions: Jonathan Phillips, CEO
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Steven Williams and Brenda Jordan,
Successor Co -Trustees
32808 Central Street
Wildomar, California 92595
ESCROW Fidelity National Title Company
HOLDER: 555 S. Flower Street, Suite 4420
Los Angeles, CA 90071
Telephone No. 213.452.7151
Attention: JB Jennings, Sr. Commercial Escrow Officer
Electronic Mail: [email protected]

18. Broker Commissions. No brokers represented the Parties in connection with this transaction other than Lee Black of KW Commercial representing Seller. Seller will be solely responsible for the payment of any and all broker's commissions or similar compensation due to any broker representing Seller, and Seller will defend, indemnify and hold the City harmless from and against any and all claims for any broker's commissions or similar compensation that may be payable to any broker claiming it represented Seller in connection with this transaction. Each party will defend, indemnify and hold harmless the other party from and against all claims of any agent, broker, finder or other similar party based upon such party's own acts in connection with this transaction. The provisions of this Section 18 will survive the Close of Escrow.

19. Miscellaneous.
a. Amendments. Any amendments to this Agreement will be effective only when duly executed by both City and Seller and deposited with Escrow Holder. b. Attorneys' Fees. In any action between Buyer and Seller seeking enforcement of any of the terms and provisions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses.

C. Entire Agreement. This Agreement contains all of the agreements of the Parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose.
d. Counterparts, Facsimile, and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered.
e. Time of the Essence. Time is of the essence of this Agreement. -14-
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f. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.
g. Third Parties. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. h. Additional Documents. Each party hereto agrees to perform any further acts and to execute, acknowledge, and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. i. Authori . of Ci . Manager. The City Manager may give any and all notices, consents, and terminations hereunder on behalf of the City provided they are in writing. The City Manager may execute the Agreement, Certificate of Acceptance, escrow documents, and any such documents or instruments that are necessary to effect the transfer of property interests contemplated herein.
j. Interpretation and Construction. Each of the Parties has reviewed the Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement.
k. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies.

1. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid.
in. Exhibits. The Exhibits attached hereto are incorporated in this Agreement by this reference.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below.

SELLER
Linda D. Huddleston, Trustee of the Linda
D. Huddleston Revocable Living Trust,
dated August 12, 2019, Roxanna M. Hodges,
Trustee of The Hodges Family Trust, dated
September 10, 2014, and Susan D. Renno,
Trustee of the Susan D. Renno Revocable
Living Trust, dated May 20, 2015, as to an
undivided one-half (1/2) interest
Dated: oZ � By:

Len D. Huddleston, Trustee
Dated: By: oe_` "t, x� z
Roxanna M. Hodges, Tru ee
Dated: ` � - �-� - 2-� Z"? By: �- t_ . s r� , AQ- i� p s�•s� e�- �i4 c- Susan D. Renno, Trustee
Foursquare Financial Solutions, Inc.

Dated: By:

Title:

Dated: By:

Title:
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below.

Dated:.. By:

Dated:

IM
Linda D. Huddleston, Trustee
Roxanna M. Hodges, Trustee
Susan D. Renno, Trustee
Foursquare Financial Solutions, Inc.

Dated:__ t{�a-�io�-%� By:

Title: �e✓✓t/
Dated: By:

Title:
-16-
11086-0204\2613793v1.doc

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below.

Dated:

Dated: Lk ' Z. ' ZZ By:

Title:_
Ln
Title:
-16-
11086-0204\2613793v1.doc

Dated: 0 2 Z
Dated: 4` — Z b ` Zo,,
Dated:
11086-0204\2613793v1.doc
Steven Williams and Brenda Jordan, as
Successor Co -Trustees of the Marital Trust
Share One created under the Blake Family
Living Trust, dated November 26,1986, as to
an undivided (1/4) interest
By:

Steven Williams, �,Suecccssoro-Trustee
By: Trt-Jel
Brenda Jordan, Successor Co -Trustee
BUYER
City of Temecula, a municipal corporation
Un
Aaron Adams, City Manager
ATTEST:

Randi Johl, City Clerk
APPROVED AS TO FORM:

LI-A
Peter M. Thorson, City Attorney
-17-

Exhibit "A"
Legal Description of Subject Fee Property (Caltrans Parcel 24623-1) EXHIBIT "A"

LEGAL DESCRIPTION
That portion of Lot 123 per MAP of the TEMECULA LAND AND WATER COMPANY showing the Subdivision of a Portion of the TEMECULA RANCH, situated in the City of Murrieta, County of Riverside, State of CalZmia, said map recorded in Back 8 of Maps, page 359, in the Office of the Recorder of the County of San Diego, said portion lying northeasterly of the freeway and southwesterly of the following described LINE "A':

COMMENCING at the comer common to Lot 123 and Lot 124, of said map, in the centerline of Jackson Avenue as shown on rnap filed in Book 142 of Records of Survey, pages 89 through 104, in the Office of the County Recorder of Riverside County: thence along the line common to said lots South 48°17'42" West 494.16 feet to the freeway right of way and the northerly most comer of that certain parcel of land described in deed to the State of California recorded September 29, 1975, in Back 1975, page 118840 in Official Records of said County, said comer being the northerly terminus of the segment of line described as South 04°03'57" East 192.05 feet in said deed, said comer also being the POINT OF BEGINNING of said LINE "A", thence departing said common line and proceeding along said freeway right of way and said segment of line South 04°03'46' East 37.94 feet; thence departing said freeway right of way South 25°00'07" East 77.65 feet; thence South 16°34'30" East 95.53 feet; thence South 25"00'07" East 235.33 feet to a paint in said freeway right of way and the segment of line described as South 48"49'09" East 159.77 feet in said deed; thence South 48°48'58" East 89.82 feet along said freeway right of way to the southerly terminus of last said segment of line, last said terminus also being the POINT OF TERMINUS of said LINE "A
Containing 11,516 square feet, more or less.

Together with undertying fee interest, if any, contiguous to the above described property 1n and to the adjoining freeway.

This conveyance is made far the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutter's rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6. Divide distances shown by 0.99991351 to obtain ground level distances.
0&-.Riv-15-PM 8.1
Exhibit "A" — Page 1
112
11086-0204\2613793v1.doc

cVu'grr "An
This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act_
Signature:

Professional Land Surveyor
Date: September 14, 2021
fl84;@w1E4PM 8-1
Exhibit "A" — Page 2
M
11086-0204\2613793v1.doc

Exhibit "A-1"
Legal Description of 6,741 Square Foot Temporary Construction Easement (Caltrans Parcel 24623-2)
EXHIBIT "A"

LEGAL DESCRIPTION
A temporary easement for construction purposes in and to that portion of Lot 123 per MAP of the TEMECULA LAND AND WATER COMPANY showing the Subdivision of a Portion of the TEMECULA RANCH, situated in the City of Munieta, County of Riverside, State of California, said map recorded in Book 3 of Maps, page 359, in the Office of the Recorder of the County of San Diego, described as follows:

COMMENCING at the centerline intersection of Jackson Ave and Elm St as shown on Parcel Map No. 30001 filed in Book 199, pages 35 through 37, inclusive, of Parcel Maps in Office of the County Recorder of Riverside County; thence along the centerline of Elm St South 48°16'05" West, 902.64 feet to the easterly right of way of the freeway; thence along said right of way North 28°40'49" West, 30.80 feet to an intersection with the northwesterly right of way of Elm St (30_00 feet half width) and the POINT OF BEGINNING; thence continuing along said freeway right of way North 28°40'49" West 275 30 feet; thence continuing along said freeway right of way North 2D°24'°17" West, 277.87 feet; thence departing said freeway right of way South 24°59'23" East, 550.36 feet to said northwesterly riight of way of Elm St; thence along said northwesterty right of way South 48°16'05" West, 4.69 feet to the POINT OF BEGINNING.

Containing 6,741 square feet, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1963, Zone 6_ Divide distances shown byD_99991351 to obtain ground level distances.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyorts Act_
Signature: �
Professional Land Surveyor
Date: September 14, 2021
08-Riv-15-PM 7.9
Exhibit "A" — Page 3
1I1
11086-0204\2613793v1.doc

Exhibit "A-2"
Legal Description of 6,901 Square Foot Temporary Construction Easement (Caltrans Parcel 24623-3)
Ei[HIBIT "A"

LEGAL DESCRIPTION
A temporary easement for construction purposes in and to that pardon of Lot 123 per MAP of the TEMECULA LAND AND WATER ODMPANYshowing the Subdivision of a Portion of the TEMECULA RANCH, situated in the City of Mumeta, County of Riverside, State of California, said map recorded in Book 8 of Maps, page 359, in the Office of the Recorder of the County of San Diego, described as follows:

COMMENCING at the comer common to Lot 123 and Lot 124, of said map, in the centerline of Jackson Avenue as shown on map filed in Book 142 of Records of Surrey, pages 89 through 104, in the Office of the County Recorder of Riverside County; thence along the line Common to said lots South 48"17'42" �Vest 494.16 feet to the easterly right of way of the freeway: thence departing said common line and proceeding along said right of way South 04°03'46" East 21.15feetto the POINT OF BEGINNING; thence departing said right of way South 25"00'07" East 468.47 feet to said easterly right of way of the freeway; thence along said right of way North 48°48'58" West 49.53 feet; thence departing said right of way North 25°00'07"West 235.33 feet: thence North 16'34'30 West 95.53 feet; thence North 25°00'07': West

77.65 feet to said easterly right of way of the freeway; thence along said right of way North 4"03'46" West 16.79feet to the P01NT OF BEGINNING.

Containing 6,901 square feet, more or less_
The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6_ Divide distances shown by 0.99,391351 to obtain ground level distances.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act.

Signature:

Professional Land Surveyor
Date: September 14, 2021
08-Riv-15-PM 8.1
Exhibit "A" — Page 4
1f1
11086-0204\2613793v1.doc

Exhibit `B"
Rough Depiction of 11,516 SF Subject Fee Area, 6,741 SF TCE & 6,901 SF TCE (Caltrans Parcels 24623-1, 24623-2, & 24623-3)
L 120.61' RT
5££ SN££T 8 FQR AANtt.Y.�NT LEG£NO q28-2T "Al' LINE= 429+9A 51 i m� N L' m IT q38+g2,g0 AAD EASEYE H7 LECf6o7 PC 447+72.19 "CD2" LINE 91.03' LT 1 N om Q S -f N 2VAU'50" W r y 00 RAF 204-91 l` M
I LI I tiI I I
9 @ p 420 1 1 2 3 4 925 fi 1 6 9 930 1 2 / 1{ 3 A
VV ` q�3i5r47.- �1 f
s 2.1 ➢IP (A3' ifNEl 24.0 ' IT "A3" 423+29.D5= {STATE R!�' YONLNENTAT[OM YAP 4915831 6-049"06" 2-0.DO' RT "CD2" 4d2+05.25=
P=, 9906.00' 441+2' RT "CD2" 6=1'43'09 PRC q99+22.23
- "W4" 422+71 .Sfi POT
L=26d.33' 941+20.39 ^CD2" LINE R=5000.00' "CD2" LINE 451+61.76 "CO2" L[1 II H 27°51 'S1I2' 929.79'
p7I 8 9 440 1 2
437+97.$7 N 28°d D'".. , 356.90' ... .. .. 445 N25'00"0]"w EXIST R/WB u "sC 28 d0 43" W 2 3
"CD2' LIME 1 gg•R8. 23-1 66.55 432M5.21 POT "L
N 2a za'1 T• 4zs 5 ... de _
zTs.3o' � ... 2
--_
27 r.BT'
2i'25'37" 9 4g'50 vl �rrr q3o r .. ... ...
1fi50.90'
N 24°39'23" IL 277.20' 6 N ■ ig9;16 L2LI'4.r E3 .y 3 4
�� y550,36' L]D TY�.,,o'
35J}�l-�- N 31 ° 47' 5
I1 -- - N 25a OD'Oi" ■ 31 �2D7.a6'
EXIST Rl1Y ~� 130.67RT "CH" q7, 7.00' 00" RT "CDq" q�AftCF'CSE.7 � n '496+i1.35 y
1 9 a 4R11Y
4 4T.00' RT "C14"
1 42
8+24,67
431 +54.50 _ 434+73.00
3D�30 623-3 TC
432+32.15
L IT -
1 L I T -
CITY OF MT;RRIET.3
gDz
M
POR LOT 123 V.

W SD DO M-9 0/359
[r{ _ 1
min
910-1oo-D1e
PLELIC ROAD AAYI PLDLIC / {
OF7L1TY EASEVEVT PER 7WTR.

REC. 4116/ U AS OLC Nit, 30.OD• 1
0 m 2013-0 79256 O.R.
•�m� Hm 1
n
} v N 41 62 � 0n AV 1322 y3,
prE H , ��27 3� LINE DATA TABLE
�r1269 141 -
REVISIONS ASSOCIATED WITH 2/5/2021 REVISED iR/W REOIIREMENTS MAP SLA-PARCEL 24623-3 IS HEA
5DB-PARCEL 24624-1 IiENSED

GRT ROAD KIM
'04' I]NE R M
I'RR CEL1k
TITLE
CODE
p

GRANTOR
AREAS
I
TOTAL
REDLII
2082
TCE
Rr
TYX {5FA s.

T:K II..sN o
57EYEY5 FW]LY TMT� 15H SNT. 11
Y83,857
f'IIRVF DATA TARI F
EXCESS
Exhibit `B" — Page 1
LINE

BEARING
LENGTH
L5
N98 1T"19 E
246.98'
LR
N41 12 W
329.97
17 141 24 q2 W
1290.929
L9
N46 ,T 19 E
114•93
19 N48 , T 19 E
114-99
LID
N48 IT 19 E
132.D2
111
N41 42 24 W
222.99
L12
L13
N23 5951W
ND9'OS 9fi"W
175.08
192.05
L21
NWH'38"W

51.04'
L2T
N59 12"54 E
L28
55P 51"32 W
L29
N25 DO O] W
235.33
L30
N1 V 34 30 W

95.53 L31
N25 D7 W
7T 55

REMARKS
TEYFnRARY ED,c7011nndh EI;EEST
OD
11086-0204\2613793v1.doc

Exhibit "C"
Form of Grant Deed
Exhibit "C" — Page 1
11086-0204\2613793v1.doc

RECORDING REQUESTED BY
When Recorded Mail To
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Clerk
FREE RECORDING:

This instrument is for the benefit of the City of Temecula, and is entitled to be recorded without
fee or tax. (Govt. Code 6103, 27383 and Rev. &
Tax Code 11922)
APN: 910-100-018

GRANT DEED
(INDIVIDUAL)
Space above this line for Recorder's Use
District
County
Route
Postmile
Number
08 Riv
15 8.1
Linda D. Huddleston, Trustee of the Linda D. Huddleston Revocable Living Trust, dated August 12, 2019, Roxanna M. Hodges, Trustee of the Hodges Family Trust, dated September 10, 2014, and Susan D. Renno, Trustee of the Susan D. Renno Revocable Living Trust, date May 20, 2015, as to an undivided one-half (1/2)interest
FOURSQUARE FINANCIAL SOLUTIONS, INC., a California non-profit corporation, as to an undivided one - quarter (1/4) interest
STEVEN WILLIAMS and BRENDA JORDAN, successor co -Trustees of the Marital Trust Share One created under the Blake Family Living Trust, dated November 26, 1986, as to an undivided (1/4) interest hereinafter called GRANTOR hereby grants to
CITY OF TEMECULA, a municipal corporation
hereinafter called GRANTEE, that real property in the City of Murrieta, County of Riverside, State of California, described as follows:

SEE EXHIBIT "A" ATTACHED
08-Riv-15-PM 8.1

Number
Dated this day of 120
Linda D. Huddleston, Trustee of the Linda D. Huddleston Revocable Living Trust, dated August 12, 2019, Roxanna M. Hodges, Trustee of the Hodges Family Trust, dated September 10, 2014, and Susan D. Renno, Trustee of the Susan D. Renno Revocable Living Trust, date May 20, 2015 BY
NAME:

ITS:

FOURSQUARE FINANCIAL SOLUTIONS, INC., a California non-profit corporation, as to an undivided one - quarter (1/4) interest
04 NAME:

ITS:

STEVEN WILLIAMS and BRENDA JORDAN, successor co -Trustees of the Marital Trust Share One created under the Blake Family Living Trust, dated November 26, 1986, as to an undivided (1/4) interest BY
NAME:

ITS
08-Riv-15-PM 8.1

EXHIBIT "A"

LEGAL DESCRIPTION
That portion of Lot 123 per MAP of the TEMECULA LAND AND WATER COMPANY showing the Subdivision of a Portion of the TEMECULA RANCH, situated in the City of Murrieta, County of Riverside, State of California, said map recorded in Book 8 of Maps, page 359, in the Office of the Recorder of the County of San Diego, said portion lying northeasterly of the freeway and southwesterly of the following described LINE "A":

COMMENCING at the corner common to Lot 123 and Lot 124, of said map, in the centerline of Jackson Avenue as shown on map filed in Book 142 of Records of Survey, pages 89 through 104, in the Office of the County Recorder of Riverside County; thence along the line common to said lots South 48017'42" West 494.16 feet to the freeway right of way and the northerly most corner of that certain parcel of land described in deed to the State of California recorded September 29, 1975, in Book 1975, page 118840 in Official Records of said County, said corner being the northerly terminus of the segment of line described as South 04003'57" East 192.05 feet in said deed, said corner also being the POINT OF BEGINNING of said LINE "A"; thence departing said common line and proceeding along said freeway right of way and said segment of line South 04°03'46" East 37.94 feet; thence departing said freeway right of way South 25°00'07" East 77.65 feet; thence South 16°34'30" East 95.53 feet; thence South 25°00'07" East 235.33 feet to a point in said freeway right of way and the segment of line described as South 48°49'09" East 159.77 feet in said deed; thence South 48°48'58" East 89.82 feet along said freeway right of way to the southerly terminus of last said segment of line, last said terminus also being the POINT OF TERMINUS of said LINE "A".

Containing 11,516 square feet, more or less.

Together with underlying fee interest, if any, contiguous to the above described property in and to the adjoining freeway.

This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutter's rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway.

EXHIBIT "A"

LEGAL DESCRIPTION
This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act.

LAND S�
A.

Signature:

Professional Land Surveyor EXR 12/31 /21
��9T No . 7-5

OF CA -
Date: September 14, 2021
08-Riv-15-PM 8.1 2/2

ACKNOWLEDGEMENT
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 )
On before me, , 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
08-Riv-15-PM 8.1
(Seal)

CITY OF TEMECULA
Office of the City Clerk
41000 Main Street
Temecula, CA 92590

CERTIFICATE OF ACCEPTANCE OF GRANT DEED
(Govt. Code § 27281)
(Assessor's Parcel Number 910-100-018)
This is to certify that the attached Grant Deed, which conveys in fee to the City of Temecula that certain real property located in the City of Murrieta, County of Riverside described more particularly in Exhibit "A" to said Grant Deed, is hereby accepted under the authority of the City Council of the City of Temecula, and the City of Temecula consents to the recordation thereof by its duly authorized officer.

Dated:

ATTEST:

Randi Johl, City Clerk
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
CITY OF TEMECULA, a municipal corporation
an
Aaron Adams, City Manager

Exhibit "D"
Form of Temporary Construction Easement Deeds
Exhibit "D" — Page 1
11086-0204\2613793v1.doc

RECORDING REQUESTED BY
When Recorded Mail To
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Clerk
FREE RECORDING:

This instrument is for the benefit of the City of Temecula, and is entitled to be recorded without
fee or tax. (Govt. Code 6103, 27383 and Rev. &
Tax Code 11922)
APN: 910-100-018

TEMPORARY

CONSTRUCTION

EASEMENT DEED
Space above this line for Recorder's Use
District
County
Route
Postmile
Number
08 Riv
15 7.9
Linda D. Huddleston, Trustee of the Linda D. Huddleston Revocable Living Trust, dated August 12, 2019, Roxanna M. Hodges, Trustee of the Hodges Family Trust, dated September 10, 2014, and Susan D. Renno, Trustee of the Susan D. Renno Revocable Living Trust, date May 20, 2015, as to an undivided one-half (1/2) interest
FOURSQUARE FINANCIAL SOLUTIONS, INC., a California non-profit corporation, as to an undivided one - quarter (1/4) interest
STEVEN WILLIAMS and BRENDA JORDAN, successor co -Trustees of the Marital Trust Share One created under the Blake Family Living Trust, dated November 26, 1986, as to an undivided (1/4) interest hereinafter called GRANTOR hereby grants to
CITY OF TEMECULA, a municipal corporation
hereinafter called GRANTEE, a temporary easement for construction purposes in, on, upon, over, under and across that real property in the City of Murrieta, County of Riverside, State of California, described as follows:

SEE EXHIBIT "A" ATTACHED
It is understood and agreed that included in the purchase price per the Purchase and Sale Agreement Section 3 is compensation in full for the actual possession and use of the Temporary Construction Easement for a period of 34 months. Said period to commence on February 24, 2022 and terminate on December 24, 2024 (Expiration Date). 08-Riv-15-PM 7.9

Number
Grantors shall be provided at least 30 (thirty) days advance written notice before any entry on Grantor's property, and, unless extended, the TCE shall terminate on the earliest of (a) the date upon which Grantee notifies Grantor that it no longer needs the Temporary Construction Easement, or (b) thirty-four (34) months from the commencement date of the Temporary Construction Easement ("Expiration Date").

The covenants contained in this Instrument shall run with the land.

Dated this day of 120
Linda D. Huddleston, Trustee of the Linda D. Huddleston Revocable Living Trust, dated August 12, 2019, Roxanna M. Hodges, Trustee of the Hodges Family Trust, dated September 10, 2014, and Susan D. Renno, Trustee of the Susan D. Renno Revocable Living Trust, dated May 20, 2015 BY
NAME:

ITS
FOURSQUARE FINANCIAL SOLUTIONS, INC., a California non-profit corporation, as to an undivided one - quarter (1/4) interest
BY
NAME:

ITS:

ITS
08-Riv-15-PM 7.9

EXHIBIT "A"

LEGAL DESCRIPTION
A temporary easement for construction purposes in and to that portion of Lot 123 per MAP of the TEMECULA LAND AND WATER COMPANY showing the Subdivision of a Portion of the TEMECULA RANCH, situated in the City of Murrieta, County of Riverside, State of California, said map recorded in Book 8 of Maps, page 359, in the Office of the Recorder of the County of San Diego, described as follows:

COMMENCING at the centerline intersection of Jackson Ave and Elm St as shown on Parcel Map No. 30001 filed in Book 199, pages 35 through 37, inclusive, of Parcel Maps in Office of the County Recorder of Riverside County; thence along the centerline of Elm St South 48016'05" West, 902.64 feet to the easterly right of way of the freeway; thence along said right of way North 28040'49" West, 30.80 feet to an intersection with the northwesterly right of way of Elm St (30.00 feet half width) and the POINT OF BEGINNING; thence continuing along said freeway right of way North 28040'49" West, 275.30 feet; thence continuing along said freeway right of way North 20°24"17" West, 277.87 feet; thence departing said freeway right of way South 24059'23" East, 550.36 feet to said northwesterly right of way of Elm St; thence along said northwesterly right of way South 48°16'05" West, 4.69 feet to the POINT OF BEGINNING.

Containing 6,741 square feet, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6. Divide distances shown by 0.99991351 to obtain ground level distances.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act.

LAND SCi
Signature: y o
Professional Land Surveyor g `�' z
EXP. 12/31 /21
Date: September 14, 2021 � �q� No 735�
F OF- CA1 \Fo
08-Riv-15-PM 7.9 1/1

STATE OF CALIFORNIA

COUNTY OF
On before me, , 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)
08-Riv-15-PM 7.9

CITY OF TEMECULA
Office of the City Clerk
41000 Main Street
Temecula, CA 92590

CERTIFICATE OF ACCEPTANCE OF TEMPORARY

CONSTRUCTION EASEMENT DEED
(Govt. Code § 27281)
(Assessor's Parcel Number 910-100-018)
This is to certify that the attached Temporary Construction Easement Deed, which conveys a temporary easement for construction purposes to the City of Temecula in, on, upon, under and across that certain real property located in the City of Murrieta, County of Riverside described more particularly in Exhibit "A" to said Temporary Construction Easement Deed, is hereby accepted under the authority of the City Council of the City of Temecula, and the City of Temecula consents to the recordation thereof by its duly authorized officer.

Dated:

ATTEST:
an
Randi Johl, City Clerk
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
CITY OF TEMECULA, a municipal corporation
M.

Aaron Adams, City Manager

RECORDING REQUESTED BY
When Recorded Mail To
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: City Clerk
FREE RECORDING:

This instrument is for the benefit of the City of Temecula, and is entitled to be recorded without
fee or tax. (Govt. Code 6103, 27383 and Rev. &
Tax Code 11922)
APN: 910-100-018

TEMPORARY

CONSTRUCTION

EASEMENT DEED
Space above this line for Recorder's Use
District
County
Route
Postmile
Number
08 Riv
15 8.1
Linda D. Huddleston, Trustee of the Linda D. Huddleston Revocable Living Trust, dated August 12, 2019, Roxanna M. Hodges, Trustee of the Hodges Family Trust, dated September 10, 2014, and Susan D. Renno, Trustee of the Susan D. Renno Revocable Living Trust, dated May 20, 2015, as to an undivided one-half (1/2) interest
FOURSQUARE FINANCIAL SOLUTIONS, INC., a California non-profit corporation, as to an undivided one -quarter (1/4)interest
STEVEN WILLIAMS and BRENDA JORDAN, successor co -Trustees of the Marital Trust Share One created under the Blake Family Living Trust, dated November 26, 1986, as to an undivided (1/4) interest hereinafter called GRANTOR hereby grants to
CITY OF TEMECULA, a municipal corporation
hereinafter called GRANTEE, a temporary easement for construction purposes in, on, upon, over, under and across that real property in the City of Murrieta, County of Riverside, State of California, described as follows:

The covenants contained in this Instrument shall run with the land.

IN WITNESS WHEREOF, Grantor has caused this Instrument to be executed on the date set forth below.

Dated this day of , 20
Linda D. Huddleston, Trustee of the Linda D. Huddleston Revocable Living Trust, dated August 12, 2019, Roxanna M. Hodges, Trustee of the Hodges Family Trust, dated September 10, 2014, and Susan D. Renno, Trustee of the Susan D. Renno Revocable Living Trust, dated May 20, 2015 Am
NAME:

ITS:

FOURSQUARE FINANCIAL SOLUTIONS, INC., a California non-profit corporation, as to an undivided one - quarter (1/4) interest
BY
NAME:

ITS:

ITS
08-Riv-15-PM 8.1

EXHIBIT "A"

LEGAL DESCRIPTION
A temporary easement for construction purposes in and to that portion of Lot 123 per MAP of the TEMECULA LAND AND WATER COMPANY showing the Subdivision of a Portion of the TEMECULA RANCH, situated in the City of Murrieta, County of Riverside, State of California, said map recorded in Book 8 of Maps, page 359, in the Office of the Recorder of the County of San Diego, described as follows:

77.65 feet to said easterly right of way of the freeway; thence along said right of way North 4°03'46" West 16.79 feet to the POINT OF BEGINNING.

Containing 6,901 square feet, more or less.

The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6. Divide distances shown by 0.99991351 to obtain ground level distances.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act.

Signature:

Professional Land Surveyor
Date: September 14, 2021
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EXP. 12/31 /21
\� CF CA1-� �35
08-Riv-15-PM 8.1 1/1

STATE OF CALIFORNIA

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
08-Riv-15-PM 8.1
(Seal)

CITY OF TEMECULA
Office of the City Clerk
41000 Main Street
Temecula, CA 92590

CERTIFICATE OF ACCEPTANCE OF TEMPORARY

Dated:

ATTEST:
an
Randi Johl, City Clerk
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
CITY OF TEMECULA, a municipal corporation
M.

Aaron Adams, City Manager

LINDA D. HUDDLESTON, TRUSTEE, ROXANNA M. HODGES, TRUSTEE, SUSAN D. RENNO, TRUSTEE, FOURSQUARE FINANCIAL SOLUTIONS, INC.,

AND STEVEN WILLIAMS AND BRENDA JORDAN, SUCCESSOR COTRUSTEES APN 910-100-018
INTERSTATE 15
Fee — 11,516 SF
TCE — 6,741 SF and 6,901 SF

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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
FRENCH VALLEY PARKWAY/1-15 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
2020-21
Adjusted
2021-22
Adopted
Budget
2022-23
Projected
2023-24 2024-25
Projected Projected
2025-26
Projected
Total Project
Cost
Administration
2,552,128
251,670
227,000
227,000
227,000
3,484,799
Construction
88,950,000
88,950,000
Construction Engineering
1,279
10,899,721
10,901,000
Design & Environmental
17,898,086
1,221,217
19,119,303
Land Acquisition
9,393,251
5,826,900
743,100
15,963,251
Utilities
1,993
1,993
Total Expenditures
29,846,738
107,149,508
970,100
227,000
227,000
138,420,346
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
3,837,485 970,100 227,000 227,000
5,715,585
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
109,323,005 970,100 227,000 227,000
138,420,346
Future Operating & Maintenance Costs:
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c7"
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II
Circulation Project
2021-22
Prior Years
2020-21 Adopted 2022-23 2023-24 2024-25 2025-26
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 II.

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 II.

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).
72 pF TF.q£C
G" French Valley Parkway/I-15 Improvements - Phase 11
Circulation Project Location
0 400 800 Feet
Them a p FrenchValleyParkway_Phasell.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 2018 Aerial Data 58 Item No. 10

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 24, 2022
SUBJECT: Approve Agreement for Consultant Services with Dudek for the Citywide Drainage Master Plan, PW19-16
PREPARED BY: Avlin R. Odviar, Senior Civil Engineer
Shawna Bennetts, Associate Civil Engineer
RECOMMENDATION: That the City Council:

1. Approve the agreement for consultant services with Dudek in the amount of $535,740.50, for professional engineering services on the Citywide Drainage Master Plan, PW 19-16; and

2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $53,574.00, which is approximately 10% of the agreement amount.

BACKGROUND: The Citywide Drainage Master Plan, PW19-16, (Project) involves the collection of storm system data, modelling watershed hydrology, performing hydraulics analyses, GIS mapping, and preparation of a report including an inventory of the City's storm drain system and assessment of its capacity.

Upon completion, the Drainage Master Plan will serve as a useful tool in developing storm drain improvement projects, prioritizing maintenance activities, and general asset management of the City's storm water conveyance system.

On January 16, 2020, the City of Temecula issued Request for Proposals (RFP) No. 243 and it was posted on PlanetBids. The City received nine proposals from the following firms on February 13, 2020:

1. Dudek Corporation

2. RICK Engineering Company

3. Michael Baker International

4. NV5Incorporated

5. Q3 Consulting

6. GHD Incorporated

7. CWE Corporation

8. IMEG Corporation

9. Cozad & Fox Incorporated
The proposals were reviewed, excluding cost proposals, which were submitted under separate file and concealed until full evaluation was conducted. After panel review, the top three proponents were invited for interviews on March 17, 2020. However, funding for the Project was rescinded as part of the City's efforts to cut costs based on anticipated downturns in revenues caused by the COVID-19 pandemic.

Funding was reappropriated in Fiscal Year 2021-22, and the City continued the selection process on November 29, 2021. After requesting that the shortlisted proponents recertify their proposals, interviews were conducted on February 17, 2022, and the proponents were ranked as follows:

1. Dudek Corporation

2. RICK Engineering Company

3. Michael Baker International
Following the selection process, staff entered into negotiations with Dudek and believes the agreement to be fair and equitable.

FISCAL IMPACT: The Citywide Drainage Master Plan cost is included in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2022-26, and is funded with Measure S. Adequate project funds are available for the agreement amount of $535,740.50, plus a 10% contingency amount of $53,574.00 for a total encumbrance amount of $589,314.50.

ATTACHMENTS: 1. Agreement

2. Project Description

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

CITY OF TEMECULA AND DUDEK

CITYWIDE DRAINAGE MASTER PLAN
PROJECT NO. PW19-16
THIS AGREEMENT is made and effective as of May 24, 2022, between the City of Temecula, a municipal corporation hereinafter referred to as "City"), and Dudek, a Corporation (hereinafter referred to as "Consultant" ). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on May 24, 2022, and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, Scope of Work attached hereto and incorporated herein as though set forth in full.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum.

Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS PAGE 1 OF 9

Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html

6. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Five Hundred Thirty -Five Thousand Seven Hundred Forty Dollars and Fifty Cents ($535,740.50) for the total term of this agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.

The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council.

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

PAGE 2OF9

b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, prConsultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant.

10. INDEMNIFICATION. HOLD HARMLESS. AND DUTY TO DEFEND
PAGE 3 OF 9

a. Indemnity for Design Professional Services. In the connection with its design professional services, Consultant shall hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub -contractors, or agents in the performance of its professional services under this Agreement. b. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Paragraph 10.a. above, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant duty to defend pursuant to this Section 10.b. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees."

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
i. Insurance Services Office Commercial General Liability form No.

CG 00 01 11 85 or 88.
ii. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. iii. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. iv. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:

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 PAGE 4OF9

separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage.

3. Worker's Compensation as required by the State of
California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.

4. Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate.

C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Consultant insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.

PAGE 5OF9

e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VI I or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery PAGE 6 OF 9

requConsultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Dudek
Attn: Nicole Rieger, Project Manager
605 Third Street
Encinitas, CA 92024

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

PAGE 7OF9

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination.

PAGE 8 OF 9

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By:

RANDI JOHL, CITY CLERK
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney
DUDEK
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

Christine Moore, CFO
By:

Consultant
Dudek
Nicole Rieger, Project Manager
605 Third Street
Encinitas, CA 92024
760-479-4148
[email protected]
PM Initi Is:

Date:

PAGE 9 OF 9

EXHIBIT A

SCOPE OF WORK
All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full.

A-1

DUDEK

MAIN OFFICE
605 THIRD STREET
ENCINITAS, CALIFORNIA 92024
T 800.450.1818 F 760.632.0164

SCOPE OF WORK
Task 1. Project Management
Task 1.1. Project Management
Dudek will prepare monthly status reports detailing work completed, schedule status, and budget remaining at the task level along with the invoice. Dudek will conduct regular informal meetings with the project team including sub -consultants as needed. Other project management activities to be included as necessary are value engineering and construction feasibility to keep the project on schedule and within budget. The project manager will develop project schedule using MS Project and monitor it alongside, budget and progress. As the project advances the project manager communicates with the team on a regular basis to evaluate each task for completion and compares total earned value to project billings to establish a highly accurate budget status at any point in the project.

Task 1.2. Project Review Meetings and Coordination
Dudek will conduct regular progress meetings with the City, and other agencies as directed by the City. Dudek will attend progress meetings with the City and prepare meeting agendas and minutes for the meeting. The purpose of the meetings will be to review the progress of work and provide direction regarding the development of the drainage master plan. Two (2) in -person and ten (10) virtual meetings have been allocated for in the budget based on the preliminary schedule.

Task 1.3. Quality Control and Quality Assurance
Dudek, with the support of its subconsultant, JS&TM, shall prepare and implement a quality control program for the duration of the project. The program will document the responsibilities and processes used to ensure a quality project is provided to the City. For major milestone deliverables, the Project Manager will assign the quality control review to a Principal Level engineer familiar with the unique aspects of the project including sub consultant design elements. This task shall include oversight by the QA/QC manager and the independent technical reviews prior to project submittals. Bluebeam Studio Sessions will be used for the QA/QC reviews and City can be able to see all documents in Bluebeam Studio Sessions as well. Three documents will be included in each submittal: 1) QA/QC set, 2) Verification Set, and 3) Final Milestone submittal set.

Task 2. Data Collection and Review
Task 2.1 Kick -Off Meeting
Dudek will conduct an in -person project kick-off meeting with the City to refine, clarify and discuss project objectives, project schedule, preliminary designs, City data sharing agreement, City strategies, and budget. Dudek will also discuss the timing of deliverables outlined in the RFP for each task below. This meeting will include

TO: CITY OF TEMECULA
SUBJECT: SCOPE FOR RFP NO. 243, CITYWIDE DRAINAGE MASTER PLAN, CITY PROJECT NUMBER PW19-16 discussion on the process to update the GIS database with the City's GIS staff. It is assumed that Dudek's project manager, GIS task leads, CIP task lead and JS&TM lead will attend.

Task 2.2 Data Collection and Review
The data collection and analysis task will consist of collecting and reviewing relevant data provided by the City, Riverside County Flood Control and Water Conservation District (RCFWCD) or other sources. This data includes the existing stormwater asset GIS layer, as -built drawings including recently contracted capital improvements, available maintenance records, soils maps/data & environmental data, land use maps/data, existing hydrologic and hydraulic reports and floodplain mapping, water quality information compiled in the Santa Margarita River WMA WQIP, historical groundwater data, and any other previous studies. This task also include review of any proposed development or capital improvement project plans and reports for recently constructed improvements.

Dudek will meet with operations and maintenance staff in person to discuss any known flooding areas or other areas of concern and collect any storm drain conditions and flood damage record.

The data will be compiled and compared to the existing GIS stormwater layer to assess any gaps in the data. The Dudek team will use engineering expertise, knowledge of the local environment and asset management experience to identify and prioritize potential significant data gaps with City staff. In collaboration with the City, Dudek will perform prioritized field assessment, review of existing as -built plans and other verifiable relevant data available to cost-effectively update critical data needs for priority areas or assets. In addition to providing the storm drain infrastructure age, size, type, and maintenance responsibility, MS4 pipe and conveyance structure invert elevations are often unavailable or inaccurate in municipal GIS data and oftentimes available attributes require verification processes. Accordingly, the Dudek will work with the City project manager to rapidly evaluate available data and needs, prioritize resources to fill data gaps where necessary and provide recommendations for potential continual improvement process to improve data collection and GIS integration cost-effectively through City field staff or other means.

As part of the data collection task, Dudek will perform a reconnaissance investigation of the watershed area to verify the conditions of the watershed, verify the accuracy of the as -built plans, and fill in data gaps where feasible. The field reconnaissance investigation will assess general surface flow patterns, any flow restrictions, and review the areas of known flooding concerns. Dudek will collect additional data such as right-of-way, rainfall data, floodplain delineations and FEMA reports, channel improvement plans, LIDAR topographic data, utility information, property ownership and geotechnical data.

In addition, as part of the field inspection task, Dudek will verify the facility information in comparison to the plan data, and augment data gaps with available information. The inspection will include limited field measurements, if possible, for depth of pipe, pipe size, and pipe condition (if visible). This task does not include enclosed space work. Catch basins and manholes will be located based on a GPS field inventory. Information will be transferred into the City's GIS database, including catch basin/manhole/pipe material type, catch basin/manhole/pipe size, date constructed (if available), referenced construction plans (if available), GPS location, and invert elevation.

A large portion of the City's storm drain system includes pipes that range in size from 18-inch diameter to 66-inch diameter. The City's storm drain infrastructure also includes structural controls including retention/detention basins and other structural controls including major outfalls as defined by the San Diego Regional MS4 Permit.

These assets are distributed throughout City jurisdiction within the Murrieta and Long Creek, Santa Gertrudis, D U D E K A-3 MAY 2022

TO: CITY OF TEMECULA
SUBJECT: SCOPE FOR RFP NO. 243, CITYWIDE DRAINAGE MASTER PLAN, CITY PROJECT NUMBER PW19-16 Temecula Creek and Redhawk Channel, Vail Lake and Pechanga Creek, and Upper/Lower Santa Margarita River subareas, Given distribution and abundance of storm drain infrastructure, access constraints, and pipes sizes involved, Dudek proposes five (5) day two -person field visits for this project to complete verifications of data/fill gaps, and take measurements where data is missing from all available as -built or other information.

Deliverable: Data Collection Summary Table, system inventory validation based on records collection, updated GIS storm drain network system layers.

Task 2.3 Update Drainage Facility GIS Database
Dudek will update the City's existing GIS storm drain network system layers to a comprehensive storm drain asset database that incorporates the data collected in Task 2.2 and 2.4 (optional) while ensuring that the finished GIS system layers are compatible with City's systems. The storm drain network shall be updated to show all storm drain network features for pipe sizes 18 inches in diameter and greater and their associated structures within the City and shall include ownership (City, RDFWCD or private), pipe material, size, year it was built, and similar relevant data. Dudek will acquire manhole inverts from as -built, or by evaluating the invert elevations of adjacent manholes within the same system (upstream and/or downstream) in areas not included in the field investigations and will update City owned assets. The network shall also be updated to show post -construction BMPs (as applicable), retention/detention basins, outfall locations and storm drain laterals.

The updates will be based upon the existing GIS databases, utility inventories, as -built drawings obtained from the City, CCTV data (optional), and field verifications. In addition to the catch basin and manhole information, the pipe data accumulated will include drainage facility dimensions and alignment. A technical memorandum will be prepared along with the updated drainage GIS database to include a description of the existing system and a general inventory of the drainage assets. It is assumed this task includes review of up to 60 as -built drawings.

Deliverable: Technical Memorandum & updated GIS database.

Task 2.4 CCTV Condition Assessment (Optional Task)
As an optional task, performing a condition assessment may provide valuable information in the creation of the modeling and the infrastructure recommendations. Dudek recommends this type of assessment in areas where the age, pipe material or condition of the storm drain may pose a risk to the function of the storm drain system.

In locations where corrugated metal pipe (CMP) was installed, or where there is a gap in the storm drain data, Dudek recommend a CCTV assessment as these pipes are most likely to fail due to their age. This will help develop a complete and comprehensive master plan of drainage with validation for any immediate/future pipe segment rehabilitation. If the City chooses to include this optional task, the number of pipes to be included in the CCTV condition assessment will not be established until a full field assessment is concluded. The task is estimated to include approximately 1 mile of CCTV condition assessment over 3-4 days. This task does not include cleaning of the storm drains which may limit or prohibit access if significant amounts of debris are present in the pipes.

Dudek will coordinate with the CCTV vendor and City Project Manager to provide the vendor with a CCTV Exhibit.

The vendor will use the exhibit for CCTV inspections of the existing additional stormwater systems which will help fill in the data gaps from the existing stormwater system data as well as assess the condition of these additional D U D E K A_4 MAY 2022

TO: CITY OF TEMECULA
SUBJECT: SCOPE FOR RFP NO. 243, CITYWIDE DRAINAGE MASTER PLAN, CITY PROJECT NUMBER PW19-16 stormwater pipes and structures. Dudek will use the CCTV data and all other information collected to categorize the condition, useful life, and value of the existing storm drain assets. Dudek will recommend that CCTV vendor uses the NASSCO pipeline assessment standards to categorize the condition of the pipe and storm drain structures. Dudek will review the conditions to determine the value of the assets and assess need for repair/rehabilitation. Dudek will compile the CCCTV data to deliver updated GIS shape files for the GIS database of the existing drainage facilities within the project limits.

Task 3. Drainage Modeling
Task 3.1. Establish Engineering Design Criteria
Hydrologic and hydraulic analysis will follow after the existing stormwater system has been mapped. In order to consistently assess the City's stormwater facilities, Dudek will establish the design criteria for hydraulic and hydrologic design requirements prior to initiating the preliminary design process. The process will include reviewing the applicable standards and criteria and setting a criteria for the assessment to ensure that the required level of flood protection is provided to meet the various jurisdictional agency requirements. The criteria will be in conformance with the City of Temecula Engineering Standards, as well as the guidelines outlined in the Riverside County Hydrology Manual methodology and Riverside County Transportation and Land Management Transportation Standards. During this process, the software options will be reviewed and selected for the hydrology and hydraulic modeling. This recommended design criteria and guidelines will be summarized in a technical memorandum that will be submitted to the City for review and approval. The design criteria memorandum will also include an overview of the options for environmental clearance for the master plan. This guidance document will serve as a reference framework to help the decision making process in the condition assessment and determination of necessary capital improvements in later tasks.

Deliverable: Hydrology & Hydraulic Assessment Design Criteria Memorandum Task 3.2. Delineate Existing Watershed Basins
Dudek will delineate drainage area boundaries to cover the entire City based on available GIS information, field investigations and topographic data. Dudek will review the County of Riverside's most recent topographic data and the City's 2018 topographic data and will use whichever is better suited for this analysis. In this process, Dudek will use both AutoCAD and GIS to verify or develop drainage areas and subareas that will be used in the hydrology and hydraulic analysis. The final hydrology maps will be in GIS format, with all the hydrologic parameters added as attributes that can be retrieved by a click of every area or subareas. To increase efficiency, Dudek will use GIS analysis tools to help in the delineation of those areas that are undeveloped using the digital terrain data (DTM) developed based on the existing County of Riverside Lidar topographic data. We will employ rigorous quality control and quality assurance measures and all work processed using GIS will be reviewed thoroughly against field verified data to ensure that accuracy in the results.

Larger watershed boundaries will be divided into smaller drainage basins and will be based on the outfall locations to the following water bodies: Santa Gertrudis Creek, Murietta Creek, Long Canyon Creek and Temecula Creek. The minimum critical hydrologic concentration points will be established to assist in the development of the watershed model and analysis requirements for the hydraulic design. Watershed delineation will be detailed enough to that ensure that all the MS4 components, both City and RCFWCD facilities, with tributary areas of one D U D E K MAY 2022
A-5

TO: CITY OF TEMECULA
SUBJECT: SCOPE FOR RFP NO. 243, CITYWIDE DRAINAGE MASTER PLAN, CITY PROJECT NUMBER PW19-16 square mile or greater are evaluated and tributary flows determined. This will also include other facilities identified by the City, the existing regional and local flood control facilities, and City owned detention and retention basins.

Both existing condition and proposed condition watershed maps with the delineation of the watershed drainage basins will be created to document the mapping for the existing and proposed hydrologic modeling. Driveways that are at grade with the streets and have no curb and gutter, and other similar field conditions, may not be clearly captured in the topographic data. Dudek will identify these areas during the field survey and will ensure that the field conditions are accurately modeled during hydraulic analysis. Dudek will obtain and review available data for parameter estimation in the hydrology model development. The data will include infiltration, vegetation cover, impervious cover, hydrologic soils data, ultimate condition land use data, and watershed hydraulic efficiency. Dudek will review the existing and ultimate condition land use patterns within the City along with the surrounding tributary areas. This will involve looking at the population and development patterns for the present day and future growth, per the City's General Plan.

Task 3.3. Hydrology Analysis
Dudek will prepare hydrology analysis for the watershed using the existing and ultimate land use watershed condition to determine the surface runoff flowrates for the 10-, and 100-year storm frequencies, following the guidelines outlined in the latest Riverside County Hydrology Manual methodology. This will be performed utilizing the latest version of AES software (RATSCx and FLOODSCx for rational method and unit hydrographs methods, respectively). The rational method hydrology will be used to size the storm drain inlets, and pipe systems, including MS4 facilities while synthetic hydrographs will be used to determine flow volumes where needed, and specifically for retention and detentions basins as well as BMPs. This hydrology shall evaluate the 3, 6, and 24 hour duration storm for the 10-year and 100-year events based on the most current rainfall data published in the NOAA Atlas 14. Recommended master plan storm drain infrastructure improvements will be sized to meet the City standards as well as the County of Riverside flood control criteria, which will include containing the 10-year storm below the top of curb elevation and the 100-year storm within the public right-of-way or as established under Task

3.2. Hydrology calculations will be performed for both the existing conditions and the ultimate conditions.

Task 3.4. Hydraulic Mode
Dudek will utilize the results from the hydrology analysis in Task 3.3 to perform hydraulic analysis and determine the conveyance capacity of the existing City storm drain systems. Dudek will perform a city-wide hydraulic analysis of the conveyance "capacity" of the existing City storm drain system, which will include subsurface storm drains and open channels. The larger backbone drainage systems (typically 24-inch and larger) are proposed to be evaluated in the Los Angeles County Water Surface and Pressure Gradient (WSPGW) program in alignment with the local drainage standards. Dudek will discuss with the City during the establishment of the design criteria if other software programs, such as StormCAD or Autodesk Storm and Sanitary Analysis, are beneficial instead of WSPGW to provide a single integrated drainage model that can easily be updated in the future. The hydraulic analysis will be based upon evaluation of the hydraulic grade line, rather than "normal depth" calculations.

Hydraulic grade line (HGL) calculations will be performed using WSPGW. The hydraulic model developed as part of this task will provide the baseline model to identify system deficiencies and to test the modification alternatives of the recommended storm drain improvements. The storm drain water surface profile models will only be generated for the backbone storm drain lines, using downstream tailwater controls in the major systems.

D U D E K A-6 MAY 2022

TO: CITY OF TEMECULA
SUBJECT: SCOPE FOR RFP NO. 243, CITYWIDE DRAINAGE MASTER PLAN, CITY PROJECT NUMBER PW19-16 The results of the hydrology analysis will also be used to perform street flooded width calculations at critical street locations to ensure conformance with the established design criteria and County/City criteria. Street flooded width analysis will be necessary to help review if additional catch basins are needed to improve safety by providing a "dry lane" for a given storm event to improve emergency vehicle access during large storm events.

The analysis will be based on normal depth calculations and using City of Temecula standard street sections.

The hydraulic model developed as part of this task will provide the baseline model to identify system deficiencies and will be used to determine the modifications for the recommended storm drain improvements to meet ultimate conditions. The storm drain water surface profile models will only be generated for the main "collector" or "trunk" storm drain lines, and the private or local facilities outside of public right-of-way intercepting the lot/building surface drainage will not be analyzed to be included in the report. Hydraulics analysis will be performed for the 10-, and 100-year storm frequencies. The hydraulic analysis will result in determining the size the proposed facilities, per guidelines provided in County of Riverside and City of Temecula guidelines as well as criteria established in Task 3.2, in order to meet ultimate condition needs.

Task 3.5. Capacity Analysis and Hydraulic Deficiency Identification Dudek will use the hydraulic model created in Task 3.4 to determine a list of recommended system improvements based on the existing and ultimate conditions. We will review the existing storm drain systems, including pipe network, flood control channels, and determine the capacity of the individual storm drain components, and including all MS4 facilities. This will include obtaining capacity information of all regional flood control channels and other storm water detention/retention basins from the City and the RCFWCD. Dudek will also review all City facilities in developing recommendations for improvements or upgrade.

The hydraulic models will be analyzed in a sensitivity analysis to determine the maximum hydraulic capacity of the systems. The maximum allowable hydraulic capacity will be defined as the highest elevation of the hydraulic grade line below the street that allows the surface inlets to function and at the direction of the City. A sensitivity analysis will be performed by factoring the design discharges to a lower amount until the storm drain operates without causing flooding of surface inlets. The hydraulic model will also more accurately quantify, with a numerical amount, the amount of hydraulic conveyance that the existing system is deficient. The hydraulic capacity will be converted to "level of flood protection" numerical value through a ratio of the capacity flowrate to the City's desired level of service. Based on hydraulic analysis, Dudek will prepare improvement recommendations for ultimate conditions design and develop a prioritized improvement ranking system, under Task 3.6 below.

Task 3.6. Proposed Infrastructure Recommendations
Dudek will develop a list of recommended system improvement projects (estimated to be 20-30 locations). To develop this list, preliminary alternatives will be developed for the identified deficiencies. The conceptual assessment will focus on either increasing the hydraulic capacity through enlarged drainage facilities or a new parallel system adjacent to existing facilities or constructing a diversion system. The overall watershed system will be divided into study reaches for refined analysis on a reach -by -reach basis. A list of potential design options will be identified which meet the primary flood protection objectives and major constraints associated with the alternatives will be discussed. A feasibility analysis will be performed to screen the alternatives and develop the recommended alternative based on selection criteria, including constructability, innovation, public impact and cost/benefit.

D U D E K A-7 MAY 2022

TO: CITY OF TEMECULA
SUBJECT: SCOPE FOR RFP NO. 243, CITYWIDE DRAINAGE MASTER PLAN, CITY PROJECT NUMBER PW19-16 Preliminary horizontal and vertical alignments will be developed for the recommended facilities. The lengths and elevation data will be used for detailed hydraulic analysis and cost estimating purposes. Recommended drainage improvements to remove hydraulic deficiencies of the storm drain systems will be analyzed using WSPGW and will require iteration process to demonstrate flooding levels up to the ultimate development. For projects that would require shared funding and coordination between the City and the County of Riverside, Dudek will develop strategic alternative design options that would be implemented by the City in case negotiations/coordination with the RCFWCD do not succeed. The alternative design options would aim at achieving the same flood mitigation as would be provided by the shared CIP project.

A technical memorandum will be prepared that summarizes the results of the alternatives analysis and the recommendation of system improvements. The memorandum will serve to reference the methodology, design assumptions, guidelines, and criteria developed for the identification and evaluations of the drainage alternatives.

The GIS database will be updated to include the proposed infrastructure recommendations once recommendations are finalized.

Task 3.7. 1D/2D Combined Hydrology & Hydraulics Modeling and Analysis Dudek proposes to use XPSWMM program for combined one-dimensional (1D) and two-dimensional (2D) hydrology/hydraulics modeling to perform advanced analysis in one location within the City to provide a more cost-efficient solution to potential drainage issues in the area. Dudek will prepare 1D/2D modeling for up to three areas that will be determined during Task 3.4. Each area is estimated to be a 200 acre watershed and will be based on the topographic data used in Task 3.2. The hydraulic model developed as part of this task will provide the baseline model to identify system deficiencies and will be used to determine the modifications for the recommended storm drain improvements. The storm drain water surface profile models will only be generated for the main "collector" or "trunk" storm drain lines, and the private or local facilities outside of public right-of-way intercepting the lot/building surface drainage will not be analyzed. The water surface data and hydraulic information will be summarized in tabular format for each reach or element of the facility to allow easy use and review. Dudek will also generate 2D result exhibits that will show progressive street flooding reduction from the present condition, until all capacity deficiencies are eliminated for ultimate development condition. Assumes any available previous modeling and reports will be provided by the City.

Deliverables: Hydrology & Hydraulic Assessment Design Criteria Technical Memorandum, Proposed Infrastructure Recommendations Technical Memorandum & updated GIS database with flow rates.

Task 4. Potential Capital Improvement Projects & Estimate Construction Costs Dudek will work with the City to identify specific deficient storm drain system segments to be included as potential capital improvement projects based on the field observations, hydrology and hydraulics analysis results and input by City engineering and maintenance staff. Any previous Capital Improvement Program (CIP) lists will be reviewed for consideration of carryover from previous recommendations where the improvements have not yet been completed. Dudek will develop a list of the recommended CIP projects. Dudek's goal is to incorporate some innovative multi -benefit projects that are more nature based, as part of the recommended projects, as much as will be practically possible.

D U D E K A-8 MAY 2022

TO: CITY OF TEMECULA
SUBJECT: SCOPE FOR RFP NO. 243, CITYWIDE DRAINAGE MASTER PLAN, CITY PROJECT NUMBER PW19-16 The goal of this program is to provide the City with a long-range planning document for constructing stormwater infrastructure improvements on a prioritized basis. The planning document is intended to be dynamic to allow for changes as priorities evolve over time. The final deliverable will also include detailed exhibits depicting the location/segment of the storm drain system to be replaced for each year. In addition, Dudek will estimate the total project costs, including design, permitting, and construction costs, identified and tied to the latest ENR cost Index for the Temecula area, and utilizing an annual capital improvement budget allocation determined by the City.

The CIP projects will be strategically planned to minimize complexities associated with coordination with other agencies, such as the RCFWCD. Dudek will identify projects that may require shared funding between the City and the RCFWCD and allowing enough lead time for partnership negotiations/agreement processing. As part of the CIP Program, Dudek shall clearly outline the benefits of shared projects to both the City and the RCFWCD.

The CIP technical memorandum will contain the results of the capacity analysis as well as the water quality best management practices once those analyses are complete.

Assumptions: It is estimated that 20-30 projects will be identified. A preliminary estimated cost of construction will be generated from the quantity estimate using approved unit costs from the City. The total project costs for each alternative will include line items for project design, survey, geotechnical, administration and construction support. In addition, intangible costs for alternative systems will be investigated, such as environmental mitigation, if these are determined to be critical for a particular improvement. Major physical constraints will be included in the estimate such as (1) land acquisition, (2) street paving and traffic control, and (3) utility relocation or protection. Prioritization will include City input and guidance.

Deliverable: CIP Technical Memorandum with the capacity and water quality best management practices once those analyses are complete.

Task 5. Master Plan Report
Dudek will develop a Master Plan Report that will provide a comprehensive documentation of the stormwater system including existing and proposed structural and non-structural stormwater quality best management practices, operation and maintenance program, and system maps. This document will serve to reference the design assumptions, guidelines, and criteria developed for the project. The report will include the engineering analysis and associated documentation will include hydrology analysis and watershed evaluation, existing systems hydraulic capacity, facility design considerations, required systems hydraulics, feasibility alternative investigation and design selection matrix, and facility construction costs. The Master Plan Report will generally follow the structure outlined with the City's Project Manager prior to the start of this task and will be based on industry standards.

The report shall provide a detailed narrative of all the tasks performed, findings, and Dudek recommendations.

Dudek will submit a digital copy of the draft storm drain master plan report to the City's Project Manager for review prior to the final master plan report. Upon completion of the City review process, Dudek wills schedule a meeting with the City to go over the comments. Dudek will then update the master plan report to address City comments and submit final report.

Deliverable:

D U D E K A-9 MAY 2022

TO: CITY OF TEMECULA
SUBJECT: SCOPE FOR RFP NO. 243, CITYWIDE DRAINAGE MASTER PLAN, CITY PROJECT NUMBER PW19-16 • Digital copy of the draft drainage master plan report & the final master plan report. • Flash drive with the following documents
o Preliminary Concept Report for Storm Drain system improvement recommendations in Word and PDF format.
o Draft report along with the computer model on flash drive. o Final report along with the updated computer model on flash drive. o Rating table ranking all recommended system improvements in editable Excel format. o Repair/Replacement CIP Table in Excel (editable) format. o CCTV data/results (Optional Scope)
o Fiscal and Fee Analysis
o An electronic copy of 11X17 size drawings of the entire storm drain network map with index sheet included as an appendices in the Master Plan report. Drawing sheets will show sub -drainage basins, pipe ownership, pipe size, pipe flow direction, flow direction of street surface runoff, manhole locations, catch basin locations and all laterals incl. private laterals (size call out not necessary). This map will clearly identify existing and proposed facilities including sizes. Existing post construction BMPs, retention/detention basins, and outfall locations will be identified by size and location. Contour lines will be depicted in the background of the drawings sheets.

Task 6. Fiscal and Fee Analysis
Based on the findings of costs in Task 5, the Dudek team will develop a drainage impact fee calculation that can be implemented based on increase in impervious area and hydraulic need for each drainage basin. To assess the drainage impact fee calculation, Dudek and our subconsultant 30 Three Sixty will coordinate at the outset of the engagement to ensure that the cost apportionment methodology on which the drainage impact fee is based reflects (1) the specific nature of the infrastructure recommendations and estimated construction costs for each drainage area and (2) the requirements set forth in the Mitigation Fee Act. This approach results in a fee that establishes a reasonable relationship between the amount of the fee and the drainage impacts of the property on which the fee is levied. The following tasks will be performed:
• Integrate Mitigation Fee Act Criteria into Construction Cost Estimates - The Dudek team will coordinate with the City to ensure that the infrastructure recommendations and estimated construction costs provide sufficient documentation to satisfy the following Mitigation Fee Act requirements:
o Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;
o Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; o Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed; and
D U D E K A-10 MAY 2022

TO: CITY OF TEMECULA
SUBJECT: SCOPE FOR RFP NO. 243, CITYWIDE DRAINAGE MASTER PLAN, CITY PROJECT NUMBER PW19-16 o A fee shall not include the costs attributable to existing deficiencies in public facilities, but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (a) refurbish existing facilities to maintain the existing level of service or (b) achieve an adopted level of service that is consistent with the general plan. • Fee Apportionment Methodology
o The Dudek team will develop a method of allocating costs and calculating fee amounts for projected future development by anticipated land use types. The method will utilize modeled drainage impact factors for each land use to ensure that the fee collected from any newly developing parcel represents that parcel's share of the overall drainage facilities demand. Among the demand factors to be considered will be drainage area location and each land use type's impervious area factor, or other factor appropriate for the specific nature of any identified infrastructure improvement.
• Fee Calculation Model
o The Dudek team will prepare a fee calculation model based on the consensus fee methodology and incorporating the growth projections and infrastructure recommendations in developing its drainage improvement cost estimates. To the extent the annual in addition to buildout growth projections are forecasted, the Dudek team will further prepare a cash flow model to estimate the amount and timing of fee revenue available to pay for infrastructure improvements.

Deliverables: To be included in written master plan report 1) calculation of the development impact fee, with any appropriate credits; and 2) discussion of the application/administration of the fee.

Task 7. Concept Design Treatments
The concept design treatments task will focus on finding and evaluating potential projects to mitigate for increase in storm runoff. Dudek will identify specific areas of infiltration/retention/bio- retention within the public parkway right of way to minimize the need to upsize existing storm drain pipes within each of the sub drainage basins that contribute to a capacity deficient or at capacity storm drain/catch basin.

Dudek will use the analysis performed in Task 3.2 through 3.6 along with the "future" land use data and existing City right-of-way and property information to recommend opportunities to implement innovative measures to reduce storm water pollutants as well as decrease costs of upsizing existing storm drain systems. We will identify and prepare a priority list of projects with specific multi use treatment areas (detention/water quality/ground water recharge), green infrastructure, and green street opportunities to help the City meet its pollution reduction goals. We will also consider use of infiltration galleries, diversion systems, capture and reuse, street curb extension, permeable pavements, dry wells, and park retrofits among others, aimed at reducing runoff volume and addressing water quality concerns. Conceptual design of these innovative flood control/ storm water quality measures will be developed and a list of any physical constraints, such as utility relocation or protection soil type or nearby structures. It is assumed that these innovative flood control/ storm water quality measures will be limited to the City right-of-way or property.

D U D E K A-11 MAY 2022

TO: CITY OF TEMECULA
SUBJECT: SCOPE FOR RFP NO. 243, CITYWIDE DRAINAGE MASTER PLAN, CITY PROJECT NUMBER PW19-16 With input from the City staff in terms of design and location selection, Dudek will estimate a total project cost for each of the proposed measures and will include line items for project design, survey, geotechnical, administration and construction support. In addition, intangible costs for alternative systems will be investigated, such as environmental mitigation, if these are determined to be critical for a particular system. Conceptual design details shall consist of, but not limited to, site location, watershed characteristic, retrofit characteristic, project scope, project and design parameters, budget level cost estimate, site photos, typical sections, aerial map, and drainage map based on soil conditions.

Based on the information from the hydraulic analysis and the stormwater quality measures recommendations, Dudek will review the City's current policies, procedures and ordinances to provide recommendations for revisions to improve the operation of the drainage system and have adequate policies and procedures in place to properly maintain the recommended innovative flood control/storm water quality measures. A technical memorandum will be prepared to outline the City's existing policies and provide the recommendations of the updates or new documentation that will help City staff reduce potential flooding.

The plan will include an operation and maintenance program with a focus on the stormwater quality best management practices proposed within the City.

Deliverable: Conceptual design plans of the storm water quality measures/innovative multi -use systems, conceptual design treatments and costs (up to 2 concepts), stormwater maintenance and operations recommendations technical memorandum summarizing existing policies and recommendations for updates or new requirements.

D U D E K A-12 MAY 2022

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 $535,740.50 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.

P2211146 (Recertification of Citywide Drainage MP)
City of Temecula
P2211146 (Recertification of Citywide Drainage MP)

DUDEK FEE ESTIMATE
4/25/2022
DUDEK
Project Team Role:

Team Member.

Billable Rate:

Project Management -
PIC
Russ Bergholz
$265.00
Project Manager
Nicole Rieger
$235.00
Master Plan Lead
Elizabeth Caliva
$235.00
H&H Engineer
Jennifer O'Brien
$220.00
CIP Lead
Charles Greely
$260.00
Dudek
CIP/GIS Engineer
Solis Black
$185.00
Labor Hours and
CAD Designer
Paul Caligiuri
$180.00
Rates
GIS Lead
Mark McGinnis
$220.00
GIS
Shannon Brown
$220.00
WQ
Bryn Evans
$255.00
Admin
Michelle Kinney
$140.00
Env Lead
Carey Fernandes
$255.00
Env Staff
Andrew Talbert
$185.00
TOTAL
DUDEK
HOURS
General Services
30 Three Sixty

DUDEK LABOR
COSTS i Fee
Subconsultant Fees
General Services
CCTV
Fee
JS&TM

OTHER DIRECT
Hours Fee COSTS TOTAL FEE
I
®Project Management
$130:9t t
Project Review Meetings and Coordination
$19,640.00
®,QualityControl . Quality Assurance
0,230.0
Subtotal Task 1
0�-®---00�--®
----
®
Update Drainage . Database
Subtotal Task 2
®Drainage
Delineate Existing Watershed Basins
�11111111111111ffy
MMI I
MONT M-71 I "I,
I D12D Combined Hydrology and Hydraulics Modeling and Analysis 11=11
VMS in
Subtotal Task 3
Subtotal Task
Fiscal Fee and Anal
Fiscal Fee and Analysis
Subtotal Task 6
IFIT M.,
Concept Design Treatments
Concept Design Treatments 8 20
Subtotal Task 71 8 t t
Total Hours 4 146 128 908
Total $1,060.00 $34,310.00 $30,080.00 $199,760.00
60 $15,600.00
:t
680
$125,800.00
96 $17,280.00
208
$45,760.00
32 $8,160.00
16 $2,240.00
4 $1,020.00
t8tt
8 2332
$1,480.00 $491,790.00
42 $9,240.00
$15,812.50
152
$0.00
$28,138.00
$0.00
$535,740.50
Percent ofHours(Base) 0% 6% 5% 39% 3% 29% 4% 2% 9% 1% 1% 0% 0% Optional Services
$27,500.00 $31,070.00
Total Optional + Base Hours and Fee, 4 148 128 912 1 60 692 96 42 208 32 16 4 8 2350 $495,360.00 $15,812.50 1 $27,500.00 152 $28,138.00 $0.00 766,810.50 Percent ofHours (Optional+ Base) 0% 6% 5% 39% 3% 29% 4% 2% 9% 1% 1% 0% 0% B-2
Dudek Project Budget Created 4/25/20227:41 AM Page 1 of 1

Alk
c7"
The Heart of Southern California
Wine Country

CITYWIDE DRAINAGE MASTER PLAN
Infrastructure Project
Project Description: This project will prepare a report that shows all drainage courses within the City and existing drainage improvements that have been constructed to control storm runoff. In addition, the project will include a master hydrology study showing the anticipated storm flows at build -out.

Benefit: The Master Drainage Plan will provide the City with sufficient up-to- date and accurate information to systematically plan and manage its drainage systems and provide higher level of flood protection to its residents, communities, properties, and infrastructure investments.

Core Value: A Safe and Prepared Community
Project Status: Project is estimated to commence in Fiscal Year2021-22.

Department: Public Works - Account No. 210.265.999.722 / PW19-16 Level: I
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
Ak
The Heart of Southern California
Wine Country
2021-22
Prior Years
2020-21 Adopted 2022-23 2023-24 2024-25 2025-26
Total Project
Project Cost:

Actuals
Adjusted Budget Projected Projected Projected Projected Cost
Administration
120,000
120,000
Design & Environmental
600,000
600,000
Total Expenditures
720,000
720,000
Source of Funds:

Measure S 20,000 700,000 720,000
Total Funding 1 20,000 - 700,000 720,000
Future Operating & Maintenance Costs:

Total Operating Costs
liiffl

Item No. 11

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 24, 2022
SUBJECT: Approve First Amendments to Annual Professional Services Agreements for Geotechnical and Materials Testing Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024 PREPARED BY: Amer Attar, Engineering Manager
Jenny McConville, Senior Office Specialist
RECOMMENDATION: That the City Council approve the first amendments to annual professional services agreements for geotechnical and materials testing services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020- 2024, as follows:

Geocon West, Inc.

Geotechnical & Materials Testing
First Amendment
Services
$1,000,000 total term
Leighton Consulting, Inc.

Geotechnical & Materials Testing
First Amendment
Services
$1,000,000 total term
MTGL, Inc.

Geotechnical & Materials Testing
First Amendment
Services
$1,000,000 total term
BACKGROUND: On July 23, 2019, the City Council approved professional services Agreements for Geotechnical and Materials Testing Services with Geocon West, Inc., Leighton Consulting, Inc., and MTGL, Inc. Each Agreement covers a period of five years, fiscal years 2020- 2024, for an amount not to exceed $200,000 each fiscal year, for a total agreement amount of $1,000,000.

Each firm is currently providing services on a variety of CIP projects for the Public Works Department, and as a result we have nearly exhausted the current fiscal year 2021-22 allowance of $200,000. As such, staff needs to amend each agreement to exclude the annual fixed amount of $200,000 per fiscal year to avoid delays to ongoing projects. These Amendments will amend the Payment Terms to allow for a total Agreement value, removing the annual allowance that is currently limited to $200,000 per fiscal year. The original term of the Agreements will remain unchanged and will be in effect through June 30, 2024, unless otherwise amended in the future.

All firms have provided updated Schedule of Hourly Billing Rates for the forthcoming FY 2022- 23, included as Attachment "A" to each Amendment.

FISCAL IMPACT: Adequate funds are made available in the Capital Improvement Program (CIP) for Fiscal Years 2022-2026, and annual services are funded by the various funding sources approved for each project.

ATTACHMENTS: 1. Geocon West, Inc. — First amendment

2. Leighton Consulting, Inc. — First Amendment

3. MTGL, Inc. — First Amendment

FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND GEOCON WEST, INC.

GEOTECHNICAL AND MATERIALS TESTING SERVICES
THIS FIRST AMENDMENT is made and entered into as of May 24, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Geocon West, 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 July 23, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Geotechnical and Materials Testing Services, in the amount of $200,000.00 each fiscal year, for a total Agreement amount of $1,000,000.00. b. The parties now desire to amend the Agreement as set forth in this Amendment.

2. Section 6 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 terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00) for the total term of this agreement, unless additional payment is approved as provided in this agreement.

3. The Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full.

4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By:

Rand! Johl, City Clerk
APPROVED AS TO FORM:

Geocon West, Inc.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: �o tj
J e h 4ettel, CEO
By:
iam Lydon, CFO
By:

Peter M. Thorson, City Attorney CONSULTANT
Geocon West, Inc.

Attn: Lisa Battiato
41571 Corning Place, Suite 101
Murrieta, CA 92562
(951) 304-2300
[email protected]
[email protected]
City Purchasing Mgr.

Initials and
Date: '1i--
08/09/2021

Attachment "A"
Exhibit "B" GEOTECHNICAL
400)1� G ,OC,ON ENVIRONMENTAL
WEST, INC. 2022 Schedule of Fees — RV22 MATERIALS

PROFESSIONAL SERVICES
Word Processor/Non-Technical Assistant/Draftsman..................................................................................................................................................$83/hr.

EngineeringAssistant/Lab Technician.......................................................................................................................................................................... $93/hr.

EngineeringField Technician........................................................................................................................................................................................*75/hr.

SeniorField Technician.................................................................................................................................................................................................*75/hr.

Special Inspector (Concrete, Rebar, Masonry, Welding, etc.).....................................................................................................................................*85/hr.

FieldTechnician Supervisor....................................................................................................................................................................................... *120/hr.

StaffEngineer/Geologist............................................................................................................................................................................................. *120/hr.

Sr. Staff Engineer/Geologist....................................................................................................................................................................................... *125/hr.

ProjectEngineer/Geologist......................................................................................................................................................................................... *135/hr.

SeniorProject Engineer/Geologist............................................................................................................................................................................. *145/hr.

SeniorEngineer/Geologist.......................................................................................................................................................................................... *155/hr.

AssociateEngineer/Geologist..................................................................................................................................................................................... *165hr.

Principal Engineer/Geologist/Litigation Support..........................................................................................................................................................250/hr.

AttorneyFees (General)............................................................................................................................................................................................. *350/hr.

Depositionor Court Appearance................................................................................................................................................................................ $400/hr.

Overtime/Saturday Rate/Night Rate (10pm — 6am w/ 8 Hr minimum per call out)....................................................................1.5 X Regular Hourly Rate
Sunday and Holiday Rate................................................................................................................................................................ 2 X Regular Hourly Rate
Minimum Field Services Fee (per day or per call-out)............................................................................................................................................... 4 Hours
Short -Notice Cancellation (after 4 pm of the day prior to the scheduled inspection time)....................................................................................... 4 Hours
Short -Notice Cancellation (upon or after arrival at jobsite)....................................................................................................................................... 4 Hours
*Prevailing Wage (PW) California Labor Code §1720, et. Seq. add $40/hr.

TRAVEL
Subsistence (Per Diem)
Vehicle Mileage ...........

EQUIPMENT & MATERIALS
*Nuclear Density Gauge/Sand Cone Testing Equipment ............. $10/hr *Vehicle............................................................................................ $10/hr.
*Special Inspection Equipment........................................................ $5/hr.

Coring Machine (concrete, asphalt, masonry) .......................... $285/day
Generator..................................................................................... $105/day
Double Ring Infiltrometer............................................................ $135/day
GPSUnit...................................................................................... $175/day
Pick-up Truck.............................................................................. $150/day
Mobile Laboratory with Lab Technician .................................. $1,650/day
Drive -Tube Sampler..................................................................... $60/day
Hand-Auger.................................................................................. $50/day
Dynamic Cone Penetrometer.................................................... $250/day
Double Ring Infiltrometer........................................................... $200/day
Manometer................................................................................. $100/day
Schmidt Hammer....................................................................... $100/day
Regular Hourly Rate
...................... Quote
................. 0.75/mile
WaterBuffalo.................................................................................$75/ea.

Battery -Powered Pump..............................................................$100/day Water Level Indicator....................................................................$50/day Perforated 3" PVC Pipe............................................................... $25/1 Oft.

Gravel............................................................................................ $30/bag
Sand.............................................................................................$30/bag AC Cold Patch.............................................................................. $30/bag
Quick Set PCC Patch...................................................................$30/bag Temp Marking Paint.....................................................................$15/can Lath................................................................................................. $10/ea.

Air Compressor...........................................................................$150/day Soil Sample Tube..........................................................................$15/ea.

Percussion Hammer Drill...........................................................$125/day GEOCON WEST, INC • 41571 Corning Place, Suite 101, Murrieta, A 92562 www.geoconinc.com • 951.304.2300 • FAX 951.304.2392

Exhibit "B"
�7 GEOTECHNICAL
4CR) GEO,CO ENVIRONMENTAL
WEST, INC. 2022 Schedule of Fees — RV22 MATERIALS

LABORATORY TESTS IL

COMPACTION CURVES
(D698/D 1 557/T99/T 108) 4-inch mold ............................................... $220
(D698/D1557/T99/T108) 6-inch mold ............................................... $230
(CT 216) California Impact................................................................. $230
CheckPoint........................................................................................ $100
(D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ................. $150
(D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) ............ $50
(D1633/CT312) Soil Cement Comp. Strength (Set of 3) ................. $300
(D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) ......... $100

SOIL AND AGGREGATE STABILITY
(D2844/CT301) Resistance Value .................................................... $290
(D2844/CT301) Resistance Value, Treated ...................................... $295
(D1883) California Bearing Ratio ...................................................... $530
(C977) Stabilization Ability of Lime .................................................... $185
(D1883) Calif. Bearing Ratio (Army Corp of Engineers) ................. $105

CHEMICAL ANALYSIS
(G 1 87/CT643/T288) pH and Resistivity ............................................ $135
(D4972/T289) pH Only......................................................................... $30
(CT417) Sulfate Content.................................................................... $100
(CT422) Chloride Content.................................................................... $55
(D2974) Organic Content..................................................................... $50

PERMEABILITY, CONSOLIDATION AND EXPANSION
(D5084) Permeability, Flexible Wall .................................................. $270
(D5856) Permeability, Rigid Wall ...................................................... $260
(D2434) Permeability, Constant Head ............................................. $280
(D2434) Permeability, FHA Slab -on -Grade ...................................... $110
(D2434) Permeability, Hourly.............................................................. $55
(D2435/T216) Consolidation (6 pts. w/ Unload) ............................... $350
(D2435/T216) Consolidation Additional Point w/ Unload ................... $65
(D4546) Swell/Compression Testing & Density ................................ $120
(D4546) Swell/Settlement Testing & Density (ea. addl. pt.) ............. $85
(D4546) Swell/Settlement Testing & Density (County) .................... $100
(D4546) Swell/Settlement Testing & Density (FHA) .......................... $90
(D4829) Expansion Index of Soils ..................................................... $160

STEEL TESTING
Reinforcing Steel Tests:
(A370) Tensile Strength & Elongation
• #11 Bar & Smaller............................................................................. $100
• #14 Bar..............................................................................................$125 • #18 Bar (Proof Test)........................................................................ $125

SOIL AND AGGREGATE PROPERTIES
(D422/T88) Particle Size, Hydrometer w/out Sieve .......................... $165
(C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ................ $150
(C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash................$115 (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash...............$100 (Cl 17/D1140/T11) Materials Finer than#200....................................$90 (D2216fr265/CT226) Moisture Content..............................................$30 (D2487/D2488) Visual Soil Classification............................................$30 (D2937) Density of In -Place Soil, Drive-Cyl. Method ..........................$45 (D4943) Shrinkage Factors of Soils, Wax Method .............................. $55
(Cl 31/C535/CT211) L.A. Abrasion Resistance................................$200 (C142/T112) Clay Lumps and Friable Particles................................$170 (C123/T113) Light Weight Particles...................................................$245 (D3744/CT229/T210) Durability Index Fine......................................$190 (D3744/CT229/T210) Durability Index Coarse
$225
(CT227) Cleanness Value..................................................................$170 (D4791) Flat& Elongated Particles...................................................$165 (D693/CT205) Percent Crushed Particles.........................................$145 (D5821) Percent. of Fractured Particles, Coarse Aggregate ............ $140
(C40/CT213(f21) Organic Impurities .................................................. $75
(C235) Soft Hardness (Scratch Hardness)......................................$100 (C88/CT214/T104) Sulfate Soundness.............................................$410 (C1252/T304) Uncompact. Void Content, Fine Aggregate ..............$150 (C127/CT206IT85) Coarse Specific Gravity......................................$125 (C128/CT207/T84) Fine Specific Gravity .......................................... $150
(D854/CT209IT100) Specific Gravity of Soil.....................................$150 (C29/CT212/T19) Unit Weight & Percent Voids .................................. $90
(D2419/CT217/T176) Sand Equivalent.............................................$110 (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) ...............$165 (D4318/CT204/T89) Liquid Limit..........................................................$95 (D4318/CT204/T90) Plastic Limit.........................................................$95 (C330) Spec. for Lightweight Aggregates, Struc. Concrete ..........

Quote

SHEAR STRENGTH
(D2166) Unconfined Compression....................................................$100 (D3080/T236) Direct Shear (3 points) .............................................. $295
(D3080/T236) Remolded Direct Shear (3 points) ............................. $300
(D3080IT236) Direct Shear Addtl. Points/ea. residual pass.............$115 (D2850) Unconsolidated-Undrained Triaxial Shear ..........................$160 (D2580) Unconsolidated-Undrained Triaxial Staged ........................$160 (D4767) Consolidated-Undrained Triaxial Shear..............................$265 (D4767) Consolidated-Undrained Triaxial Staged............................$340 (EM1110) Consolidated -Drained Triaxial Shear...............................$375 (EM1110) Consolidated -Drained Triaxial Staged.............................$480 -2-

Exhibit "B"
-`- GEOCON
WEST, INC.

LABORATORY TESTS (CONTINUED)
(A370) Bend Test
2022 Schedule of Fees — RV22
• #11 Bar & Smaller.............................................................................. $50
• #14 & #18 Bar.................................................................................... $70
(A370) Tensile - Mechanically Spliced Bar
• #11 Bar & Smaller............................................................................ $150
• #14 Bar & Larger.............................................................................. $190
(A370) Tensile — Electric Resist. Butt Splice w/ Control ................... $150
(A370) Straightening of bar (if required) .............................................. $25
Structural Steel Tests:
• (A370) Machining & Prep of Test Specimen ......................

Cost + 20%
• (A370) Tensile Strength & Elongation
Up to 200,000 Ibs...................................................................... $100
200,000 — 300,000 Ibs.............................................................. $125
300,000 — 400,000 Ibs.............................................................. $150
Pre -stressing Wire & Tendon Tests:
• (A421) Tensile Strength, Single Wire .............................................. $150
• (A416) Tensile Strength, 7-Wire Strand .......................................... $175
High Strength Bolt, Nut, & Washer Tests:
• (A325/A490) Tensile Test on Bolts ................................................. $100
• (A563) Proof Load Test on Nuts ..................................................... $100
• (A325/A490) Hardness Test on Bolts ............................................... $50
• (A536) Hardness Test on Nuts.......................................................... $50
• (F436) Hardness Test on Washers ................................................... $50
Weld Specimen Tests:
• (E164) Ultrasonic Examination ......................................................Quote Machining & Prep of Test Specimen ...........................

Cost + 20%
• (E381) Macrotech Test (3 Faces) .................................................. $355

ASPHALT TESTING
Asphalt Properties:
• (D2726/CT308/T166) Bulk Spec. Gray., Compacted HMA........... $100
• (D1560/CT366) Stabilometer Value (HVEEM) .............................. $145
• (D2041) Theoretical Max Specific Gravity ...................................... $145
• (D5444) Sieve Analysis of Extracted Asphalt ................................. $150
• (D6307/CT382) Percent Asphalt, Ignition Method ......................... $150
• (D1188) Unit Weight of Asphalt Core ............................................... $65

MISCELLANEOUS TESTING SERVICES
• Emulsion........................................................................................... $300
• Wet Track Abrasion......................................................................... $175
Calibration of Hydraulic Ram:
• 100 Ton & Under.............................................................................. $200
• 101 Tons — 200 Tons....................................................................... $300
Use of Universal Testing Machine:
• UTM with One Operator.................................................................. $320
• Additional Technician ................................................Regular Tech Rate
MASONRY**
Concrete Block Test (Sets of 3 Reauired):

GEOTECHNICAL

ENVIRONMENTAL

MATERIALS
• (C140) Unit Weight Moisture Content & Absorption .......................$195 • (C140) Moisture Content/Absorption (ea. addtl. specimen) ............$65
• (C140) Compression Test................................................................$195 • (C140) Compression Test (ea. addfl. specimen).............................$65 • (C426) Linear Drying Shrinkage......................................................$285 • (C109/UBC 21-16) Mortar Cylinder (2"x4")......................................$30 • (C942) Grout Prism (3"x3"x6"), trimming included ............................$35 Masonry Prism (Assemblage
• (C1314) 8"x8"x16" — 8"x12"x16"..................................................... $200
• (C1314) 8"x16"x16"—10"x12"x16".................................................$225 •(Cl 314)12"A2"x16"-12"A6"x16.. ...............................................$250 • (C1314) Larger than 12"x16"x16.. ................................................

Quote
Brick Test (Set of 5 Specimens
• (C67) 24-Hour Absorption, Cold Water...........................................$225 • (C67) 5-Hour Absorption, Boiling Water..........................................$225 • (C67) Compression Test or Modulus of Rupture ............................ $255
• (C67) Each Additional Specimen......................................................$45 CONCRETE**
Mix Designs:
• (ACI211/ACI214) Concrete Mix Design..........................................$350 • (ACI211/ACI214) Review of Concrete Mix Design .........................$350 • (C192) Concrete Trial Mix (includes equipment & labor) ...............$495 Concrete Properties:
• (C39/CT521/T22) Comp. Strength, Concrete Cyl.............................$30 • (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core..............$60 • (C78/CT523) Flex. Strength of 6"x6"x21" Concrete Beam.............$165 • (C174) Length Measuring of Drilled Cores.......................................$75 • (C1140) Shotcrete Panel -Coring & Testing (Set of 3)....................$290 • (C1140) Shotcrete Panel (each addtl. specimen).............................$90 • (C496) Static Modulus of Elasticity..................................................$200 • (C496) Drying Shrinkage (Set of 3, up to 28 days).........................$395 • (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete .......... $95
• (F1869) Moisture Vapor Emission Rate, Concrete Subfloor............ $50
Spray Applied Fireproofing: *2X Surcharge on rush turn -around for laboratory testing. • (E605/E736) Fireproofing Oven Dry Density/Thickness...... $90 **Fee applies for sample storage, testing, or disposal. -3-

Exhibit "B"

GEOTECHNICAL
40'), G ,OC,ON ENVIRONMENTAL
WEST, INC. 2022 Schedule of Fees — RV22 MATERIALS

1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only and include reporting of routine results not calling for comments, recommendations or conclusions.

2. Sampling and testing are conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.

3. Saturday, night work, and overtime hours are charged at time and one-half,• Sundays and holidays at double time. Per diem is based on the local costs per day when location of work dictates.

4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein.

5. Invoices will be submitted at four -week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent, and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule. -4-

FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND LEIGHTON CONSULTING, INC.

GEOTECHNICAL AND MATERIALS TESTING SERVICES
THIS FIRST AMENDMENT is made and entered into as of May 24, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Leighton Consulting, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

The parties now desire to amend the Agreement as set forth in this Amendment.

2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney
Leighton Consulting, Inc.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

Thomas C. Benson, P
By.

Terrance M. Brennan, CFO

CONSULTANT
Leighton Consulting, Inc.

Attn: Robert Riha
41715 Enterprise Circle N. Suite 103
Temecula, CA 92590-5661
_ (951) 296-0530
[email protected]
A a r.or z
and CEO
City Purchasing Mgr.

Initials and
Date:
08/09/2021

Attachment "A"
Exhibit "B"
fllv Lei g hton TEMECULA ON -CALL 2022
2022 PROFESSIONAL FEE SCHEDULE

LABOR RATES

CLASSIFICATION
$/HR
CLASSIFICATION $/HR
Technician I.................................................................................................... 85 Project Administrator/Word Processor/Dispatcher........................................ 77 Technician II / Special Inspector.................................................................... 94 Information Specialist.................................................................................. 113
Senior Technician / Senior Special Inspector .............................................. 110
CAD Operator.............................................................................................. 131
Prevailing Wage (field soils / materials tester) *.......................................... 143
GIS Specialist.............................................................................................. 131
Prevailing Wage (Special Inspector)*......................................................... 146
GIS Analyst................................................................................................. 153
Prevailing Wage (On site Source Inspector, NDT and soil remediation Staff Engineer / Geologist / Scientist........................................................... 143
O&M)*...................................................................................................... 150
Senior Staff Engineer / Geologist / Scientist / ASMR.................................. 156
System Operation & Maintenance (0&M) Specialist ................................... 139
Operations / Laboratory Manager................................................................ 171
Non Destructive Testing (NDT).................................................................... 146
Project Engineer / Geologist / Scientist....................................................... 180
Deputy Inspector......................................................................................... 110
Senior Project Engineer / Geologist / Scientist / SMR ................................. 198
Field / Laboratory Supervisor...................................................................... 139
Associate ..................................................................................................... 221
SourceInspector......................................................................................... 126
Principal....................................................................................................... 243
City of Los Angeles Deputy Building (including Grading) Inspector ............ 149
Senior Principal........................................................................................... 293
* See Prevailing Wages in Terms and Conditions

GEOTECHNICAL LABORATORY TESTING
METHOD $/TEST

CLASSIFICATION & INDEX PROPERTIES
Photographof sample....................................................................................10 Moisture content (ASTM D2216)........................................................................20 Moisture & density (ASTM D2937) ring samples................................................30 Moisture & density (ASTM D2937) Shelby tube or cutting.................................40 Atterberg limits 3 points (ASTM D4318):..........................................................150 - Single point, non-plastic............................................................................85 - Atterberg limits (organic ASTM D2487 / D4318).............................................180 - Visual classification as non -plastic (ASTM D2488).......................................10 Particlesize: ....................................................................................................... - Sieve only 1'/2 inch to #200 (AASHTO T27/ASTM C136/ASTM D6913/CTM 202)...135 - Large sieve 6 inch to #200 (AASHTOT271ASTM C136/ASTM D6913/CTM 202)...175 - Hydrometer only (ASTM D7928)................................................................110 - Sieve + hydrometer www.Ieightongroup.com Page 1 of 4

Al., Leighton
METHOD $/TEST
Exhibit "B"

FEE SCHEDULE
METHOD $/TEST

TRIAXIAL TESTS
Unconfined compression strength of cohesive soil (with stress/strain plot, ASTMD2166)..................................................................................................................135 Unconsolidated undrained triaxial compression test on cohesive soils (UU, ASTM D2850, USACE Q test, per confining stress)..........................................170 Consolidated undrained triaxial compression test for cohesive soils, (CU, ASTM D4767, USACE R-bar test) with back pressure saturation & pore water pressure measurement (per confining stress) ........................................ 375
Consolidated drained triaxial compression test (CD, USACE S), with volume change measurement. Price per soil type below EM 1110-2-1906(X):

Sand or silty sand soils (per confining stress).........................................375 Silt or clayey sand soils (per confining stress)........................................500 Clay soils (per confining stress)..............................................................705 Three -stage triaxial (sand or silty sand soils)..........................................655 Three -stage triaxial (silt or clayey sand soils).........................................875 Three -stage triaxial (clay soils).............................................................1,235 Remolding of test specimens....................................................................65

HYDRAULIC CONDUCTIVITY TESTS
Triaxial permeability in flexible -wall permeameter with backpressure saturation at one effective stress
(EPA 9100/ASTM D5084, falling head Method C):................................................310 Each additional effective stress....................................................................120 Hand trimming of soil samples for horizontal K..............................................60 Remolding of test specimens.........................................................................65 Permeability of granular soils (ASTM D2434)..................................................135 Soil suction (filter paper method, ASTM D5298)....................................................400

SOIL -CEMENT
Moisture -density curve for soil -cement mixtures (ASTM D558).......................240 Wet -dry durability of soil -cement mixtures (ASTM D559)'...........................1,205 Compressive strength of molded soil -cement cylinder (ASTM D1633)' .............60 Soil -cement remolded specimen (for shear strength, consolidation, etc.) I ............235 Compaction (ASTM D558 maximum density) should also be performed — not included in above price

CONSTRUCTION MATERIALS LABORATORY TESTING
METHOD $/TEST

CONCRETE STRENGTH CHARACTERISTICS
Concrete cylinders compression (ASTM C39) (6" x 12" and 4" x 8") ................35 Compression, concrete or masonry cores (testing only) :56 inch (ASTM C42)......40 Trimming concrete cores (per core)...............................................................20 Flexural strength of concrete (simple beam-3rd pt. loading, ASTM C78/CTM 523).....85 Flexural strength of concrete (simple beam -center pt. loading, ASTM C293/CTM 523)...85 Non shrink grout cubes (2 inch, ASTM C109/C1107)............................................25 Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) ...........400 Length of concrete cores (CTM 531).................................................................40

HOT MIX ASPHALT (HMA)
Resistance of compacted HMA to moisture -induced damage (AASHTO T283/CTM 371)........................................................................... 2,100
Hamburg Wheel, 4 briquettes (modified) (AASHTO T324)...............................900 Superpave gyratory compaction (AASHTO T312/ASTM D6925) .........................350 Extraction by ignition oven, percent asphalt
(AASHTO T308/ASTM D6307/CTM 382)............................................................150 Ignition oven correction/correlation values
(AASHTO T308/ASTM D6307/CTM 382).........................................................1,350 Extraction by centrifuge, percent asphalt (ASTM D2172)................................150 Gradation of extracted aggregate (AASHTO T30/ASTM D5444/CTM 202)............135 Stabilometer, S-Value (ASTM D1560/CTM 366).................................................265 Bituminous mixture preparation (AASHTO R30/CTM 304)...................................80 Moisture content of HMA (AASHTO T329/ASTM D6037/CTM 370) .........................60 Bulk specific gravity of compacted HMA, molded specimen or cores, uncoated (AASHTO T166/ASTM D2726/CTM 308)..............................................50 Bulk specific gravity of compacted HMA, molded specimen or cores, paraffin -coated (AASHTO T275/ASTM D1188/CTM 308).....................................55 Maximum density - Hveem (CTM 308)............................................................200 Theoretical maximum density and specific gravity of HMA (AASHTO T209/ ASTM D2041/CTM 309).................................................................................130 Thickness or height of compacted bituminous paving mixture specimens (ASTM D3549)...............................................................................................40 Wet track abrasion of slurry seal (ASTM D3910).............................................150 Rubberized asphalt (add to above rates)........................................................+25% BRICK
Compression - cost for each, 5 required (ASTM C67).......................................50 Absorption - cost for each, 5 required (ASTM C67)...........................................50 METHOD $/TEST

AGGREGATE PROPERTIES
Bulk density and voids in aggregates (AASHTO T19/ASTM C29/ CTM 212) ............50 Organic impurities in fine aggregate sand (AASHTO T21/ASTM C401CTM 213)....60 LA Rattler -smaller coarse aggregate 8" x 8" x 16"(ASTM C1314) .............250

BEARING PADS/PLATES AND JOINT SEAL
Elastomeric bearing pads (Caltrans SS 51-3)...................................................990 Elastomeric bearing pad with hardness and compression tests (Caltrans SS 51-3)......................................................................................1,230 Type A Joint Seals (Caltrans SS 51-2)...........................................................1,620 Type B Joint Seals (Caltrans SS 51-2)...........................................................1,530 Bearing plates(A536).....................................................................................720 Fee/2022 - X www.leightongroup.com Page 2 of 4

Al., Leighton
Exhibit "B"

FEE SCHEDULE
METHOD $/TEST

REINFORCING STEEL AND PRESTRESSING STRANDS
Rebar tensile test, _ No. 14 & over (ASTM A370)...........................................200 Rebar bend test, up to No. 11 (ASTM A370)......................................................65 Rebar bend test, >_ No. 14 & over (ASTM A370)..............................................200 Resistance butt -welded hoops/bars, tensile test, _ No. 11 & over (CTM 670)...85 Mechanical rebar splice, tensile test, _ No. 14 & over (CTM 670)..................200 Mechanical rebar splice, slip test, >_ No. 14 & over (CTM 670).......................200 Headed rebar splice, tensile test, _ No. 14 & over (CTM 670) .......................200 Epoxy coated rebar/dowel film thickness (coating) test (ASTM A775/A934)....... 45 Epoxy coated rebar/dowel continuity (Holiday) test (ASTM A775/A934).............65 Epoxy coated rebar flexibility/bend test, up to No. 11 (ASTM A775/A934).......... 45 Prestressing wire, tension (ASTM A416).........................................................175 Sample preparation (cutting).........................................................................50 METHOD $/TEST

STREET LIGHTS/SIGNALS
LED Luminaires / Signal Modules / Countdown Pedestrian Signal Face Modules (Caltrans RSS 86)........................................................................1,300

SPRAY APPLIED FIREPROOFING
Unit weight (density, ASTM E605)........................................................................60

FASTENERS / BOLTS / RODS
F3125 GRA307, A325 Bolts, tensile test, www.leightongroup.com Page 3 of 4

Al., Leighton
Exhibit "B"

FEE SCHEDULE

TERMS AND CONDITIONS
• Expiration: This fee schedule is effective through • Invoicing: Invoices are rendered monthly, payable December 31, 2022 after which remaining work will upon receipt in United States dollars. A service be billed at then -current rates. charge of 1'/2-percent per month will be charged for • Proposal Expiration: Proposals are valid for at late payment. least 30 days, subject to change after 30 days;
unless otherwise stated in an attached proposal.
• Prevailing Wages: Our fees for prevailing wage
work are based upon California prevailing wage
laws and wage determinations. Unless specifically
indicated in our proposal, costs for apprentice
are not included. If we are required to have an
apprentice on your project, additional fees will be
charged.
• Overtime: Standard overtime rate is per California
Labor Law and is billed at 1.5 or 2 times their
hourly billing rate. Overtime rate for non-exempt
field personnel working on a Leighton observed
holiday is billed at 2 times their hourly billing rate.

Overtime rate for Prevailing wage work is per the
California Department of Industrial Relations (DIR)
determination and is multiplied at 1.5 to 2 times
their hourly billing rate for overtime and double-
time, respectively.
• Expert Witness Time: Expert witness deposition
and testimony will be charged at 2 times hourly
rates listed on the previous pages, with a minimum
charge of four hours per day.
• Minimum Field Hourly Charges: For Field
Technicians, Special Inspectors or any on -site
(field)materialstestingservices:
4 hours: 4-hour minimum charge up firki the
four hours of work
8 hours: 8-hour minimum charge for over four
hours of work, up to eight hours.

Project time accrued includes portal to portal
travel time.
• Outside Direct Costs: Heavy equipment,
subcontractor fees and expenses, project -specific
permits and/or licenses, project -specific
supplemental insurance, travel, subsistence,
project-specifi c parking charges, shipping,
reproduction, and other reimbursable expenses
will be invoiced at cost plus 20%, unless billed
directly to and paid by client.
• Client Disclosures: Client agrees to provide all
information in Client's possession about actual or
possible presence of buried utilities and hazardous
materials on the project site, prior to fieldwork,
and agrees to reimburse Leighton for all costs
related to unanticipated discovery of utilities and/or
hazardous materials. Client is also responsible for
providing safe and legal access to the project site
for all Leighton field personnel.
• Earth Material Samples: Quoted testing unit
rates are for soil and/or rock (earth) samples
free of hazardous materials. Additional costs will
accrue beyond these standard testing unit rates
for handling, testing and/or disposing of soil and/or
rock containing hazardous materials. Hazardous
materials will be returned to the site or the site
owner's designated representative at additional
cost not included in listed unit rates. Standard
turn -around time for geotechnical-laboratory test
results is 10 working days. Samples will be stored
for 2 months, after which they will be discarded.

Prior documented notification is required if samples
need to be stored for a longer time. A monthly
storage fee of $10 per bag and $5 per sleeve or
tube will be applied. Quoted unit rates are only
for earth materials sampled in the United States.

There may be additional cost for handling imported
samples.
• Construction Material Samples: After all
designated 28-day breaks for a given sample
set meet specified compressive or other client -
designated strength, all "hold" cylinders or
specimens will be automatically disposed of,
unless specified in writing prior to the 28-day break.

All other construction materials will be disposed of
after completion of testing and reporting.

Fee/2022- X www.Ieightongroup.com Page 4 of 4

FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND MTGL, INC.

GEOTECHNICAL AND MATERIALS TESTING SERVICES
THIS FIRST AMENDMENT is made and entered into as of May 24, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and MTGL, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA MTGL, Inc.
(Two Signatures of corporate officers required unless corporate documents authorize only on person to sign the agreement on behalf of the corporation.)
By: By:

Matt Rahn, Mayor Michelle EI iott, CEO
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney
By:

Steven Koch, Senior Vice President

CONSULTANT
MTGL, Inc.

Attn: Steven Koch
14467 Meridian Parkway, Bldg. 2A
Riverside, CA 92806
(951) 653-4999 ext. 2114
[email protected]
City Purchasing Mgr.

Initials and
Date: ']
08/09/2021

MTGL Fee Schedule for Prevailing Wages
Attachment "A"
Exhibit "B"

PROFESSIONAL SERVICES
UNIT
RATE
Staff Engineer / Geologist
HR
$
115.00
Project Manager/Engineer/Geologist
HR
$
130.00
Principal Engineer/Geologist
HR
$
175.00
Draftsperson
HR
$

70.00 Administrative (Per Monthly Invoice)
5%
Certified Payroll (Per Pay Period)
$

95.00 FIELD INSPECTION PERSONNEL
UNIT
RATE
ICC Special Inspector
HR
$ 105.00
Soils/Asphalt Technician
HR
$ 105.00
AWS/CWI Welding Inspector
HR
$ 105.00
NDT Technician
HR
$ 145.00
Field/Lab Supervisor
HR
$ 115.00
DSA Masonry/Shotcrete Inspector
HR
$ 125.00
L.A. Deputy Grading Inspector
HR
$ 125.00
L.A. City Special Inspector
HR
$ 115.00
Multi -Certified Inspector
HR
$ 115.00
Pull I Torque Testing Technician
HR
$ 105.00
Batch Plant (Concrete or Asphalt) Technician
HR
$ 105.00
Floor Flatness / Levelness (Inc. Equipment)
DAY
$ 1,500.00
Prestressed/Post Tensioned Inspector
HR
$ 105.00
Concrete, Masonry, Asphalt Coring or Sawing
QUOTE
Travel Time
HR
Tech Rate
Mileage
MILE
$ 0.58

LAB TESTING - SOIL
UNIT
RATE
D422 Hydrometer Analysis
EACH
$ 175.00
D422 Sieve Analysis of Soil
EACH
$ 200.00
D558 Soil Cement - Maximum Density
EACH
$ 300.00
D559 Soil Cement - Sample Preparation
EACH
$ 100.00
D854 Specific Gravity of Soils
EACH
$ 125.00
D1140 Materials Finer than #200 (Sieve)
EACH
$ 60.00
D1557 Maximum Density
EACH
$ 290.00
D1883 California Bearing Ratio (CBR)
EACH
QUOTE
D2216 Soil Moisture Content by Mass
EACH
$ 25.00
D2419 Sand Equivalent
EACH
$ 110.00
D2434 Permeability
EACH
QUOTE
D2435 Consolidation
EACH
$ 225.00
D2435 Consolidation with Time Rate
EACH
$ 275.00
D2844 R-Value & Expansive Pressures
3 Points
$ 250.00
D2937 Moisture & Density (Ring Samples)
EACH
$ 30.00
D3080 Direct Shear
EACH
$ 200.00
D4318 Plasticity Index of Soils
EACH
$ 145.00
D4829 Expansion Index of Soils
EACH
$ 135.00
CT 216 CA Impact Max Density
EACH
$ 225.00
CT 216 CA Impact Rock Correction
EACH
$ 95.00

LABTESTING- AGGREGATES
UNIT
RATE
C40 Organic Impurities in Fine Agg
EACH
$ 95.00
C88 Soundness by Sodium Sulfate
EACH
$ 315.00
C123 Percent Lightweight Particles
EACH
$ 215.00
C127 Specific Gravity (Coarse Agg)
EACH
$ 130.00
C128 Specific Gravity (Fine Agg)
EACH
$ 150.00
C131 Abrasion - Los Angeles Rattler
EACH
$ 235.00
C136 Sieve Analysis (Combined Agg)
EACH
$ 130.00
C136 Sieve Analysis (Fine or Coarse Agg)
EACH
$ 110.00
C142 Clay Lumps & Friable Particles
EACH
$ 135.00
C535 Abrasion (Large Agg) - Los Angeles Rattler
EACH
$ 235.00
C566 Moisture Content by Drying
EACH
$

25.00 CT 227 Cleanness Value
EACH
$
230.00
D3744 Durability Index
EACH
$
180.00
D5821 Flat & Elongated Particles
EACH
$
200.00
T335 Crushed Particles
EACH
$
170.00
LAB TESTING - Misc.

UNIT
RATE
C67 Roofing Tile Absorption
EACH
$

60.00 C67 Roofing Tile Strength Test
EACH
$

60.00 Sample Pickup Charges
UNIT
RATE
Pick up Sample Trip Charge (2hr Minimum)
HR
$

50.00 Weekend Sample Pick Up Charge (2hr Minimum)
HR
$

80.00 LAB TESTING - CONCRETE
UNIT
RATE
C39 Compressive Strength - Concrete Cylinders (6" x 12") EACH
$ 35.00
C39 Compressive Strength - Cores (6" Max. Diameter)
EACH
$ 55.00
C78 Flexural Strength - Beams (6" x 6")
EACH
$ 60.00
C157 Concrete Shrinkage (Set of 3)
SET
$ 350.00
C174 Handling Charge - Cylinders Not Broken/Hold
EACH
$ 10.00
C192 Concrete Trial Batch w/ Lab Testing
EACH
$ 1,100.00
C469 Modulus of Elasticity EACH $ 150.00
C495 Comp. Strength - Lightweight Concrete Fill EACH $ 45.00 Handling Charge - Beams Not Broken/Hold
EACH
$ 50.00
C496 Tensile Strength, Splitting
EACH
$ 75.00
C567 Unit Weight (Hardened Lightweight Concrete)
EACH
$ 50.00
C1140 Shotcrete Panel Test
EACH
$ 300.00
Core Trimming (In Laboratory)
EACH
$ 55.00

LAB TESTING - ASPHALT
UNIT
RATE
D1188 Core Density Parafilm Coated
EACH
$ 85.00
D1560Stabilometer-HVEEM
EACH
$ 290.00
D1561 Max Density - HVEEM
EACH
$ 195.00
D2172 Asphalt Content by Solvents
EACH
$ 250.00
D3910 Wet Track Abrasion
EACH
$ 195.00
D5444 Gradation of Extracted Agg
EACH
$ 275.00
D6307 Asphalt Content by Ignition
EACH
$ 245.00
D6926 Max Density - Marshall
EACH
$ 295.00
D6927 Stability and Flow - Marshall
EACH
$ 375.00
T209/D2041 Theoretical Maximum Density EACH $ 150.00
T324 Hamburg Wheel EACH $ 11000.00
CT 370 Moisture Content EACH $ 70.00

LAB TESTING - MASONRY
UNIT
RATE
C109 Mortar - 2" Cube Compressive Strength
EACH
$ 40.00
C140 Block - Compressive Strength
EACH
$ 75.00
C140 Block - Moisture & Absorption
EACH
$ 80.00
C140 Block - Unit Weight & Measurements
EACH
$ 275.00
C426Block - Linear Shrinkage
EACH
$ 180.00
C780 Mortar - (2" x 4") Cylinders Comp. Strength
EACH
$ 35.00
C1019 Grout Prisms - Compressive Strength
EACH
$ 35.00
Handling Charge (Cylinders/Cubes/Prisms) Not Broken/Holds EACH
$ 75.00
C1314 CMU Grouted Prisms - Comp. Strength ( 8" x 8" x 16") EACH
$ 245.00
C67 Brick - Boil
EACH
$ 90.00
C67 Brick - Compressive Strength
EACH
$ 50.00
C67 Brick - Moisture & Absorption
EACH
$ 85.00

LAB TESTING - STEEL
UNIT
RATE
Steel Chemical Analysis/AWS Weld:Macroetch/Fracture/Bend Test EACH
QUOTE
A325 High Strength Bolt, Nut & Washer Conformance (Per Assembly) EACH
$ 180.00
A370 Brinell & Rockwell Hardness Test
EACH
$ 80.00
A370 Nelson Stud Tensile
EACH
$ 195.00
A370 Rebar Bend & Tensile Test No. 11 Bar & Smaller
EACH
$ 45.00
A615/706 Bend Test No. 11 Bar and Smaller
EACH
$ 60.00
A615/706 Tensile No. 11 Bar and Smaller
EACH
$ 65.00
A615/706 Tensile No. 14 Bar and Larger
EACH
QUOTE
A416 Prestressing Wire, Tension
EACH
$ 170.00
Sample Preparation (Cutting)
EACH
$ 80.00
A416 Prestressing Cable (7 Wire) - Yield & Tensile
EACH
$ 170.00
E605 Fireproofing Unit Weight
EACH
$ 60.00

EQUIPMENT CHARGES
UNIT
RATE
Air Meter
DAY
$ 30.00
Dye Penetrant Equipment
DAY
$ 50.00
Emissivity Test Kit
EACH
$ 50.00
Ground Rod Equipment
DAY
$ 50.00
Jacking Assembly
DAY
$ 65.00
Magnetic Particle Equipment
DAY
$ 50.00
Nuclear Density Gauge
DAY
$ 70.00
Pachometer
DAY
$ 55.00
Sand Cone Kit
DAY
$ 50.00
Schmidt Hammer
DAY
$ 45.00
Skidmore -Wilhelm Bolt Cell
DAY
$ 65.00
Torque Wrench
DAY
$ 50.00
Ultrasonic Equipment
DAY
$ 45.00
Outside Services
Cost +20%

Item No. 12

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 24, 2022
SUBJECT: Approve First Amendments to Annual Professional Services Agreements for Property Acquisition Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024 PREPARED BY: Amer Attar, Engineering Manager
Jenny McConville, Senior Office Specialist
RECOMMENDATION: That the City Council approve the first amendments to annual professional services agreements for property acquisition services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024, as follows:

Overland, Pacific & Cutler, LLC
Property Acquisition
First Amendment
Services
$300,000 total term
Paragon Partners Consultants, Inc.

Property Acquisition
First Amendment
Services
$300,000 total term
BACKGROUND: On July 23, 2019, the City Council approved the Professional Services Agreement for Property Acquisition Services with Paragon Partners Consultants, Inc. On September 10, 2019, the City Council approved the Professional Services Agreement for Property Acquisition Services with Overland, Pacific & Cutler, LLC. Each Agreement covers a period of five years, fiscal years 2020-2024, for an amount not to exceed $60,000 each fiscal year, for a total agreement amount of $300,000.

Each firm is currently providing property acquisition services on a variety of CIP projects for the Public Works Department, and as a result, we have nearly exhausted the current fiscal year 2021- 22 allowance of $60,000. As such, staff needs to amend each agreement to exclude the annual fixed amount of $60,000 per fiscal year to avoid delays to ongoing projects. These Amendments will amend the Payment Terms to allow for a total Agreement value, removing the annual allowance that is currently limited to $60,000 per fiscal year. The original term of the Agreements will remain unchanged and will be in effect through June 30, 2024, unless otherwise amended in the future. All firms have provided updated Schedule of Hourly Billing Rates for the forthcoming FY2022/23, included as an attachment to each Amendment.

ATTACHMENTS: 1. Overland, Pacific & Cutler, LLC - First Amendment

2. Paragon Partners Consultants, Inc. - First Amendment

FIRST AMENDMENT TO AGREEMENT BETWEEN

CITY OF TEMECULA AND OVERLAND, PACIFIC & CUTLER, LLC

PROPERTY ACQUISITION SERVICES
THIS FIRST AMENDMENT is made and entered into as of May 24, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Overland, Pacific & Cutler, LLC, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

This Amendment is made with the respect to the following facts and purposes:
a. On September 10, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Property Acquisition Services, in the amount of $60,000.00 each fiscal year, for a total Agreement amount of $300,000.00.

The parties now desire to amend the Agreement as set forth in this Amendment.

2. Section 6 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 terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00) for the total term of this agreement, unless additional payment is approved as provided in this agreement.

4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By:

Rand! Johl, City Clerk
APPROVED AS TO FORM:

By:

Overland, Pacific & Cutler, LLC
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
_ By: fG.

Brian Ever tt, CEO
By:

Peter M. Thorson, City Attorney CONSULTANT
Overland, Pacific & Cutler, LLC
Attn: Victoria Cook
2280 Market Street, Suite 200
Riverside, CA 92501
951 801-6816
vcook [email protected]
City Purchasing Mgr.

Initials and
Date: Iti
08/09/2021

Attachment "A"
Exhibit "B"
OPC Schedule of Hourly Rates
Management & Implementation
Senior Director $250.00
Program Manager / Director $200.00
Senior Project Manager $165.00
Project Manager / Project Controls Manager $150.00
Senior Agent / Senior Analyst / Project Coordinator $135.00 Agent / Analyst $120.00
Relocation Specialist $105.00
Utility Coordination
Senior Utility Manager $200.00
Utility Manager $165.00
Senior Utility Coordinator
$150.00
Utility Coordinator
$135.00
Right of Way Engineering
Project Engineer (PE)
$225.00
Survey Manager (PLS)
$200.00
Senior ROW Engineering / Survey Analyst
$150.00
GIS / CADD Analyst $120.00
Real Estate Appraisal
Valuation Director / Managing Director $275.00
Valuation Manager
Senior Valuation Analyst
Valuation Analyst
$250.00
$225.00
$150.00
Assistant Valuation Analyst $120.00
Property Management/Property Services
Property Management Supervisor $165.00
Property Manager
Property Services Supervisor
Community Liaison
$135.00
$135.00
$120.00
Project Support/Administrative
Project Support Specialist $90.00
Enhancing Lives Through Infrastructure
www.OPCservices.com
0PC

1;�OAO 0 P C
Enhancing Lives Through Infrastructure

OVERLAND, PACIFIC & CUTLER, LLC
(a Delaware Limited Liability Company)
Resolution by Unanimous Written Consent of the Board of Managers A Resolution to assign client proposal and client contract signing authority The undersigned, being all of the members of the Board of Managers (the `Board") of Overland, Pacific & Cutler, LLC, a Delaware limited liability company (the "Company"), acting pursuant to Section 18- 404(d) of the Delaware Limited Liability Company Act and Section 5.5 (f) of the Limited Liability Company Agreement of the Company (the "LLC Agreement"), DO HEREBY CONSENT to the taking of the following actions by unanimous written consent in lieu of a meeting and DO HEREBY ADOPT the following resolutions which will have the same effect as if such actions were taken and such resolutions were adopted a meeting of the Board:

Actions pursuant to Article 5, Section 5.1 of the Operating Ageement WHEREAS the LLC Agreement authorizes the Board to conduct, direct and exercise full control over all activities of the Company, and gives the Board all management powers over the business and affairs of the Company;
RESOLVED that the following individuals are duly authorized to approve and sign proposals up to the limit shown below and are duly authorized to bind the company by approving and signing client contracts up to the limit shown below.

Title
Client Proposal & Client
Contracts
Sub Consultant Contracts
CEO
Over $1 million
Over $1 million
CBDO
Up to $1 million
Up to $1 million
CFO
Up to $1 million
Up to $1 million
Senior Vice President
Up to $1 million
Up to $100,000
Director
Up to $250,000
Up to $100,000
Regional Manager
Up to $250,000
Up to $100,000
Program Director
Up to $250,000
Up to $100,000
Program Manager
Up to $100,000
Up to $100,000
Senior Project Manager
Up to $100,000
Up to $25,000
Up to $25,000
Project Manager
Up to $25,000
members of the Board of ag have executed this
Ray Armstrong, Manager

FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND PARAGON PARTNERS CONSULTANTS, INC.

PROPERTY ACQUISITION SERVICES
THIS FIRST AMENDMENT is made and entered into as of May 24, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Paragon Partners Consultants, 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 July 23, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Property Acquisition Services, in the amount of $60,000.00 each fiscal year for a total Agreement amount not to exceed $300,000.00.

The parties now desire to amend the Agreement as set forth in this Ur, 1-TRR11-i

2. All sections of the Agreement that refer to the Consultant as "Paragon Partners, Ltd." shall be changed to "Paragon Partners Consultants, Inc.", pursuant to the name and ownership change of said company on January 25, 2022.

3. The Consultant shall furnish certificates of insurance and an IRS W-9 form pursuant to the terms and conditions set forth in the Agreement pursuant to the name and ownership change of said company. Letter informing Company Name Change and Ownership is set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full.

4. Section 6 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 terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00) for the total term of this agreement, unless additional payment is approved as provided in this agreement.

5. The Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "B" to this Amendment, which is attached hereto and incorporated herein as though set forth in full.

6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA Paragon Partners Consultants, Inc.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: By: A�LaVa�lle,
Matt Rahn, Mayor Neresident
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney CONSULTANT
Paragon Partners Consultants, Inc.

Attn: Neilia LaValle
5660 Katella Ave., Suite 100
Cypress, CA 90630
714 379-3376
[email protected]
City Purchasing Mgr.

Initials d
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Date: A
08/09/2021

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S&DC-S/N
Statement and Designation by
Foreign Corporation
IMPORTANT — Read Instructions before completing this form.

Must be submitted with a current Certificate of Good Standing issued by the government agency where the corporation was formed. See Instructions.

Filing Fee — $100.00 (for a foreign stock corporation) or $30.00 (for a foreign nonprofit corporation)
Copy Fees — First page $1.00; each attachment page $0.50; Certification Fee - $5.00
Note: Corporations may have to pay minimum $800 tax to the California Franchise Tax Board each year. For more information, go to ftb.ca.gov. a I I a
1 Secretary of State
State of California
4841382
Filing Number
01/25/2022
Filing Date
This Space For Office Use Only

2. Jurisdiction (State, foreign country or place

1. Corporate Name (Go to www.sos.ca.gov/business/be/name-reservations where this corporation is formed - must match for general corporate name requirements and restrictions.) the Certificate of Good Standing provided.) Paragon Partners Consultants, Inc.

Delaware

3. Business Addresses (Enter the complete business addresses. Items 3a and 3b cannot be a P.O. Box or "in care of an individual or entity.) a. Initial Street Address of Principal Executive Office - Do not enter a P.O. Box City (no abbreviations)
State
Zip Code
2245 Texas Drive, Suite 200
Sugar Land
TX
77479
b. Street Address of Principal Office in California, if any - Do not enter a P.O. Box City (no abbreviations)
State
Zip Code
5660 Katella Ave., Suite 100
Cypress
CA
90630
c. Mailing Address of Principal Executive Office, if different than item 3a City (no abbreviations)
State
Zip Code

4. Service of Process (Must provide either Individual OR Corporation.) INDIVIDUAL — Complete Items 4a and 4b only. Must include agent's full name and California street address. a. California Agent's First Name (if agent is not a corporation) Middle Name
Last Name
Suffix
b. Street Address (if agent is not a corporation) - Do not enter a P.O. Box City (no abbreviations)
State
CA
Zip Code
CORPORATION — Complete Item 4c. Only include the name of the registered agent Corporation. c. California Registered Corporate Agent's Name (if agent is a corporation) — Do not complete Item 4a or 41b C T CORPORATION SYSTEM (C0168406)

5. Read and Sign Below (See instructions. Office or title not required.) I am a corporate officer and am authorized to sign on behalf of the foreign corporation. .:_ t�,
Si t e
Kevin Romito
Type or Print Name
S&DC-S/N (REV 12/2020)
2020 California Secretary of State
bizfile.sos.ca.gov

4841382
Delaware Page 1
The First State
1, JEFFREY W . BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "PARAGON PARTNERS CONSULTANTS, INC." IS

DULY INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN

GOOD STANDING AND HAS A LEGAL CORPORATE EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE TWENTY—FIFTH DAY OF JANUARY, A.D. 2022.

AND I DO HEREBY FURTHER CERTIFY THAT THE FRANCHISE TAXES HAVE BEEN PAID TO DATE.
6048329 8300
SR# 20220240861
You may verify this certificate online at corp.delaware.gov/authver.shtml W2 :L ,
rlrvy W 9Wiix■ StTMvy W StMo
Authentication: 202479909
Date: 01-25-22

State of California
Secretary of State
Certificate of Qualification
I, SHIRLEY N. WEBER, Ph.D., Secretary of State of the State of California, hereby certify:

Entity Name: PARAGON PARTNERS CONSULTANTS, INC.

File Number: 4841382
Registration Date: 01/25/2022
Entity Type: FOREIGN CORPORATION
Jurisdiction: DELAWARE
The above referenced entity complied with the requirements of California law in effect on the Registration Date for the purpose of qualifying to transact intrastate business in the State of California, and that as of the Registration Date, said entity became and now is qualified and authorized to transact intrastate business in the State of California, subject however, to any licensing requirements otherwise imposed by the laws of this State and that the entity shall transact all intrastate business within California under the Entity Name as set forth above.

IN WITNESS WHEREOF, I execute this
certificate and affix the Great Seal of the State
of California this day of February 2, 2022.

SHIRLEY N. WEBER, Ph.D.

Secretary of State
NP-25 (REV 0 11202 1) KGC

Attachment "B"
Exhibit "B"

PARAGON

PARTNERS
City of Temecula
Paragon Partners I Pricing Schedule

ACOUISITION & RELOCATION FEES
TASK��

QUANTITY

FEE RANGE

ACQUISITION

QUANTITY

FEE RANGE
Residential
ea
$2,500.00 $3,500.00
Commercial
ea
$3,500.00 $6,000.00
Difficult Commercial/Industrial
ea
$6,000.00 $12,000.00
Tenant Acquisition
ea
$1,850.00 $2,500.00
Land Only Acquisitions
ea
$2,000.00 $3,000.00
Part -take Acquisitions
ea
$2,500.00 $3,500.00
Part -take Acquisitions (severance damage issues)
ea
$3,500.00 $4,500.00

RELOCATION

QUANTITY

FEE RANGE
Replacement Housing Plan
ea
$1,000.00 $2,500.00
Relocation Plan
ea
$1200+$95 per interview $2000+$95 per interview
Residential Relocations
ea
$2,500.00 $3,500.00
ITemporary Residential Relocations
ea
$2,200.00 $2,800.00
Common Commercial/Industrial Relocations
ea
$5,000.00 $7,500.00
Industrial Relocations
ea
$10,000.00 TBD by level of complexity

SUB -CONSULTANT FEES
��7 QUANTITY FEE RANGE
SURVEY
* Please see attached hourly rates from our sub -consultant survey team

PRELIMINARY TITLE REPORTS

QUANTITY

FEE RANGE
Single Family Residential
ea
$450.00 $550.00
Commercial/Industrial
ea
$550.00 $750.00
Utility Owned
ea
$750.00 $1,000.00
Municipal: City, County, State, Federal
ea
$700.00 $1,500.00
Railroad
ea
$1,500.00 $2,000.00

REAL PROPERTY APPRAISALS

QUANTITY

FEE RANGE
Vacant Land
ea
$1,500.00 $2,750.00
Noncomplex residential
ea
$750.00 $1,500.00
Part -take Acquisitions (non-complex)
ea
$1,500.00 $2,500.00
Noncomplex commercial
ea
$2,000.00 $3,500.00
Complex commercial
ea
$3,500.00 $6,000.00
Noncomplex industrial
ea
$4,000.00 $5,000.00
Complex industrial
ea
$5,000.00 $7,500.00
Review Appraisals
ea
$500.00 $2,500.00
Furniture, Fixtures and Equipment Appraisal
ea
$1,250.00 $5,000.00
Goodwill appraisal (windshield valuation)
ea
$1,000.00 $1,500.00
Goodwill appraisal
ea
$5,000.00 $9,500.00

ASSUMPTIONS
* Pricing may vary depending on the complexity of each project. * Additional services to be provided on an hourly basis according to the attached Schedule of Professional Fees. * Paragon will invoice monthly for its services at a time and materials basis in accordance with the attached Schedule of Professional Fees.

Exhibit "B"

SCHEDULE OF PROFESSIONAL FEES

HOURLY RATE SHEET

PROJECT DIRECTOR/CORPORATE BROKER
$225.00

SENIOR PROJECT MANAGER

PROJECT MANAGER
$185.00
$150.00

SENIOR ACQUISITION AGENT
$95.00

ACQUISITION AGENT
$85.00

PRINCIPAL RELOCATION AGENT
$115.00

SENIOR RELOCATION AGENT
$95.00

RELOCATION AGENT
$85.00

TITLE MANAGER
$135.00

TITLE SUPERVISOR
$120.00

SENIOR TITLE AGENT
$95.00

TITLE AGENT
$85.00

PROJECT CONTROLS SPECIALIST
$95.00

PROJECT/ ESCROW COORDINATOR
$75.00
RIGHT OF WAY ENGINEER P.E.
$150.00

SENIOR RIGHT OF WAY ENGINEER/GIS SPECIALIST
$125.00

ASSOCIATE RIGHT OF WAY ENGINEER/GIS SPECIALIST
$95.00

RIGHT OF WAY ENGINEERING TECHNICIAN
$75.00

ADMINISTRATIVE SUPPORT
$65.00

OFFICE CLERK
$50.00

IT SUPPORT
$135.00

DEPOSITIONS AND COURT TESTIMONY
$250.00

DIRECT CHARGES
COPIES $0.15 each MILEAGE
IRS reimbursable
POSTAGE/FEDEX Cost SUBCONSULTANTS
o
Cost + 10 /o
REAL ESTATE DATA SERVICES Cost +10% OTHER EXPENSES
Cost +10%
Terms of Payment
Net 30 days. Invoices will be submitted monthly. All rates are effective as of July 1, 2021. Rates may be revised annually on July 1 to reflect increases in the cost of living and current business conditions. Overtime for applicable labor classifications will be charged at 1.5 times the hourly rate in accordance with California law.

\,A MARK
■ ■ THOMAS
Exhibit "B"
RATE SCHEDULE (P-1)

EXHIBIT A
Mark Thomas & Company, Inc. Rate Schedule
Expires June 30, 2022*
[6111.1 WAN:
/_C1c1 Z FIG\ 1 M Y_1110 a.

Engineering Services
Survey Services
Intern
$52 - $90
Survey Intern
$65 - $112
Technician
$72 - $137
Survey Technician
$85 - $151
Planner 1
$85 - $115
Sr. Survey Technician
$98 - $186
Design Engineer 1
$101- $144
Surveyor
$118 - $171
Planner 11
$111- $137
Sr. Surveyor
$134 - $198
Sr. Technician
$124 - $180
Lead Survey Technician
$131 - $218
Design Engineer II
$131- $169
Project Surveyor
$164 - $216
Project Engineer
$154 - $191
Sr. Project Surveyor
$180 - $238
Sr. Project Engineer
$167 - $227
Survey Manager
$191- $263
Sr. Technical Engineer
$167 - $227
Sr. Survey Manager
$238 - $311
Project Manager
$200 - $256
Survey Division Manager
$284 - $396
Technical Lead
$200 - $256
** Single Chief
$157 - $216
Sr. Project Manager
$232 - $328
** Single Instrumentman
$150 - $191
Sr. Technical Lead
$222 - $328
** Single Chainman
$132 - $187
Engineering Manager
$294 - $378
** Apprentice
$71- $176
Practice Area Leader
$294 - $378
** 1 Person Field Crew
$157 - $216
Sr. Engineering Manager
$327 - $450
** 2 Person Field Crew
$290 - $403
Principal
$422 - $500
** 3 Person Field Crew
$361- $580
Drone Pilot
$220
Construction Management Services
Office Technician
$65 - $108
Project Support/Coordination Services
Office Engineer
$115 - $216
Project Assistant
$72 - $108
** Asst. Resident Engineer
$164 - $297
Technical Writer
$69 - $115
** Inspector - CM
$164 - $297
Sr. Project Assistant
$101- $137
RE/Structural Representative
$213 - $360
Project Coordinator
$98 - $144
Project Manager - CM
$213 - $324
Graphic Designer
$105 - $162
Sr. Project Manager - CM
$229 - $360
Sr. Technical Writer
$105 - $176
Area Manager - CM
$321- $468
Project Accountant
$105 - $162
Division Manager - CM
$294 - $360
Sr. Project Coordinator
$131- $173
Sr. Graphic Designer
$118 - $198
District Management Services
Sr. Project Accountant
$164 - $223
** Inspector - Apprentice
$69 - $104
Sr. Graphic Manager
$147 - $216
** Inspector
$101-$140
** Sr. Inspector
$128 - $166
Urban Planning/Landscape Architecture Services
Assistant Sanitary Engineer
$144 - $184
Landscape Intern
$49 - $90
Associate Sanitary Engineer
$160 - $216
Landscape Designer 1
$85 - $115
Sanitary Project Engineer
$160 - $248
Landscape Designer II
$111- $137
Sr. Sanitary Project Engineer
$203 - $295
Landscape Architect
$115 - $198
Operations Manager
$232 - $328
LAUD Division Manager
$255 - $284
Deputy District Manager
$288 - $353
LAUD Project Manager
$193 - $248
District Manager -Engineer
$321- $374
Sr. LAUD Project Manager
$229 - $281
Sr. LAUD Division Manager
$268 - $317
Grant Writing Services
Special Services
Funding Specialist
$158
Expert Witness
$440
Sr. Funding Specialist
$263
Strategic Consulting
$440
Note: Additional Promotional Steps Exist within Various Rate Categories OTHER

DIRECT COSTS
Reimbursables including, but not limited to:

Reproductions, Delivery and Filing
Fees
Cost Plus 5% Outside Consultant Fees
Cost Plus 5%
Mileage
Per IRS Rate Survey Field Expenses
Cost Plus 5%
*Rates subject to escalation with new hourly rate schedule as o f July 1, 2022 **These charge rates are subject to Prevailing Wage laws and Union contract. PAGE 1 OF 1

Item No. 13

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 24, 2022
SUBJECT: Approve Second Amendment to the Minor Maintenance Agreement for Landscape Maintenance Services with Nieves Landscape, Inc.

PREPARED BY: Stacey Biddle, Management Assistant
Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council approve the second amendment to the minor maintenance agreement for landscape maintenance services with Nieves Landscape, Inc., in the amount of $2,748,693.48 for Fiscal Year 2022-23, and approve contingency for extra work in the amount of $549,737, which is approximately 20% of the Fiscal Year 2022-23 amount.

BACKGROUND: On April 27, 2021, City Council approved an annual agreement with Nieves Landscape, Inc. for landscape maintenance services at city facilities, medians, parks, trails, and slopes. On August 10, 2021, the City approved contingency for extra work, and on October 26, 2021, City Council approved the First Amendment to the agreement to add landscape maintenance services at nine (9) park sites, including city sports parks, various baseball fields and tennis courts located at seven school sites throughout the city, and the perimeter landscaping at the Community Recreation Center.

The Second Amendment will increase payment to include landscape maintenance services for the next Fiscal Year 2022-23 and allow for a contingency to perform extra work, and to extend the term of the agreement to June 30, 2023.

Nieves Landscape, Inc., has shown they are capable and responsive to the needs of the city to provide a variety of landscape maintenance services and offers an efficient and economical means of completing the work.

FISCAL IMPACT: Adequate funds will be made available upon City Council approval of the Annual Operating Budget (AOB) for Fiscal Year 2022-2023, for the encumbrance of funds in the amount of $2,748,693.48, plus contingency $549,737.00, for a total of $3,298,430.48 for FY2022-23.

ATTACHMENTS: Second Amendment

SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND NIEVES LANDSCAPE, INC.

LANDSCAPE MAINTENANCE
THIS SECOND AMENDMENT is made and entered into as of May 24, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Nieves Landscape, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This Amendment is made with the respect to the following facts and purposes:
a. On April 27, 2021, the City and Contractor entered into that certain Agreement entitled "Agreement for Minor Maintenance Services," in the amount of $1,757,796.00.
b. On August 10, 2021, the City approved contingency for extra work in the amount of $351,559.20
C. On October 26, 2021, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Minor Maintenance Services," to add scope of work and increase the payment in the amount of $607,225.60. d. The parties now desire to extend the term of the agreement to June 30, 2023, increase the payment in the amount of $2,748,693.48, 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, 2023 unless sooner terminated pursuant to the provisions of this Agreement.

3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void.

This amount shall not exceed Five Million, Four Hundred Sixty - Five Thousand, Two Hundred Seventy -Four Dollars and
Twenty -Eight Cents ($5,465,274.28) for the total term of this agreement, unless additional payment is approved as provided in this agreement.
08/09/2021

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. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA NIEVES LANDSCAPE, INC.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

ATTEST:

By:

Matt Rahn, Mayor
Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney CONTRACTOR
Nieves Landscape, Inc.

Attn: Walter Sato
1629 E. Endinger Ave.

Santa Ana, CA 92705
Ph. (714) 334-1677
[email protected]
City Purchasing Mgr.

Initials and
Dat
9 2�-
08/09/2021

ATTACHMENT A

EXHIBIT B

PAYMENT RATES AND SCHEDULE
Fiscal Year 2022-23 Rate Schedules
Landscape Maintenance Service Area Fee Schedule

FACILITIES
Site No.

Site Name
Monthly Fee
FY22/23
Annual Cost
FY 23
F-02
Mary Phillips Senior Center
$
721.00
$
8,652.00
F-03A
Temecula Valley Entrepreneurs
Exchange (TVE2)
$
1,030.00
$
12,360.00
F-03C
Field Operations Center (FOC)
$
103.00
$
1,236.00
F-04
Temecula Community Center
$
463.50
$
5,562.00
F-05
Fire Station 484
$
669.50
$
8,034.00
F-06
Old Town Temecula
$
3,090.00
$
37,080.00
F-10
Temecula Children's Museum
$
257.50
$
3,090.00
F-12
Temecula Community Theater
$
103.00
$
1,236.00
F-13
Temecula Public Library
$
1,133.00
$
'13,596.00
F-15
'Molt Creek Fire Station #92
$
463.50
$
5,562.00
F-16
Fire Station #73
$
206.00
$
2,472-00
F-17A
Civic Center,Town Square
$
1,030.00
$
'12,360.00
F-17B
Parking Garage
$
206.00
$
2,472.00
F-19
Rorlpaugh Fire Station #95
$
515.00
$
6,1180.00
F-20
Overland Training Center
$
154.50
$
1,854.00
F-21
K-largarita Recreation Center
$
206.00
$
2,472.00
F-30
JeErerson Recreation Center
$
103.00
$
1,236.00
TOTAL:
$
10,464.50
$
125,454.00
08/09/2021

MEDIANS
_
Site No.

Site Name
Monthly Fee
FY22/23
Annual Cost
FY22123
M-01
Rancho California Road Medians
$
1,030.00
$
12,360.00
M-02
Ynez Road Medians
I $
1,030.00
$
12,360.00
M-03
jButterfield Stage Road Medians
$
1,442.00
$
17,304.00
M-03
Butterfield Stage Road Medians (North)'
$
1,648.00
$
19,776.00
M-04
Margarita Road Medians (North)
$
772.50
$
9,270.00
M-05
Margarita Road Medians (South)
$
154.50
$
1,854.00
M-06
Winchester Road at Jefferson Median
$
2,781.00
$
33,372.00
M-07
Pechanga Parkway Medians
$

1.648.00
$
19,776.00
M-08
Meadows Parkway Medians (North)
$
772.50
$
9,270.00
M-09
Paseo Del Sol Medians
$
772.50
$
9,270.00
M-10
Harveston Medians (Date Street/Margarita Road)
$
2,575.00
$
30,900.00
M-11
Jefferson Avenue Medians
$
154.50
$
1,854_00
M-13
Redhawk Medians
$
1,030.00
$
12,360.00
M-14
Temecula Parkway Medians
$
2,060.00
$
24,720.00
M-15
Wolf Valley Road Medians
$

82.40 $
988.80
M-16
Diaz Rd Medians / Parkway
$
618.00
$
7,416.00
M-17
Meadows Parkway Medians (South)
$
721.00
$
8,652.00
M-18
Murrieta Hot Springs Road Medians
$
515.00
$
6,180.00
M-19
De Portola Rd Medians at Temecula Valley
Hospital
$
103.00
$
1,236.00
FW-01
Interstate 15 On/Off Ramps (Winchester Road,
Rancho California Road, Temecula Parkway
Interchange)
$
2,575.00
$
30,900.00
TOTAL:
$
22,484.90
$
269,818.80
`
Butterfield Stage Road Medians (North) - currently in development and due to be active in FY20/21 08/09/2021

Passive Parks, Streetscapes & Trails
Site No.

Site Name
Monthly Fee
FY22123
Annual Cost
22/ 3
P-01
Veterans Park
S
1,957.00
$
23,484.00
P-02
Sam Hicks Monument Park
$
1,648.00
$
19,776.00
P-03
Calle Aragon Park
S
309.00
$
3,708.00
P-04
Bahia Vista Park
$
309.00
$
3,708,00
P-05
Loma Linda Park
S
1287.50
$
15,450.00
P-06
Riverton Park
S
2,060.00
$
24,720-00
P-07
John Magee Park
S
566.50
$
6,798.00
P-09
Voorburg Park
S
412.00
$

4.944.00
P-10
Nicolas Road Park
S
1,236.00
$
14,832.00
P-11
Butterfield Stage Park
S
1236.00
$
'14,832.00
P-12
Temecula Duck Pond Park
S
2,575.00
S
30,960.00
P-13
Rotary Park
S
360.50
$
4,326.00
P-14
Nakayama Park
S
360.50
$

4.326.00
P-15
A"inchester Creek Park
S
1,648.00
$
19,776.00
P-16
Long Canyon Creek Park
S
1,648.00
$
19,776.00
P-17
Vail Ranch Park
S
6,901.00
$

82.812.00
P-18
Stephen hfichael Linen Jr. Memorial
Park
S
824.00
$
9,888-00
P-19
Pablo Apis Park
S
824.00
$
9,888.00
P-20
Cro,.%ne Hill Park
S

1.545.00
$

18.540.00
P-21
Meadows Park
S

2.060.00
$
24,720-00
P-22
Pauba Ridge Park
S

2.060.00
$
24,720-00
P-23
Serena Hills Park
S
1,339.00
$
16,068.00
P-24
Harveston Lake Park
S
3,914.00
$

46.968-00
P-25
Sunset Park
S
669.50
$
8,034-00
P-26
Paseo Gallante Park
S
772.50
$
9,270.00
P-27
'Temecula Creek Trail Park
S
1,957.00
$
23,484-06
P-28
Redha,.%k Community Park
S
6,386.00
$
76,632-00
P-29
Wolf Creek Trail Park
S
3,090.00
$
37,080.00
P-30
'Wolf Creek Park
S
257.50
$
3,090-00
P-31
Skrriew Paris
S
1,854.00
$
22,248.00
PR-01
Temecula Park & Ride
S
669.50
$

8.034.00
SS-0-1
Via Eduardo Streetscape
S
257.50
$
3,090.00
SS-03
Margarita Road Right -of -Way
$
824.00
$
9,888-00
FC-01
Nada Lane
S
206.00
$
2,472.00
T-01
Santa Gertrudis Creek Trail
S
412.00
$
4,944.00
T-02
Temecula Creek Village Trail
S
206.00
$
2,472.00
T-03
Murrieta Creek Multi -Purpose Trail
S
1,133.00
$
13,596-00
T-04
Murrieta Creek Trail - Phase 2'
S
1,854.00
$
22,248.00
TOTAL:
$
57,628.50
S
691,542.00
08/09/2021

SLOPES - (Service Level C)
Site No.

Site Name
Monthly Fee
FY22123
Annual Cost
FY22123
S-01
Saddlewood (Pavilion Point)
$
2,163.00
$
25,956.00
S-02
Winchester Creek (I and 11)
$
1,493.50
$
17,922.00
S-03
Rancho Highlands
$
1,699.50
$

20.394.00
S-04
The Vineyards
$
300.42
$
3,605.04
S-05
Signet Series
$
1,545.00
$
18,540.00
S-06
Woodcrest Country
$
772.50
$
9,270.00
S-07
Ridgeview
$
515.00
$
6,180.00
S-08
Village Grove
$

5.768.00
$
69,216.00
S-09
Rancho Solana
$
7725
$
927.00
S-10
Martinique
$
257.50
$
3,090.00
S-11
Meadowview
$

64.38 $
772.56
S-12
Vintage Hills
$
3,605.D0
$
43,260.00
S-13
Presley Development (Veranda, Country Glen, Bridlevale) $
1,184.50
$
14,214.00
S-14
Morrison Homes (Mirada)
$
463.50
$
5,562.00
S-15
Barclay Estates
$
412.00
$
4,944-00
S-16
Tridewinds
$
978.50
$
11,742.00
S-17
Monte Vista
$

72.95 $
875.40
S-18
Temeku Hills
$
3,914.00
$
46,968.00
S-19
Chantemar (Campos Verde)
$
2,575.00
$
30,900.00
S-20
Crowne Hill
$
5,66-5.00
$
67,980.00
S-21
Vail Ranch
$
9,736.59
S
116,839.08
S-22
Sutton Place
$
167.38
$
2,008.50
S-23
Pheasant Run
$
231.75
$
2,781.00
S-24
Harveston
$
5,665.00
$
67,980.00
S-25
Serena Hills
$
1,802.50
$
21,630.00
S-26
Gallery Traditions
$

64.38 $
772.50
S-27
Avondale
$
257.50
$
3,090.00
S-28
Waif Creek
$
8,755.00
S
105,060A0
S-29
Gallery Portraits
$
103.00
$
1,236.00
TOTAL:
$

60.309.58
$
723,715.08
08/09/2021

Landscape Maintenance Service Area Fee Schedule

SPORTS PARKS/SCHOOL SITES
Site No.

Site Name
Monthly Fee
FY22123
Annual Cost
FY22123
SP-01
Ronald Reagan Sports Park
$
15,231.22
$
'182,774.64
SP-02
Paloma Del Sol Park
$
5,666.97
$
68,003.64
SP-03
Pala Community Park
$
3,271.77
$
39,261.24
SP-04
Kent Hintergardt Park
$
5,618.47
$
67,421.64
SP-05
Margarita Community Park
$
5,547.18
$
66,566.16
SP-06
Temeku Hills Park
$
5,836.83
$
70,041.96
SP-07
Harveston Community Park
$
9,079.40
$
108,952.80
SP-08
Patricia H_ Birdsall Sports Park
$
13,734.49
$
164,813.88
SP-09
Roripaugh Ranch Sports Park
$
8,724.11
$
104,689.32
SC-01
Temecula Middle School - baseball fields
$
436.70
$
5,240.40
SC-02
Temecula Elementary School - baseball fields
$
448.85
$
5,386.20
SC-03
James L Day Middle School - baseball fields
$
370.56
$
4,446.72
SC-04
Temecula Valley High School - tennis courts
$
437.41
$

5.248.92
SC-06
Vail Ranch N9iddle School - baseball
fieldsibasketball courts
$
606.56
$
7 278.72
SC-09
Great Oak High School - tennis courts
$
348.89
$
4,186.68
SC-10
Erle Stanley Gardner Middle School - tennis
courts
$
348.89
$
4,'186.68
F-01
Community Recreation Center
$
2,472.00
$
29,664.00
TOTAL:
$
78,180.30
$
938,163.60
08/09/2021

LANDSCAPE MAINTENANCE EXTRA WORK

PRICE SHEET
I. Turf Maintenance All Turf Areas
Unit Cost
1_
Mowing (Including Bagging of Clippings)
$

0.01 sq_ ft.
2_
Edging
$

0.0025
linear ft.
3_
String Trimming
$

0.0025
linear ft.
4_
Aerification (Core/3")
$

0.015
sq_ ft_
5_
Aerification (Deep Tine/6')
$

0.016
sq. ft.
6_
Weed Removal (Manual)
$

40.00 per man hr-
7-
Pest Control (Manual)
$

50.00 per man hr.
8_
Fertilization (Placement Only)
$

0.0025
sq_ ft.
9_
Materials (Fertilizer, Soil Amends)

25.00 % mark-up
II. General Landscape Maintenance(Planters and Slope Areas 1 _ Edging (Ground Cover)
$

0.005
linear ft.
2_ Trimming (Shrubs, Ground Cover)
TBD
sq_ ft-
3- Pruning/Shrubs, Vines, Roses
TBD
sq_ ft-
4- Pruning/Trees (To 18')
$
450.00
each

5. Weed Removal (Manual)
$

40.00 per man hr-
6- Pest Control (Manual)
$

50.00 per man hr.
7_ Fertilization (Placement Only)
$

0.0025
sq_ ft-
8- Vegetation Removal
TBD
sq_ ft-
9- Materials (Fertilizer, Soil Amends)

25.00 % mark-up
lil. Plant Material Installed. All Areas)
1 _ Annual Color (4" Container)
$

3.00 each
2_ Ground Cover
$

35.00 flat

3. One (1) Gallon
$

11.00 each
4_ Five (5) Gallon
$

32.00 each
5_ Fifteen (15) Gallon
$

95.00 each

6. 24" Box Tree
$
395.00
each
7_ Seeded Turf
$

2.73 sq_ ft.
8_ Sodded Turf
$

3.50 sq_ ft.
9_ Hydroseed
TBD
sq_ ft.
10_ Soil Preparation (Existing Area)
TBD
sq_ ft_
'I 'l _ Soil Preparation (New Area)
TBD
sq_ ft_
12_ Wood Mulch
$

65.00 cu_ yd.
9 08/09/2021

�''`�``' State of California
:tip
�' �' Secretary of State
Statement of Information
(Domestic Stock and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00. If amendment, see instructions.

IMPORTANT - READ INSTRUCTIONS BEFORE COMPLETING THIS FORM

1. CORPORATE NAME
C1704312
NIEVES LANDSCAPE INC.

GREG NIEVES
1629 E. EDINGER AVE
SANTA ANA CA 92705
Due Date:

E-J34320
FILED
n the office of the Secretary of
State of the State of California
Jan - 26 2012
This' ::: For Filin.; Use Orliv
Complete Addresses for the Following (Do not abbreviate the name of the city. Items 2 and 3 cannot be P.O. Boxes.)

2. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE 1629 E. EDINGER AVE SANTA ANA CA 92705

3. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE 1629 E. EDINGER AVE SANTA ANA CA 92705

4. MAILING ADDRESS OF THE CORPORATION, IF DIFFERENT THAN ITEM 2 CITY STATE ZIP CODE GREG NIEVES 1629 E. EDINGER AVE SANTA ANA CA 92705
Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the specific officer may be added: however, the preprinted titles on this form must not be altered.)

5. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE GREG NIEVES 1599 PARKRIDGE AVENUE NORCO, CA 92860
& SECRETARY ADDRESS CITY
GREG NIEVES 1599 PARKRIDGE AVENUE NORCO, CA 92860

STATE ZIP CODE

7. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE
GREG NIEVES 1599 PARKRIDGE AVENUE NORCO CA 92860
Names and Complete Addresses of All Directors, Including Directors Who Are Also Officers (The corporation must have at least one director. Attach additional pages, if necessary.)

8. NAME ADDRESS CITY STATE
GREG NIEVES 1599 PARKRIDGE AVENUE NORCO, CA 92860

9.NAME ADDRESS
CITY 57,17E

10. NAME

ADDRESS
CITY

ZIP CODE

STATE ZIP CODE

11. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS IF ANY:

Agent for Service of Process (If the agent is an individual, the agent must reside in California and Item 13 must be completed with a California street address (a P.O.Box address is not acceptable). If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section '1505 and Item 13 must be left blank.)

12. NAME OF AGENT FOR SERVICE OF PROCESS

GREG NIEVES

13. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 1599 PARKRIDGE AVENUE NORCO, CA 92860
Type of Business

14. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION

LANDSCAPE MAINTENANCE

15. BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT. 01/26/2012 GREG NIEVES PRESIDENT

DATE TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM TITLE SIGNATURE SI-200 C (REV 10/2010) APPROVED BY SECRETARY OF STATE

Item No. 14

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: May 24, 2022
SUBJECT: Approve Third Amendment to Agreement with David Evans and Associates, Inc. for the Diaz Road Expansion Project, PW17-25
PREPARED BY: Amer Attar, Engineering Manager
Avlin R. Odviar, Senior Civil Engineer
RECOMMENDATION: That the City Council approve the third amendment to the agreement with David Evans and Associates, Inc., in the amount of $59,279.80, for additional contingency in support of the professional design and environmental services of the Diaz Road Expansion Project, PW 17-25 and increase the City Manager's authority to approve extra work authorizations by the same amount.

BACKGROUND: On October 22, 2019, the City Council approved the agreement for consultant services with David Evans and Associates, Inc. to provide professional design and environmental services for the Diaz Road Expansion Project, PW17-25. The agreement, as amended, is in the amount of $733,312.00 plus $273,331.20 of contingency under the City Manager's authority.

Several extra work authorizations have been issued for services including additional traffic studies and VMT analysis, environmental studies, project phasing, additive bidding, and environmental permitting. Additional engineering and environmental services are needed to address permitting through the US Army Corps of Engineers, Riverside County Flood Control and Water Conservation District, and extensive coordination with the Eastern Municipal Water District related to their capital project to remove and replace the Diaz Road (sewer) Lift Station. At this time, it is appropriate to increase contingency funds for additional and unforeseen work tasks.

This Third Amendment adds $59,279.80 in contingency and allows for performing additional services under the agreement through extra work authorization(s). Approval of the Third Amendment results in an agreement amount of $733,312.00 and a contingency amount of $332,611.00, for a total encumbrance of $1,065,923.00,
FISCAL IMPACT: The Diaz Road Expansion Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2022-26, and is funded with DIF (Street

Improvements), Measure S, and TUMF (WRCOG). There are sufficient project funds to cover the cost of $59,279.80 associated with the Third Amendment.

ATTACHMENTS: 1. Amendment

2. Project Description

THIRD AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND DAVID EVANS AND ASSOCIATES, INC.

PW17-25 DIAZ ROAD EXPANSION
THIS THIRD AMENDMENT is made and entered into as of May 24, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and David Evans and Associates, 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, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services Between City of Temecula and David Evans and Associates, Inc., PW17-25 Diaz Road Expansion," in the amount of $733,312.00, plus contingency in the amount of $73,331.20.
b. On January 20, 2021, the City and Consultant entered into the First Amendment to the Agreement to increase the contingency in the amount of $100,000.00.

C. On July 27, 2021, the City and Consultant entered into the Second Amendment to the Agreement to increase the contingency in the amount of $100,000.00. d. The parties now desire to increase the contingency in the amount of $59,279.80 and to amend the Agreement as set forth in this Amendment.

2. Section 6 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 THIRD Amendment amount shall not exceed Fifty -Nine Thousand Two Hundred Seventy -Nine Dollars and Eighty Cents ($ 59,279.80), to increase contingency for a total Agreement amount of One Million Sixty -Five Thousand Nine Hundred Twenty -Three Dollars and No Cents ($ 1,065,923.00).

3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA David Evans and Associates, Inc.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign
the agreement on behalf of the corporation.)
By: By:

Matt Rahn, Mayor Mark Min , Vice President
ATTEST:

By: By:

Randi Johl, City Clerk Gavin Powell, Associate
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney CONSULTANT
David Evans and Associates, Inc.

Gavin Powell, PE, LEED AP
41951 Remington Avenue, Suite 220
Temecula, CA 92590
951-294-9346
GPowell deainc.com
City Purchasing Mgr.

In. als and Date:

Adk
C7"` The Heart of Southern California
Wine Country

DIAZ ROAD EXPANSION
Circulation Project
Project Description: Converts Diaz Road into a Major Arterial (4 Lanes Divided) classification, between Cherry Street and Rancho California Road.

Benefit: This project improves traffic circulation by expanding an important north -south arterial on the west side of the City and completes a portion of the designated Western Bypass.

Core Value: Transportation Mobility and Connectivity
Project Status: Phase 1 is in the design and environmental clearance phase.

Department: Public Works - Account No. 210.265.999.521 / PW17-25 Level: III
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
Project Cost:

DIF-Street Improvements
590
590
Measure S
162,923
8,522 3,328,555
3,500,000

TUMF (WRCOG)
1,065,923 3,500,000
4,565,923
Unspecified
3,614,478
3,614,478
Total Funding
i 163,513
1,065,923 8,522 6,828,555 3,614,478
11,680,991
Future Operating & Maintenance Costs:

Total Operating Costs
Notes :

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: May 24, 2022
SUBJECT: Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Sidewalks — Citywide — Ynez Road Between Rancho Highland and Tierra Vista Drive, PW 17-28
PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Chris White, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Sidewalks — Citywide — Ynez Road between Rancho Highland and Tierra Vista Road, PW17-28; and

2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.

BACKGROUND: The Sidewalks — Citywide — Ynez Road between Rancho Highland and Tierra Vista Road is an infrastructure project that will include the construction of sidewalks on the west side of Ynez Road.

The Project includes construction of new sidewalk, ADA-compliant access ramps, traffic signal modification, landscaping and irrigation removal and replacement, utility relocation and adjustments, and minor drainage facilities upgrades.

The plans and specifications are complete, and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office.

The Engineer's Construction Cost Estimate is $155,950 and construction duration is estimated to be 30 working days (approximately 1.5 months).

This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repairs and maintenance of existing highways and streets are Class 1 activities which are exempt from CEQA.

FISCAL IMPACT: The Sidewalks — Citywide — Ynez Road between Rancho Highland and Tierra Vista Drive is identified in the City's Capital Improvement Program (CIP) budget for

Fiscal Years 2022-2026 and is funded with Measure S. Adequate funds are available in the project accounts to construct this project.

ATTACHMENTS: 1. Project Description

2. Project Location

f
Alk
Gt'
The Heart of Southern California
Wine Country

SIDEWALKS - CITYWIDE
Infrastructure Project
Project Description: This project will include the construction of sidewalks at various locations throughout the City.

Benefit: This project will provide walking surfaces for pedestrians.

Core Value: Transportation Mobility and Connectivity
Project Status: A study to identify areas with missing sidewalks and prioritize them was completed as part of the Trails and Bikeways Master Plan Update in Fiscal Year 2015-16. Based on the study and the available resources, sidewalks will be constructed in the selected areas considering economy of scale and proximity to private development.

Department: Public Works - Account No. 210.265.999.708 / Various Level: I
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
Project Cost:

Prior Years
Actuals
2020-21
Adjusted
2021-22
Adopted
Budget
2022-23
Projected
2023-24
Projected
2024-25
Projected
2025-26
Projected
Total Project
Cost
Administration
210,884
107,312
50,000
50,000
50,000
50,000
50,000
568,196
Construction
122,111
432,894
320,000
320,000
320,000
320,000
320,000
2,155,005
Construction Engineering
4,412
50,588
60,000
60,000
60,000
60,000
60,000
355,000
Design & Environmental
164,058
82,870
70,000
70,000
70,000
70,000
70,000
596,929
Total Expenditures
501,464
673,665
500,000
500,000
500,000
500,000
500,000
3,675,129
Source of Funds:

General Fund
Measure S
375,000
370,000
430,129 500,000 500,000 500,000 500,000 500,000
375,000
3,300,129
Total Funding
745,000
430,129 500,000 500,000 500,000 500,000 500,000
3,675,129
Future Operating & Maintenance Costs:

Total Operating Costs
139

711ECITYOF Ynez Road Between Rancho Highland and Tierra Vista

TEMECULA
- Drive
llt-
f4.

If
J

3.4 0 84.22 168.4 Feet This map is a user generated static output from an Internet mapping site is for reference only. Data layers that appear on this map may or may no S_1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise relia .atitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATI i..; City of Temecula Boundary
Notes

Item No. 16

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: May 24, 2022
SUBJECT: Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Fire Station 84 Renovation, PW 19-14
PREPARED BY: Amer Attar, Engineering Manager
Chris White, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Fire Station 84 Renovation, PW 19-14; and

2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.

BACKGROUND: The Fire Station 84 Renovation project is an infrastructure project that will include the design, construction, and renovation of Fire Station 84. This Fire Station serves as the headquarter station for the City of Temecula Fire Department. This renovation will give a fresh look to the station as well as update the facility to be more energy efficient.

The Project includes construction of a new wellness room, expansion of the storage room and tenant improvements to the training room, upgrades to the apparatus bay, kitchen, day room, staff restroom, living quarters, electrical, windows, flooring, HVAC, paint, tile, lighting, landscaping, irrigation, and ADA access ramps. The renovation also include upgrades to the ADA accessibility access within the fire station to comply with the ADA requirements.

The plans and specifications are complete, and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office.

The Engineer's Construction Cost Estimate is $1,208,145. The construction duration is 120 working days (approximately 6 months).

This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the expansion and renovations are Class 1 activities which are exempt from CEQA.

FISCAL IMPACT: The Fire Station 84 Renovation is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2022-2026 and is funded with Measure S Funds. Adequate funds are available in the project accounts to construct this project.

ATTACHMENTS: 1. Project Description

2. Project Location

f
Adk
The Heart of Southern California
Wine Country
FIRE STATION 84 RENOVATION
Infrastructure Project
Project Description: This project includes the design, construction and renovation of Fire Station #84, including upgrades to the training room. This fire station serves as the headquarter station for the City of Temecula Fire Department. This renovation will give a fresh look to the station as well as update the facility to be more energy efficient. The renovation will add a gym to the facility, upgrade electrical, upgrade the windows, and re -paint the exterior and interior of the station. The living quarters will also receive some renovations to the bathrooms, kitchen and day room.

Benefit: This improvement will create a better learning experience for our community members that attend classes for training.

Core Value: A Safe and Prepared Community
Project Status: This project will be designed in Fiscal Year 2020-21.

Department: Fire - Account No. 210.265.999.687 / PW19-14 Level: II
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
2021-22
Prior Years
2020-21 Adopted 2022-23 2023-24 2024-25 2025-26
Total Project
Project Cost:

Actuals
Adjusted Budget Projected Projected Projected Projected Cost
Administration
24,202
139,548 40,000
203,750
Construction
349,000 867,263
1,216,263
Design & Environmental
136,926
117,074 67,015
1221,015
Total Expenditures
1 61,128
605,622 974,278
1,641,028
Source of Funds:

Measure S 6661750 974,278 1,641,028
Total Funding 666,750 - 974,278 1,641,028
Future Operating & Maintenance Costs:

Total Operating Costs
121

711EC TYQF
TEMECULA. Fire Station 84
Legend
❑ Parcels
City of Temecula Boundary
Notes
376.2 0 188.08 376.2 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be WGS_1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise reliable. © Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION

Item No. 17

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 24, 2022
SUBJECT: Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW 19-19
PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Chris White, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Approve the Plans and Specifications, and authorize the Department of Public Works to solicit construction bids for the Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW19-19; and

2. Make a finding that this project is exempt from the California Environmental Quality Act (CEQA) per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.

BACKGROUND: As part of the Capital Improvement Program and Budget for Fiscal Year 2022-26, the City Council approved appropriations to support a Traffic Signal Installation — Citywide that would improve traffic safety and circulation throughout the City. A priority list of traffic signals has been developed. The traffic signals scheduled for installation will be designed and constructed in the scheduled fiscal year when funding becomes available. Rancho California Road and Tee Drive was selected from the list to be constructed and installed.

The project Plans and Specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the office of the Director of Public Works.

The Engineer's Construction Cost Estimate is $346,650 and the number of allowable working days is 40.

This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that minor alteration involving no expansion of existing use of existing highways and streets are Class activities, which are exempt from CEQA.

FISCAL IMPACT: The Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2022-26, and is funded with DIF-Traffic Signals and Measure S. Adequate funds are available in the project accounts to construct the project.

ATTACHMENTS: 1. Project Description

2. Project Location Map

AIVA
The Heart of Southern California
Wine Country

TRAFFIC SIGNAL - INSTALLATION - CITYWIDE
Circulation Project
Project Description: This project includes the design, construction, installation and modification of traffic signals at various locations throughout the City. The project also includes reimbursement for developer installed traffic signals.

Benefit: This project improves traffic safety and circulation throughout the City.

Core Value: Healthy and Livable City
Project Status: A priority list of traffic signals has been developed. The traffic signals scheduled for installation will be designed and constructed in the scheduled fiscal year when funding becomes available. Reimbursements for developer installed traffic signals will be made as Development Impact Fees for Traffic Signals become available.

Department: Public Works - Account No. 210.265.999.682 / Various Level: I
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
2021-22
Prior Years
2020-21
Adopted
2022-23 2023-24
2024-25 2025-26
Total Project
Project Cost:

Actuals
Adjusted
Budget
Projected Projected
Projected Projected
Cost
Administration
142,466
24,999
167,465
Construction
835,243
563,914
305,791
375,000
375,000
2,454,948
Design & Environmental
112,235
18,034
130,270
Total Expenditures
1 989,945
606,947
305,791
375,000 -
375,000
2,652,683
Source of Funds:

Developer Contribution
246,764
3,236
250,000
DIF-Traffic Signals
701,892
305,791 192,000 280,000
1,479,683
Measure S
50,000
595,000 183,000 95,000
923,000
Total Funding
998,656
598,236 305,791 375,000 - 375,000 -
2,652,683
Future Operating & Maintenance Costs:

Total Operating Costs

THE cli -OF
4, ?-- �a I 71...

TEMECULA Rancho California Road and Tee Drive
188.1 0 94.04 188.1 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be WGS_1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise reliable. © Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION i Al1 Ots Riverside
reCh nah m cathedrd.Ci% 1
541thAfia; Paim Demul •
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Legend
[] Parcels
City of Temecula Boundary
Citations
Notes

Item No. 18

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: May 24, 2022
SUBJECT: Approve the Plans and Specifications and Authorize the Solicitation of Construction Bids for the Citywide Concrete Repairs Fiscal Year 2021-22 Project, PW22-01
PREPARED BY: Amer Attar, Engineering Manager
RECOMMENDATION: That the City Council:

1. Approve the Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs Fiscal Year 2021-22 project, PW22-01; and

2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.

BACKGROUND: The Citywide Concrete Repairs is an annual maintenance project to repair various concrete facilities within the City's public right-of-way. The Department of Public Works, Maintenance Division surveys the City and compiles a list of the improvements that are in need of repair.

This year's project will remove and replace curb & gutter, sidewalk, access ramps, driveways, and under sidewalk drains at more than seventy (70) locations identified on the attached List of Concrete Repair Areas. In addition, concrete access ramps will replace curbs at several school sites as shown on the attached School Ramps and Striping Locations List and Maps. The work will include the required striping.

The Engineer's Construction Cost Estimate is $220,000. Construction duration is estimated to be sixty (60) working days, which is approximately three (3) months.

This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing highways, streets, and gutters are Class 1 activities, which are exempt from CEQA.

FISCAL IMPACT: Adequate funds are available in the Department of Public Works, Maintenance Division, Fiscal Year 2021-22 budget for routine street maintenance. The source of funds for Citywide Concrete Repairs is Measure A.

ATTACHMENTS: 1. List of Concrete Repairs Areas and School Ramps and Striping Locations

2. School Ramps and Striping Locations Maps

City of Temecula Citywide Concrete Repairs - FY 2021-22 Project No.PW22-01 Department of Public Works List of School Ramps and Striping Locations

STREET OR PARK

LOCATION

SCOPE OF WORK
Quantity
LF
SF

BEAVER CREEK LANE
32163 BEAVER CREEK LN

LIFTED PANELS (ROOTS)
15'X6'
90 SENNA COURT
27463 SENNA COURT
3 PANELS
90 PECHANGA PARKWAY
130' W OF DEER HOLLOW ON PECHANGA PKWY
9 PANELS; ROOT PRONE

4.5'X6'
270'

PECHANGA PARKWAY
30' W OF DEER HOLLOW ON PECHANGA PKWY
4 PANELS; ROOTS/SINKING
20'X6'
120'

FELIX VALDEZ

S/W CORNER OF FELIX VALDEZ AVE AND BALDARAY CIR
2 PANELS @ SAME LOCATION
31/2'X6
10'X12'
141'

EUCALYPTUS COURT
31459 EUCALYPTUS COURT
2 PANELS
12'X6'

YNEZ ROAD

N/B YNEZ RD N OF PORTRAITS LN
2 PANELS (ROOT PRONE)
10'X6'
60 REDHAWK PARKWAY
E/B REDHAWK PKWY @ VANOWEN LN
5 PANELS LIFTED (ROOT
PRONE)
25'X6'
150
N CST. 2 LOCATIONS / UNDER SIDEWALK
1-36 PANELS LIFTED
2-5 PANELS LIFTED UNDER

SIDEWALK
1080
180
12 DE PORTOLA

N/E CORNER OF DE PORTOLA AND MARGARITA RD
3 PANELS BUCKLED (RAISED)
100
DODARO
DODARO DR 20' S/O ROSADO CT
4 PANELS ROOT PRONE
25'X6'
150

HARVESTON DRIVE
50' N/O HARVESTON DR ON EAST SIDE OF SHERBOURNE PL
1 PANEL ROOTS
5'X5'
25 SHERBOURNE PLACE
WEST SIDE OF SHERBOURNE PL 50' N/O HARVESTON DR
2 PANELS ROOTS
5'X10'
50 HARVESTON DRIVE

N/E CORNER OF HARVESTON DR AND SHERBOURNE PL
1 PANEL ROOTS
8'X5'
40 1 of 6

City of Temecula Citywide Concrete Repairs - FY 2021-22 Project No.PW22-01 Department of Public Works List of School Ramps and Striping Locations

STREET OR PARK

LOCATION

SCOPE OF WORK
Quantity
LF
SF

DATE STREET
DATE ST 188 LF E/O LAKEVIEW RD S/S
2 LIFTED PANELS
50 DATE STREET
DATE ST 257 LF E/O LAKEVIEW RD S/S

LIFTED PANEL
25 DATE STREET
DATE ST 298 LF E/O LAKEVIEW RD S/S
2 LIFTED PANELS
50 DATE STREET
DATE ST 337 LF E/O LAKEVIEW RD S/S
2 LIFTED PANELS
50 DATE STREET
DATE ST 398 LF E/O LAKEVIEW RD S/S

LIFTED PANEL
25 DATE STREET
DATE ST 428 LF E/O LAKEVIEW RD S/S
6 LIFTED PANELS
150

DATE STREET
DATE ST 488 LF E/O LAKEVIEW RD S/S
2 LIFTED PANELS
50 DATE STREET
DATE ST 521 LF E/O LAKEVIEW RD S/S

LIFTED PANEL
25 DATE STREET
DATE ST 560 LF E/O LAKEVIEW RD S/S
2 LIFTED PANELS
50 DATE STREET
DATE ST 576 LF E/O LAKEVIEW RD S/S

LIFTED PANEL
25 DATE STREET
DATE ST 666 LF E/O LAKEVIEW RD S/S

LIFTED PANEL
25 DATE STREET
DATE ST 681 LF E/O LAKEVIEW RD S/S

LIFTED PANEL
25 DATE STREET
DATE ST 22 LF E/O KINGWOOD S/S

LIFTED PANEL
25 DATE STREET
DATE ST 47 LF E/O KINGWOOD S/S

LIFTED PANEL
25 2 of 6

City of Temecula Citywide Concrete Repairs - FY 2021-22 Project No.PW22-01 Department of Public Works List of School Ramps and Striping Locations

STREET OR PARK

LOCATION

SCOPE OF WORK
Quantity
LF
SF

DATE STREET
DATE ST 83 LF E/O KINGWOOD S/S
2 LIFTED PANELS
50 DATE STREET
DATE ST 102 LF E/O KINGWOOD S/S
2 LIFTED PANELS
50 DATE STREET
DATE ST 204 LF E/O KINGWOOD S/S

LIFTED PANEL
5X5
25 DATE STREET
DATE ST 216 LF E/O KINGWOOD S/S

LIFTED PANEL
5X5
25 DATE STREET
DATE ST 235FT E/O KINGWOOD S/S
2 LIFTED PANELS
50 DATE STREET
DATE ST 380FT E/O KINGWOOD S/S
1 PANEL
25 DATE STREET
40OFT E/O KINGWOOD S/S
1 PANEL LIFTED
25 DATE STREET
DATE ST 470FT E/O KINGWOOD S/S
4 PANELS LIFTED
100

DATE STREET
DATE ST 595' E/O KINGWOOD S/S
1 PANEL LIFTED
25 DATE STREET
DATE ST 645' E/O KINGWOOD S/S
1 PANEL LIFTED
25 DATE STREET
DATE ST 795' E/O KINGWOOD S/S
1 PANEL LIFTED
25 DATE STREET
DATE ST 945' E/O KINGWOOD S/S
2 PANELS LIFTED
50 DATE STREET
DATE ST 1000' E/O KINGWOOD S/S
2 PANELS LIFTED
50 DATE STREET
DATE ST 1030' E/O KINGWOOD S/S
1 PANEL LIFTED
25 3 of 6

City of Temecula Citywide Concrete Repairs - FY 2021-22 Project No.PW22-01 Department of Public Works List of School Ramps and Striping Locations

STREET OR PARK

LOCATION

SCOPE OF WORK
Quantity
LF
SF

PAUBA ROAD
PAUBA RD W/B 150' W/O MEADOWS PKWY
21' OF CURB & GUTTER
21'

DATE STREET
DATE ST E/B 300' W/O MARGARITA RD
2 PANELS (ROOTS)
60 DATE STREET
DATE ST E/B 200' W/O MARGARITA RD
1 PANEL (ROOTS)
30 DATE STREET
DATE ST E/B 75' W/O MARGARITA RD
1 PANEL (ROOTS)
30 AVENIDA CIMA DEL SOL
29779 AVENIDA CIMA DEL SOL @ BESO
6 PANELS (ROOTS)
180

SUNNY MEADOWS PARKWAY
SUNNY MEADOWS PKWY @ FERMO CT
2 PANELS (ROOTS)
60 TEMECULA PARKWAY
W/B TEMECULA PKWY 40OFT E/O MEADOWS PKWY
2 PANELS (ROOTS)
60 BUTTERFIELD STAGE ROAD
N/B BUTTERFIELD STAGE RD @ ROYAL CREST
2 PANELS
60 LA SERENA WAY
LA SERENA WAY 30OFT E/O MARGARITA RD
2 PANELS (ROOTS)
60 VIA POQUITO
VIA POQUITO @ CORTE VERANOS
2 PANELS
10'X10'
6'X6'
136

BUTTERFIELD STAGE ROAD
BUTTERFIELD STAGE RD 30OFT S/O WOLF STORE RD
2 PANELS
5'X5'
3'X5'
40 WOLF CREEK DRIVE SOUTH
WOLF CREEK DR S. N/O ROCKY BAR DR
3 PANELS (ROOTS)
340

CERVANTES WAY
CERVANTES WAT @ CAMINO CAMPOS VERDES
2 PANELS
5'X5'
5'X5'
50 RANCHO VISTA ROAD

RANCHO VISTA RD & VIA EL GRECO
2 PANELS " CROSS GUTTER
285
4 of 6

City of Temecula Citywide Concrete Repairs - FY 2021-22 Project No.PW22.01 Department of Public Works List of School Ramps and Striping Locations

STREET OR PARK

LOCATION

SCOPE OF WORK
Quantity
LF
SF

TEMECULA PARKWAY

TEMECULA PKWY E/B FROM KEVIN PL TO AVENIDA DE MISSIONES 10 PANELS
5'X5'
250

BLACK DEER LOOP

N SIDE OF BLACK DEER LOOP
5 PANELS (5X5)
1 PANEL (8X8)
4 PANELS (5X5)
289

DIAZ ROAD
W/B DIAZ RD N/O BLACK DEER LOOP 50FT
2 PANELS (5X5) RAMP
50 SOLANA WAY
E/B SOLANA WAY 50FT E/O CALLE FUEGO
2 PANELS (5X5)
50 BRISTOL ROAD
28848 BRISTOL RD
2 PANELS (5X5) RAMP
50 VANDAMERE COURT
42096 VANDAMERE CT
2 PANELS (5X5) ROOTS
50 CERCLE CHAMBERTIN
31875 CERCLE CHAMBERTIN
2 PANELS (6X5)
60 SAINT MITCHEL LANE
32310 SAINT MITCHEL LN
1 PANEL (6X5)
30 CORTE MISLANCA
45674 CORTE MISLANCA
1 PANEL (6X5)
30 DAHLIA WAY
42076 DAHLIA WAY
4 PANELS (5X5)
100

EUCALYPTUS COURT
ACROSS FROM 31459 EUCALYPTUS CT
3 PANELS (6X6 EACH)
110

COMMERCE CENTER DRIVE
COMMERCE CENTER DR @ OVERLAND DR
12X14 R &R PROJECT
2 1/2 CONCRETE PANELS

ALONG PROJECT
168

MIRA LOMA DRIVE
MIRA LOMA DR @ VERONDA PL
1 PANEL (11X16)
1 PANEL (9X6)
120

CALLE SANTA ANA
EAST SIDE OF CALLE SANTA ANA NEAR 31643 CPRTE ROSARIO
2 PANELS (6X6)
72 5 of 6

City of Temecula Citywide Concrete Repairs - FY 2021-22 Project No.PW22-01 Department of Public Works List of School Ramps and Striping Locations Quantity

STREET OR PARK

LOCATION

SCOPE OF WORK
LF
SF

JEFFERSON AV
28046 DEL RIO RD
DRIVE APPROACH/2 PANELS

SEASTAR PLACE
31680 SEASTAR PL
(RI )E APPROACH/2 PANELS
168
6 of 6

City of Temecula Citywide Concrete Repairs - FY 2021-22 Project No.PW22.01 Department of Public Works List of School Ramps and Striping Locations

STREET OR PARK

LOCATION

SCOPE OF WORK
Quantity
LS
EA

CAM SAN JOSE
INTERSECTION OF PSO DURANGO @ CAM SAN JOSE
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 CAM SAN JOSE
INTERSECTION OF PSO DURANGO @ E/S OF CAM SAN JOSE
Remove Existing Curb and Gutter and Replace with Curb Ramp 1 per Caltrans A88A, Case C.

PSO DURANGO
INTERSECTION OF CAM SAN JOSE @ PSO DURANGO
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 PSO DURANGO
INTERSECTION OF CAM SAN JOSE @ PSO DURANGO
Remove Existing Curb Ramp and Install Curb Ramp per City of 2 Temecula STD.NO 402

VIA SALTIO
INTERSECTION OF CAM SAN JOSE @ VIA SALTIO SW CORNER
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 REGINA DR
INTERSECTION OF TEHACHAPI PASS @ REGINA DR
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 REGINA DR
INTERSECTION OF TEHACHAPI PASS @ REGINA DR
Remove Existing Curb Ramp and Install Curb Ramp per City of 2 Temecula STD.NO 402

TEHACHAPI PASS
INTERSECTION OF REGINA DR @ TEHACHAPI PASS
Remove Existing Curb and Gutter and Replace with Curb Ramp 2 per Caltrans A88A, Case C.

TEHACHAPI PASS
INTERSECTION OF REGINA DR @ TEHACHAPI PASS
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 MIRA LOMA DR
INTERSECTION OF SANTA CECILIA DR @ MIRA LOMA DR
Remove Existing Curb and Gutter and Replace with Curb Ramp 1 per Caltrans A88A Case C.

MIRA LOMA DR
INTERSECTION OF SANTA CECILIA DR @ MIRA LOMA DR
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 MIRA LOMA DR
INTERSECTION OF SANTA CECILIA DR @ MIRA LOMA DR NE
Remove Existing Curb Ramp and Install Curb Ramp per City of 1 CORNER
Temecula STD.NO 402

SANTA CECILIA DR
INTERSECTION OF MIRA LOMA DR @ SANTA CECILIA DR
Modify Striping and Pavement Marking as Show in Exhibit `D' 2 CAMINO SAN DIMAS
INTERSECTION OF PASEO GALLANTE @ CAMINO SAN DIMAS
Remove Existing Curb Ramp and Install Curb Ramp per City of 2 Temecula STD.NO 402

CAMINO SAN DIMAS
INTERSECTION OF PASEO GALLANTE @ CAMINO SAN DIMAS
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 PASEO GALLANTE
INTERSECTION OF CAMINO SAN DIMAS @ PASEO GALLANTE
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 PASEO GALLANTE
INTERSECTION OF CAMINO SAN DIMAS @ PASEO GALLANTE NE
Remove Existing Curb and Gutter and Replace with Curb Ramp 1 CORNER
per Caltrans A88A Case C.

VIA LA COLORADA
INTERSECTION OF CAMINO SAN DIMAS @ VIA LA COLORADA
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 PASEO GALLANTE
INTERSECTION OF CORTE TOBARRA @ PESEO GALLANTE
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 CALLESTTO VALLARTA
INTERSECTION OF CORTE SABRINAS @ CALLESTTO VALLARTA
Remove Existing Curb Ramp and Install Curb Ramp per City of 2 Temecula STD.NO 402

CALLESTTO VALLARTA
INTERSECTION OF CORTE SABRINAS @ CALLESTTO VALLARTA
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 PASEO GALLANTE
INTERSECTION OF CALLESTTO VALLARTA @ W/S PASEO
Remove Existing Curb and Gutter and Replace with Curb Ramp 1 GALLANTE
per Caltrans A88A Case C.

CORTE SABRINAS
INTERSECTION OF CALLESTTO VALLARTA @ CORTE SABRINAS
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 PASEO GALLANTE

INTERSECTION OF CALLESTTO VALLARTA & S/S OF PASEO
Modify Striping and Pavement Marking as Show in Exhibit `D' 1 GALLANTE
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Item No. 19

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 24, 2022
SUBJECT: Approve the Specifications and Authorize Solicitation of Construction Bids for the Pavement Rehabilitation Program — Meadowview/Paloma Del Sol Project, PW21-06
PREPARED BY: Avlin R. Odviar, Senior Civil Engineer
Nino Abad, Associate Civil Engineer
RECOMMENDATION: That the City Council:

1. Approve the specifications and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program — Meadowview/Paloma Del Sol Project, PW21-06; and

2. Make a finding that this project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.

BACKGROUND: This project will rehabilitate approximately 247,000 square yards (2,224,200 square feet) of roadway in the Meadowview and Paloma Del Sol communities. The project includes many of the internal roadways of the Meadowview community as well as Amarita Way, Montelegro Way, and Santiago Road (from Amarita Way to Margarita Road) in the Paloma Del Sol community. The roadway rehabilitation will consist of a 1/4" asphalt concrete leveling course, an Asphalt Rubber and Aggregate Membrane (ARAM) chip seal, and a Type II rubberized slurry seal coat. Removal of existing pavement delineation, restriping, and replacement of existing curb ramps with ADA compliant curb ramps are also included.

Specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the office of the Director of Public Works.

The Engineer's Construction Cost Estimate is $3,100,000.00 and 85 working days are allowed for construction.

This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing highways, streets, and gutters are Class 1 activities, which are exempt from CEQA.

FISCAL IMPACT: The Pavement Rehabilitation Program — Citywide is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2012-2026 with Measure A and Road Maintenance and Rehabilitation (RMRA) funding (SB 1). Adequate funds are available in the project accounts to construct this project.

ATTACHMENTS: 1. Project Description

2. Project Location Map - Meadowview

3. Project Location Map - Paloma Del Sol

f
Adk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program

PAVEMENT REHABILITATION PROGRAM - CITYWIDE
Circulation Project
Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management Program update.

Benefit: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met.

Core Value: Transportation Mobility and Connectivity
Project Status: A priority list of rehabilitation projects from the Pavement Management Program is used to determine the projects to be undertaken.

Construction is completed annually based on the allocated funds.

Department: Public Works - Account No. 210.265.999.655 / Various Level: I
Project Cost:

Prior Years
Actuals
2020-21
Adjusted
2021-22
Adopted
Budget
2022-23
Projected
2023-24
Projected
2024-25
Projected
2025-26
Projected
Total Project
Cost
Administration
2,868,335
1,838,674
659,259
668,205
662,724
682,098
670,888
8,050,183
Construction
24,350,696
5,845,846
2,581,437
2,373,058
2,461,401
2,513,762
2,605,055
42,731,255
Construction Engineering
370,506
1,524,033
378,934
383,203
377,723
385,277
388,409
3,808,084
Design & Environmental
789,199
508,843
1,298,042
Total Expenditures
28,378,736
9,717,395
3,619,630
3,424,466
3,501,848
3,581,137
3,664,352
55,887,564
Source of Funds:

Gas Tax
1,200,000
1,200,000
General Fund
5,692,614
5,692,614
Measure A
16,646,857
6,172,184 1,123,380 1,155,380 1,187,380 1,220,380 1,256,380 28,761,941
Measure 5
2,000,000
2,000,000
Reimbursements
36,000
36,000
RMRA
3,251,263
3,097,213 2,496,250 2,269,086 2,314,468 2,360,757 2,407,972 18,197,009
Total Funding
28,826,734
9,269,397 3,619,630 3,424,466 3,501,848 3,581,137 3,664,352 55,887,564
Future Operating & Maintenance Costs:

Total Operating Costs
Notes :

1. Road Repair and Accountability Act (RMRA)
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Item No. 20

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 24, 2022
SUBJECT: Set Public Hearing to Approve Solid Waste and Recycling and SB1383 Compliance Fee on Commercial Collection Rates for Commercial Customers for Fiscal Year 2022-23
PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA SETTING A TIME AND PLACE FOR A PUBLIC

HEARING IN CONNECTION WITH THE SOLID WASTE AND
RECYCLING AND SB1383 COMPLIANCE FEE ON

COMMERCIAL COLLECTION RATES FOR COMMERCIAL
CUSTOMERS FOR FISCAL YEAR 2022-23
BACKGROUND: The Franchise Agreement between the City of Temecula and CR&R Incorporated stipulates the conditions upon which rates may be adjusted on an annual basis. Per the agreement, these rates shall be adjusted each July 1st to reflect the changes in various applicable indices, and as such the commercial rates are due to adjust for fiscal year 2022-23. In addition to the rate adjustment based on indices, CR&R has requested an additional increase in commercial and temporary bin/roll-off rates due to Extraordinary Costs as allowed in the Franchise Agreement, to include an SB1383 Compliance Fee. The requested additional rate +increase is 3.4% of the current commercial and temporary bin/roll-off solid waste collection and transportation rates. The SB1383 Compliance Fee is intended to pay for the additional costs of implementing Senate Bill 1383 (SB1383) in the City of Temecula. These additional costs include, but are not limited to:
• Additional Personnel
• Reporting requirements
• Public Education and Outreach
• Equipment Costs
• Audit and Material Monitoring Costs

SB1383 took effect on January 1, 2022 and sets Statewide greenhouse gas emission reduction goals for California. This legislation aims to slow climate change by diverting organic materials from landfills, recovering 20% of edible food and redirecting it to food -insecure Californians. Its goal is to reduce organics waste to landfills disposal by 75% by 2025, which is intended to divert more than 20 million tons from landfills. Disposing of organic waste creates 20% of California's methane emissions, and methane is a climate pollutant and is more potent than carbon dioxide.

Temecula City CouncilMay 24, 2022

Temecula City Council
May 24, 2022