Communications and Information Management
The NIMS identifies the requirement for a standardized framework for communications, information management (collection, analysis, and dissemination), and information- sharing at all levels of incident management. These elements are briefly described as follows:
• Incident Management Communications - Incident management organizations must ensure that effective, interoperable communications processes, procedures, and systems exist to support a wide variety of incident management activities across agencies and jurisdictions.
• Information Management - Information management processes, procedures, and systems help ensure that information, including communications and data, flows efficiently through a commonly accepted architecture supporting numerous agencies and jurisdictions responsible for managing or directing domestic incidents, those impacted by the incident, and those contributing resources to the incident management effort.
Effective information management enhances incident management and response and helps ensure that crisis decision- making is better informed.
Supporting Technologies
Technology and technological systems provide supporting capabilities essential to implementing and continuously refining the NIMS. These include voice and data communications systems, information management systems (i.e., record keeping and resource tracking), and data display systems. Also included are specialized technologies that facilitate ongoing operations and incident management activities in situations that call for unique technology -based capabilities.
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Ongoing Management and Maintenance
This component establishes an activity to provide strategic direction for and oversight of the NIMS, supporting both routine review and the continuous refinement of the system and its components over the long term.
National Incident Management System (NIMS) Compliance Requirements:
1. Adopt NIMS to receive federal preparedness assistance. On September 12, 2006, the City of Temecula adopted NIMS.
2. Adopt the Incident Command System (ICS). The City of Temecula meets this requirement since ICS is a foundational element of Standardized Emergency Management System (SEMS) and is practiced by emergency management on a day- to-day basis.
3. Develop mutual aid agreements. Resolution No. 93-18, the California Disaster and Civil Defense Master Mutual Aid Agreement, was approved and adopted by the City of Temecula City Council on February 23, 1993. The agreement enables the sharing of every type of emergency response resource (firefighting, law enforcement, medical, etc.) between all jurisdictions.
4. Equipment certification and resource management. The State of California has designated a SEMS Resource Management Specialist Committee to address this through the development of templates and/or guidelines consistent with NIMS.
SEMS Requirements for Local Governments
The City of Temecula will comply with SEMS regulations in order to be eligible for state funding of response -related personnel costs and will:
1. Use SEMS when
• A local emergency is proclaimed, or
• The City EOC is activated.
2. Establish coordination and communications with Incident Commanders either • Through departmental operating centers (DOCs) to the EOC, when activated, or • Directly to the EOC, when activated.
3. Use existing mutual aid systems for coordinating fire and law enforcement resources.
4. Establish coordination and communications between the City of Malibu's EOC when activated, and any state or local emergency response agency having jurisdiction at an incident within the city's boundaries.
5. Use multi -agency or inter -agency coordination to facilitate decisions for overall local government level emergency response activities.
City of Temecula's Responsibilities Under SEMS
The development of SEMS will be a cooperative effort of all departments and agencies within the City of Temecula with an emergency response role. The Emergency Manager has the lead staff responsibility for emergency management compliance with responsibilities for:
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• Communicating information within the City of Temecula on emergency management requirements and guidelines.
• Coordinating SEMS development among departments and agencies. • Incorporating SEMS into the City of Temecula's EOP and procedures. • Incorporating SEMS into the City of Temecula's emergency ordinances, agreements, memorandum of understandings, etc.
• Identification of special districts that operate or provide services within the boundaries of the City of Temecula. The emergency role of these special districts should be determined, and provisions made for coordination during emergencies. • Identification of local volunteer and private agencies that have an emergency response role. Contacts should be made to develop arrangements for coordination in emergencies.
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CITY OF TEMECULA EMERGENCY MANAGEMENT ORGANIZATION
This section establishes policies and procedures and assigns responsibilities to ensure the effective management of emergency operations under the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). It provides information on the City of Temecula's emergency management structure and how the emergency management team is activated.
The City of Temecula operates under the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS), which are discussed in detail under SEMS and NIMS earlier in this plan. The City of Temecula's emergency management organization (including emergency response and recovery) will be directed by the City Manager who serves as the Director of Emergency Services. The Director of Emergency Services is responsible to the City Council and Disaster Council per Chapter No. 2.56.040 of the City of Temecula's Municipal Code.
The Director of Emergency Services is responsible for implementing the Emergency Operations Plan (EOP). While serving as the Director of Emergency Services during an actual emergency, this position will be referred to as the Disaster Director. The Director of Emergency Services/Disaster Director is supported by the Office of Emergency Management.
The Emergency Manager position, during an actual emergency or EOC activation, will be referred to as the EOC Director and has overall responsibility for:
• Organizing, staffing, and operating the Emergency Operations Center (EOC). • Operating communications and warning systems.
• Providing information and guidance to the public.
• Maintaining information on the status of resources, services, and operations. • Directing overall operations as established by the Emergency Services Director. • Obtaining support for the City of Temecula and providing support to other jurisdictions as required.
• Identifying and analyzing potential hazards and recommending appropriate countermeasures.
• Collecting, evaluating, and disseminating damage assessment and other essential information.
• Providing status and other reports to the Riverside County Operational Area.
The City of Temecula's Emergency Organization is reflected in the EOC Organization Chart below (Figure 9).
SEMS EOC Functions
• The Operations Section is responsible for coordinating all field operations in support of the emergency. The Operations Section includes the following positions: Operations Section Chief; Public Works/Utilities Branch Director and Construction/Engineering, Maintenance/Ops, and Damage Assessment Unit Leaders; Community Services Branch CITY OF TEMECULA 53 1 ' a g e
EMERGENCY OPERATIONS PLAN - 2023
Director and Medical/Health, Care & Shelter, and Animal Shelter Unit Leaders; Fire & Rescue Branch Director and Hazmat/Search & Rescue Unit Leaders; and Law Enforcement Branch Director and Coroner, and Evacuation Unit Leaders. • The Planning/Intelligence Section is responsible for collecting, evaluating, and disseminating information, developing an Action Plan every 12-hour period during activation, and documentation. The Planning/Intelligence Section includes the following positions: Planning/Intelligence Section Chief, Advanced Planning Unit Leader, Documentation/Recovery Unit Leader, Situation Assessment Unit Leader, Message Center Unit Leader, EOC Operators and EOC Runners.
• The Logistics Section is responsible for coordinating and processing requests for additional resources. The Logistics Section includes the following positions: Logistics Section Chief, Communications Unit Leader, Facilities Coordination Unit Leader, Personnel Unit Leader, Supply/Procurement Unit Leader, IT Unit Leader, GIS Unit Leader, Transportation Unit Leader and Donations Management Unit Leader. • The Finance Section is responsible for financial activities such as tracking emergency hours, compensation and claims, and overall emergency costs. The Finance Section includes the following positions: Finance Section Chief, Time Keeping Unit Leader, Compensation and Claims Unit Leader, Cost Recovery Unit Leader, and Purchasing Unit Leader.
EOC Policy Group
The Policy Group is the policy element of the EOC and consists of the Mayor and City Council, City Manager, EOC Director, and key City of Temecula department directors. The exact combination of Department Directors depends on the type of disaster and which departments have roles in the response and/or recovery. The Policy Group provides advice to the mayor on policy level issues that arise due to an ongoing emergency or disaster. The EOC Director participates in the Policy Group and is responsible for ensuring that its members are provided with up-to-date situation and status information to support their response management and policy decision activities. This includes, but is not limited to:
• Recall of employees
• Identify and communicate the strategic goals for overall management during emergency situations to the Disaster Director
• Establishing curfews
• Preventing price gouging
• Ensure city-wide unity of effort to address the objectives of the incident response and recovery
• Issuing large scale evacuation orders
• Make decisions regarding policies and emergency ordinances, as needed.
The EOC Policy Group and other EOC positions are shown in the EOC Organization Chart.
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Figure 9: City of Temecula EOC Organization Chart
v: February 2D21 Emergency Operations Center (EOC) Organizational Chart sarea- n---r aim., -.rva-
EOC Activation Policies
The Office of Emergency Management (OEM) maintains the City of Temecula's Emergency Operations Center (EOC) and is prepared to activate it during times of emergency or disaster. The mission of the City of Temecula EOC is to minimize the impact of incidents on the community through coordinated planning, information sharing, and resource allocation between all City departments, partnering agencies and the public.
Typically, the Emergency Manager, in consultation with the City Manager or his/her designee, authorizes the activation of the EOC. However, any department director or incident commander may request activation when they see a need to develop plans of action, coordinate resources, gather information, or seek assistance in resolving policy issues during events.
Factors to consider when determining if EOC activation is needed, and to what level, are:
• The nature, scale, and severity of the hazard and immediate known or possible impacts (which may include secondary risks or impacts).
• The potential for the hazard and/or secondary impacts to increase. • The degree and extent of support needed to achieve response and/or recovery objectives. • The time of day and day of the week.
• The number of media or public attention garnered by the incident. • The benefit achieved by coordinating departmental operations from a centralized location.
• Other unrelated incidents underway or planned events scheduled.
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Depending on the nature of the emergency, the Emergency Manager or designee may activate the EOC to one of three levels. They are:
EOC Activation Levels
Normal Management
operating Watch Level Level
.onditions IM
• EOC is inactive
• No threat
identified
• No EOC staff
required to report
for duty
■ EOC is inactive
• A threat has been
identified and is
closely being
monitored
■ EOC staff should
regularly check
emails and make
plans in case they
are required to
report for duty
• No EOC staff
required to report
for duty
• EOC is active
• small scale
emergency
■ EOC staff should
regularly check
emai€s and make
plans in case they
are required to
report for duty
• Select EOC staff
required: Disaster
Director, Planning
and Intel Chief,
applicable EOC
positions, and
applicable EOC
Volunteers
• EOC is active
• Medium scale
emergency
• Potential limited
evacuations
• EOC staff should
regularly check
emails and make
plans in case they
are required to
report for duty
• Select EOC staff
required: Disaster
Director, all
section chiefs,
applicable
branches, units
and agency
representatives.
• EOC is active
■ Large Scale
Emergency
• Potential
extensive
evacuations
• All EOC Staff
required
Figure 10: City of Temecula EOC Activation Levels
Employee Response
Ultimately, all employees must be prepared to report to the EOC if requested, provided they are physically able to do so. If the telephone system has failed and no other means of communication is available, employees shall be guided by their respective department response plans.
Additionally, employees are encouraged to listen to the radio, as the city may utilize the designated Emergency Alert System (EAS) radio station for the City of Temecula (WQIQAM 1610) to broadcast information relative to Temecula City employees.
The city will utilize a telephonic system to quickly recall EOC personnel. The system dials home, work, cell, and other numbers until it reaches the person. All city personnel need to realize that as disaster service workers they may need to use good judgment and "self -activate" to their job site if the situation warrants, and all means of communication is down.
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EOC Hours of Operation
During the work week of Monday through Friday, the EOC is open from 8 a.m. to 5 p.m. During an activation, the Emergency Manager will set the hours of operation for the EOC. This decision is based on the circumstances of the emergency. Examples of hours of operation based on the EOC activation levels are:
Management Watch
• The initial stage of response activities for the City EOC. Management Watch requires the Office of Emergency Management (OEM) to monitor events and notify the City Manager or Assistant City Manager to recommend/advise if Management Watch is warranted or next level.
I oval Thrace
• Staff may be requested to monitor the situation from the EOC or from their regular workstations during normal or extended hours and periodically meet to discuss the situation status.
• Staff may be requested to monitor the situation from the EOC 24 hours a day, rotating shifts every 12 hours.
Level Two (Limited Activation)
• Staff may be requested to operate the EOC during normal or extended hours. • Staff may be requested to operate the EOC 24 hours a day, rotating shifts every 12 hours.
Level One (Full Activation)
• Staff will be requested to operate the EOC 24 hours a day, rotating shifts every 12 hours.
EOC Coordination
During EOC activations, coordination will occur at all levels. Field personnel (via the Incident Commander) will coordinate with the Temecula EOC utilizing their department -specific branch representative located in the EOC. An example is the Incident Commander (IC) for rescue operations will coordinate with the EOC Fire and Rescue Branch Director.
Depending on the kind of incident, the Temecula EOC may coordinate with special districts, utilities, volunteer organizations and/or private organizations. During EOC activations, special districts, utilities, volunteer organizations and/or private organization responding to Temecula - focused emergencies will coordinate and communicate directly with the Temecula EOC. Ideally, they will provide an agency representative to the EOC to better facilitate coordination.
The Riverside County Operational Area EOC will coordinate with the Temecula EOC and other EOCs within Riverside County. Information from all EOCs within Riverside County will be filtered into the Riverside County Operational Area EOC, who will then disseminate county -wide information back to EOCs within the County. If mutual aid is required, Temecula's EOC will request it through the Riverside County Operational Area EOC.
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Riverside County serves as the single point of contact for its jurisdiction to the State's Regional Emergency Operating Center (REOC). Riverside County EOC reports county -wide information to the REOC utilizing the stat version of WebEOC called CALEOC.
EOC Information Tracking
The Temecula EOC utilizes Microsoft TEAMS (MS TEAMS) to track all messages, position logs, situation reports, damage reports, press releases, action plans, and resource requests. This system is networked, allowing users to easily share information while in person or a virtual environment. If the network system is not available, each EOC computer has Wi-Fi capability that will allow them to login remotely to access the EOC management system. If computers are damaged, or the backup generator is not working, all EOC forms are printed and available to utilize manually.
Displays
Visual boards displayed on the EOC Video Wall enable the Operations Section to build a common operating picture of what is transpiring for the incidents. News media outlets, resource needs, logs of actions and mapping are all examples of requirements that may be necessary in order to visually depict what is happening in the field.
Display
No.
Display Title (Description)
Display Responsibility
Traffic Cameras
Operations Section
2 Media (News Outlets)
Management Section PIO
3 Incident Mapping
Planning Section
4 Weather
Operations Section
5 WebEOC
Operations Section
b
Incident Specific Data / Information
Operations Section
Figure 11: EOC Display Chart
EOC Joint Information Center (JIC)
To facilitate multi -agency public information communications and coordination, Temecula's Public Information Officer (PIO) may activate a Joint Information Center (JIC). A Joint Information Center is activated when multiple agencies need to collaborate to provide timely, useful, and accurate information to the public. The Conference Center at City Hall will serve as the primary location for the JIC.
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MUTUAL AID
California participates in a statewide mutual aid system that is designed to ensure adequate support is provided to jurisdictions whenever their own resources are exhausted. The basis for the system is the California Disaster and Civil Defense Master Mutual Aid Agreement.
Mutual Aid Agreements
The California Disaster and Civil Defense Master Mutual Aid Agreement creates a formal structure wherein each jurisdiction retains control of its own facilities, personnel, and resources, but may also receive or render assistance to other jurisdictions within the state. This Agreement was developed in 1950 and has been adopted by the state, all 58 counties and most incorporated cities in the State of California. State government is obligated to provide available resources to assist local jurisdictions in emergencies. It is the responsibility of the local jurisdiction to negotiate, coordinate and prepare mutual aid agreements. Mutual aid agreements exist for law enforcement, fire, public works, medical services, and emergency managers.
Mutual aid assistance may be provided under one or more of the following:
• California Disaster and Civil Defense Master Mutual Aid Agreement • Emergency Management Assistance Compact (EMAC)
• Law Enforcement Mutual Aid System
• Search and Rescue Mutual Aid System
• Fire Mutual Aid System
• Urban Search & Rescue
• Public Works Mutual Aid Agreement
• Emergency Managers Mutual Aid (EMMA)
• Coroner/Medical Examiner Mutual Aid
• Disaster Medical Mutual Aid System
• Riverside County Operational Area Agreement
• Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-705) Interstate Mutual Aid
Mutual aid may also be obtained from other states. Interstate mutual aid may be obtained through direct state -to -state contacts, pursuant to interstate agreements and compacts, or may be coordinated through federal agencies. In September of 2005, Governor Arnold Schwarzenegger signed legislation that makes California party to the Emergency Management Assistance Compact (EMAC), already in place in the 47 other contiguous states. This allows states to share emergency response resources immediately during a disaster without having to use valuable time reaching aid agreements.
Progressive Mobilization
Our statewide mutual aid system, operating within the framework of the California Disaster and Civil Defense Master Mutual Aid Agreement, allows for the progressive mobilization of resources to and from emergency response agencies, local governments, operational areas, regions, and state with the intent to provide requesting agencies with adequate resources. The general flow CITY OF TEMECULA 591 Page
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of mutual aid resource requests and resources within mutual aid systems are depicted in the diagram as follows:
Figure 12: City of Temecula Mutual Aid Flow Chart
Mutual Aid Coordination
Mutual aid coordination is essential to emergency operations. To help facilitate mutual aid requests, mutual aid coordinators are assigned at the State, Regional and Operational Area levels.
The role of a mutual aid coordinator is to receive and coordinate mutual aid requests. All unfilled requests will then move up to the next level. Some incidents do not require the activation of an CITY OF TEMECULA 601 P a g e
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Emergency Operations Center (EOC), therefore Mutual aid coordinators may function from either their normal departmental location or from an EOC.
Discipline -specific mutual aid representatives may be in various EOC sections, branches or units or may serve as an agency representative depending on how the EOC is organized and to the extent to which it is activated.
Figure 13: Discipline Specific Mutual Aid Systems
SEMS Emergency Fire and Law Other
LEVEL Services Rescue Enforcement Systems as
System System Developed*
Cal OES
Director Chief, Fire & Chief, Law Functional
STATE Rescue Enforcement
Coordinator Coordinator Coordinator
Cal OES
Regional ..
REGIONAL Administrator Fire & Rescue Law Functional
Coordinator Enforcement Coordinator
Coordinator
Emergency
OPERATIONAL Management Law
Fire & Rescue Functional
AREA Staff
Enforcement
Coordinator Coordinator
Coordinator
Emergency
LOCAL Management Law
GOVERNMENT Staff Functional
Fire Chief Enforcement
Coordinator
Coordinator
Resource Requests ' Includes Dlsasier MeckaifHeallh System (underdevelopment) Information Flow and Coordination
A significant component of our mutual aid system is volunteer and private agencies. These include agencies such as the American Red Cross and Salvation Army who mobilize to aid with mass care and shelter. During large-scale incidents that require mass care and sheltering, these agencies typically provide representatives to the Temecula Emergency Operations Center (EOC).
Many private agencies, churches, non -profits, and other organizations offer to provide their assistance during emergencies. If needed, Temecula's EOC may request that the agency provide a liaison to the EOC to help facilitate and coordinate mutual aid.
Mutual Aid Regions
To facilitate the coordination and flow of mutual aid, the State is divided into six Emergency Mutual Aid Regions by Cal OES numbered I -VI. They are further divided into Coastal Region CITY OF TEMECULA 611 Page
EMERGENCY OPERATIONS PLAN - 2023
(region II), Southern Region (regions I & VI) and Inland Region (regions III, IV & V). The City of Temecula is in Region VI, which is considered the Southern Region. The Southern Region headquarters is located at: 4671 Liberty Avenue, Building 283, Los Alamitos, California.
Mutual Aid Facilities
Mutual aid resources may be received and
California Regions processed at several types of facilities. They Monhern
GES Region !11
Inland
GE8 Region IV
Coastal
GES Region II
"Ilk
Yalley GER V goulhern
Reglon Y GES Iteglen VI
souh
13ES R i s
GES Region I Y
Figure 14: Cal OES Mutual Aid Regions
are:
• Marshalling Areas — An area used for the
complete assemblage of personnel and other
resources prior to their being sent directly to
the disaster area. Marshalling areas may be
established in other states for a catastrophic
event in California.
• Mobilization Center — An off -site location
where emergency services personnel and
equipment are temporarily located pending
assignment, release, or reassignment.
• Staging Areas — A location established where resources can be placed while awaiting a tactical assignment within a three -minute time frame.
Resource Tracking
Tracking of mutual aid resources occur at several levels. They are:
• Incident Level — Resources are tracked at the incident through the Resources Status Unit.
Leaders are assigned to track resources utilizing a check -in process and form ICS 203 (Organizational Assignment List) and form ICS 204 (Division/Group Assignment List). • EOC Level — During EOC activations, Temecula's EOC will process and track mutual aid resource requests ordered through the Riverside County Operational Area. Regional and State EOCs will process, and track requests utilizing the Response Information Management System (RIMS) and will assign a mission tasking number (for State Agencies & Search & Rescue) or a resource request number (for all other requests). • Fire Mutual Aid — Fire will track resources by using a resource ordering status system.
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EMERGENCY DECLARATIONS
When there is a condition of extreme peril or potential peril to the safety of persons and property, and the condition is beyond the capability of the local forces to control effectively, the local governing body (City Council, Board of Supervisors or a person authorized by ordinance) may proclaim that a local emergency exists. A local emergency may be proclaimed to exist due to a specific situation, such as flood, fire, storm, earthquake, epidemic, drought, sudden and severe energy shortage, or other condition. The type of disaster, date of occurrence and area affected are to be identified. A copy of the resolution must be provided to the Riverside County Operational Area for transmission to Cal OES.
As necessary, the Emergency Operations Center (EOC) will be activated and EOC staff will convene to evaluate the situation and make recommendations for a possible Local Declaration.
There are four types of emergency declarations possible: Local, State of Emergency, State of War Emergency, Presidential Declaration.
Local Declaration
A local emergency may be proclaimed by the City Council or by the City's Director of Emergency Services (City Manager) as specified by City of Temecula ordinance 2.56. A local emergency proclaimed by the Director of Emergency Services must be ratified by the City Council within 7 days. The governing body must review the need to continue to proclamation at least every 30 days until the Local Emergency is terminated. The Local Emergency may be terminated by resolution when conditions warrant. Proclamations are normally made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the city caused by natural or man-made situations. The proclamation of a Local Emergency provides the governing body with the legal authority to:
• Request to the County that the Governor proclaim a State of Emergency • Promulgate or suspend orders and regulations necessary to provide for the protection of life and property, including issuing orders or regulations imposing a curfew within designated boundaries
• Exercise full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements • Request county agencies and local jurisdictions to provide mutual aid • Require the emergency services of any local official or employee • Requisition necessary personnel and materials from any local department or agency • Obtain vital supplies and equipment and, if required, immediately commandeer the same for public use
• Impose penalties for violation of lawful orders
• Conduct emergency operations without incurring legal liability for performance of failure of performance (see Article 17 of the Emergency Services Act) State of Emergency
A State of Emergency may be proclaimed by the Governor when:
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• Conditions of disaster or extreme peril exist which threaten the safety of persons and property within the state caused by natural or man-made incidents • The Governor is requested to do so by local authorities • The Governor finds that local authority is inadequate to cope with the emergency • Mutual aid shall be rendered in accordance with approved emergency plans when the need arises in any county, city and county, or city for outside assistance When a State of Emergency has been proclaimed:
• The Governor shall, to the extent deemed necessary, have the right to exercise all police power vested in the state by the Constitution and the laws of the State of California within the designated area
• Jurisdictions may command the aid of citizens as deemed necessary to cope with an emergency
• The Governor may suspend the provisions of orders, rules or regulations or any state agency and any regulatory statute or statute prescribing the procedure for conducting state business
• The Governor may commandeer or make use of any private property or personnel (other than the media) in carrying out the responsibility of their office • The Governor may promulgate, issue, and enforce orders and regulations deemed necessary
State of War Emergency
Whenever the Governor proclaims a State of War Emergency, or if a State of War Emergency exists, all provisions associated with a State of Emergency apply, plus the Director of Emergency Services (City Manager) is empowered:
• (Governor) All state agencies and political subdivisions are required to comply with the lawful orders and regulations of the Governor which are made or given within the limits of his authority as provided for in the California Emergency Services Act • (Director of Emergency Services) To make and issue rules and regulations on matters reasonably related to the protection of life and property; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council • To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use within the confines of the city ordinances and state law
• To require emergency services of any city officer or employee and to command the aid of as many citizens of the City as necessary in the execution of these duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers
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• To requisition necessary personnel or material of any City department or agency; and • To execute all the special powers conferred upon the Director of Emergency Services by ordinance or by resolution or emergency plan adopted by the City Council, all powers conferred upon the Director of Emergency Services by any statute, by any agreement approved by the City Council, and by any other lawful authority In the event the Director of Emergency Services is unavailable or is otherwise unable to perform the assigned duties during a local emergency, state of emergency, or state of war emergency, individuals listed in the lines of succession automatically serve as Director of Emergency Services.
Presidential Declaration
If an emergency is beyond the ability of local and state government to manage effectively, the City Council may pass a resolution asking the Director of the California Office of Emergency Services (CaIOES) may recommend that the Governor request a Presidential Declaration of Major Disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act which provides the authority for the Federal government to respond to disasters and emergencies.
The Governor's Request to the President is submitted through the Federal Emergency Management Agency (FEMA). Supplementary justification data may be required to accompany the local resolution (certified copy) and Damage Assessment Survey.
Following a Presidential Declaration, federal assistance is available to supplement the efforts and resources of state and local governments to alleviate public and the private sector damage and loss. Financial assistance will be made available to provide support to:
• Individual assistance to the private sector
• Matching fund assistance for cost sharing required under federal disaster assistance programs (subject to state eligible project criteria)
• Local agency overtime costs and the costs of supplies used during eligible disaster response projects
• Assistance to repair, restore, reconstruct, or replace public real property or public facilities belonging to local agencies damaged as a result of natural disasters • Indirect costs
• Direct costs of grant administration
Local Proclamation —Termination of Local Emergency
The City Council must review the need for continuing the local Emergency Proclamation at least every 60 days and proclaim the termination at the earliest possible date.
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Government Code Section No. 8630
"(a) A local emergency may be proclaimed only by the governing body of a county, city and county, city, or port district or by an official designated by ordinance adopted by that governing body.
(b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.
(c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant."
When a county proclaims a local emergency pursuant to Section 8630 of the Government Code, based upon conditions which include both incorporated and unincorporated territory of the county, it is not necessary for the cities to also proclaim the existence of a local emergency independently. Further, cities within a county are bound by county rules and regulations adopted by the county pursuant to Section 8634 of the Government Code during a county proclaimed local emergency when the local emergency includes both incorporated and unincorporated territory of the county even if the cities do not independently proclaim the existence of a local emergency.
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EMERGENCY COMMUNICATIONS
To ensure that necessary communications are not disrupted, the City of Temecula has identified alternatives for emergency communications and are described below. These systems are tested regularly to ensure that everything is in good working order and able to transmit and receive in a multitude of conditions.
Emergency Operations Center Communications
The City of Temecula Emergency Operations Center (EOC) has a dedicated communications room that provides the EOC with primary and redundant communications with city staff, police, fire, and county agencies. This capability ensures that the proper coordination can occur during any incident when the EOC is activated. Communications systems include:
• Riverside County Fire VHF
• Riverside County Sheriff 900MHz PSEC
• Temecula Unified School District VHF
• HAM Radio
• Disaster Net Radio
• City 800 MHz Radio
800-Megahertz Radio System
The City of Temecula has an 800 Megahertz (MHz) public safety radio communications system that consists of radio repeaters, mobile units, handheld transceivers (HT) and base stations that operate on the Public Safety band. Two repeated 800 MHz systems are utilized citywide for primary and secondary back up coverage.
The city is licensed under part 90 of the Federal Communication Commission (FCC) rules and regulations to operate. This includes one repeater channel with five tones and one simplex / talk around channel within the public safety 800 MHz band.
Radio channels are assigned into service groups:
• General Services
• City Tactical
• Public Safety
During a declared or identified emergency or incident, emergency communications supersede day-to-day business communications.
Satellite Telephone System
The City of Temecula has a number of dedicated satellite telephones that are issued to designated city staff in the event of an emergency where radio and cellular communications are CITY OF TEMECULA 671 Page
EMERGENCY OPERATIONS PLAN - 2023
inoperable. These systems are tested on a monthly basis and are kept in good working order to ensure availability during an incident.
Amateur Radio
The City of Temecula's Citizen Corps has Radio Amateur Civil Emergency Services (RACES) qualified individuals who operate on HAM radio frequencies in support of governmental emergency communications. The Temecula Citizen Corps (TCC) RACES communicators can augment existing systems and establish communications links with otherwise inaccessible areas and during citywide power disruptions. These members play an important role in emergency communications for the city. Not only do they provide alternate communications in an emergency when needed, they are capable of sending live video and audio from the incident site to our City's Emergency Operations Center (EOC) via the HAM radio frequencies.
During emergency incidents and special events, the TCC is activated by the Office of Emergency Management at the request of the city, fire, or police. During an EOC activation, the group is activated through the Operations Section and works within the Communications Unit of the Logistics Section. Additionally, the TCC radio operators are tasked with maintaining and operating the EOC communications room which is outfitted with all necessary and redundant communications systems needed during a disaster or emergency.
Disaster Net Radio
The City of Temecula also utilizes the low band "Disaster Net" radio system to communicate with Riverside County's primary and alternate Emergency Operations Centers along with neighboring jurisdictions and districts during an emergency where all forms of communication have been lost.
This system uses a low frequency band and has back-up frequencies in case of an outage of the primary channel.
Mobile Radio Communications
Mobile radio communications are available using the Office of Emergency Management (OEM) vehicle and the Citizen Corps deployable trailers and vehicles. These vehicles and trailers are capable and equipped with the City's 800 MHz (mobile) radio system both in the form of mobile units and handheld radios.
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HAZARD MITIGATION AND HAZARD ANALYSIS
Hazard mitigation is defined as any action taken to reduce or eliminate the long-term risk to human life and property from natural or man-made hazards. Section 409 of Public Law 93-288, requires, as a condition of receiving federal disaster aid that repairs and construction be done in accordance with applicable codes, specifications, and standards. It also requires that the state or local government recipient of federal aid evaluate the natural hazards of the area in which the aid is to be used, and take action to mitigate them, including safe land use and construction practices.
To be effective, hazard mitigation actions must be taken in advance of a disaster. After disaster strikes, mitigation opportunities exist only during recovery and even those opportunities can be limited by the absence of advanced planning. Nevertheless, the immediate post -disaster period does present special opportunities for mitigation. Section 409 deals with the opportunities presented in a current disaster to mitigate potential hardship and loss resulting from future disasters. Hazard mitigation is a continuing effort in which all -local communities and state agencies are encouraged to prepare hazard mitigation plans that identify ways to reduce damage caused by disasters.
Local Government Responsibilities
The key responsibilities of local governments are to:
• Participate in the process of evaluating hazards and adoption of appropriate hazard mitigation measures, including land use and construction standards. • Appoint a Local Hazard Mitigation Officer, if appropriate. • Participate on Hazard Mitigation Survey Teams and Inter -agency Hazard Mitigation Teams, as appropriate.
• Participate in the development and implementation of Section 409 plans or plan updates, as appropriate.
• Coordinate and monitor the implementation of local hazard mitigation measures.
Local Hazard Mitigation Plan (LHMP)
The City of Temecula, in coordination with Riverside County and its jurisdictions, participates in the county -wide multi -jurisdictional local hazard mitigation plan, called the Riverside Operational Area Multi -Jurisdictional Local Hazard Mitigation Plan. This plan is pursuant to the Disaster Mitigation Act (DMA) of 2000 (Public Law 106-390), signed into law bythe President of the United States on October 30, 2000, to amend the Robert T. Stafford Disaster Relief Act of 1900. This new legislation reinforces the importance of pre -disaster infrastructure mitigation planning to reduce disaster losses nationwide.
The Temecula City Council approved the current LHMP on 23 October 2018 (Resolution 18-69).
The LHMP will undergo its required five-year update in 2022 with submission to Riverside County for inclusion into the Operational Area plan in February of 2023.
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Hazard Mitigation Grant Program (HMGP)
The Hazard Mitigation Grant Program (HMGP) provides grants to states and local governments to implement long-term mitigation measures after a major disaster declaration. The purpose of HMGP is to reduce the loss of life and property due to a natural or man-made disaster and to enable mitigation measures to be implemented during the immediate recovery from a disaster.
The HMGP is authorized under Section 409 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
The HMGP is only available to applicants who reside within a Federally declared disaster area.
Eligible applicants are:
• State and local governments
• Indian tribes or other tribal organizations
• Certain non-profit organizations
Although individuals may not apply directly to the state for assistance, local governments may sponsor an application on their behalf.
The amount of funding available for the HMGP under a particular disaster declaration is limited.
The program may provide for up to 7.5% of the total disaster grants awarded by the Federal Emergency Management Agency (FEMA). States that meet higher mitigation planning criteria may qualify for a higher percentage under the Disaster Mitigation Act of 2000. FEMA can fund up to 75% of the eligible costs of each project. The grantee must provide a 25% match.
Hazard Analysis
The City of Temecula has identified hazard risks to various natural, technological, and man-made emergencies and disasters. The matrix below identifies these hazards and their likelihood of occurrence within our city. Specific threat assessments are located in the Threat Summary section (following the Hazard Analysis) within this EOP.
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Figure 15: Hazard Matrix — Likelihood of Occurrence
Hazard
Infrequent
Sometimes
Frequent
Impact on City
(Depending on Severity)
I Low
Moderate
High
Earthquake 5.0
and 7.0
X
X
Hazardous
Materials
X
X
X
X
Wildfire
X
X
X
X
Flooding
X
X
X
X
Dam Failure
X
X
X
Transportation
Emergencies
X
X
X
X
Civil Unrest
X
X
X
Power Outage
X
X
X
Terrorism
X
X
X
Public Health
Emergency
X
X
X
X
Nuclear Incident
X
X
X
X
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CITY OF TEMECULA THREAT ASSESSMENT SUMMARY
This section of the Emergency Operations Plan consists of a series of threat assessments. The purpose is to describe the area at risk and the anticipated nature of the situation, which could result should the event threaten or occur.
City Overview
The City of Temecula is an incorporated city within Riverside County in the Southwestern portion of the County. The Temecula of today encompasses both Old Town Temecula and a portion of the planned community of Rancho California. Since its incorporation, Temecula has improved upon the original blueprint and created a desirable community with exceptional public safety, community services, recreational amenities, and a robust economy. In 2021, the city had an estimated population of 110,846. The population breakdown is as follows:
• Population under age 5: 7%
• Population between the ages of 5-18: 29.1%
• Population between the ages of 19-64: 46.6%
• Population ages 65 and older: 10.5%
• Population of Temecula that is Female: 51%
The City's development is a mixed combination of residential, commercial, and industrial buildings. It is a moderate and densely populated community with 3.24 persons per occupied dwelling unit. Here, it ranks in the lower half of the inland region's major cities. Temecula's rapid retail sales growth has placed it the top 5 highest volume of the 48 Inland Empire cities and ranked in the top 13% of the State of California. Numerous large and highly technical operations have already chosen to locate within the city. They are sectors like medical instruments, semiconductors, measuring and control devices, communication equipment, specialty machining and programming. The mean property value in Temecula is $464,900 with a median household income of $98,631 per year.
Temecula is 37.27 square miles in size and is located 30 miles south of the County seat, the City of Riverside. Temecula sits north of and adjacent to San Diego County with the County line just to the south. The City's eastern and western boundaries are with Riverside County jurisdictions and to the north is the City of Murrieta.
Murrieta Creek, which is a pathway from the Lake Skinner Reservoir, is on the western portion of the city and runs north/south. Temecula Creek, which is a pathway from the Vail Lake Reservoir, is on the southern portion of the city and runs east/west. The two creeks combine to form the Santa Margarita River in the extreme southwest portion of the jurisdiction and runs through the mountains into Marine Corps Base Camp Pendleton ending at the Pacific Ocean. The Santa Margarita Mountains run along the western portion of the jurisdictions.
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Temecula enjoys welcoming weather year-round, often characterized as a Mediterranean climate with warm, dry summers, and cool winters with relatively low rainfall. Also significant is the valley's general weather pattern of morning mist, warm midday sun, cooling afternoon ocean breezes, and cooler nights. The City of Temecula has a mean yearly temperature of 62.6 degrees with an average high temperature of 87.4 degrees and an average low temperature of 43.3 degrees. The warmest month of the year is August while the coldest is December. These weather factors combined with the perfect balance of great geography create an ideal environment for experiencing a variety of outdoor activities. Temecula experiences an average annual rainfall of
9.36 inches.
The Temecula Valley Unified School District (TVUSD) covers 213 square miles (north to French Valley, south to the San Diego County line, east to Vail Lake, and, west to the Temecula city limit.
TVUSD began operations as a unified school district in 1989. Currently, there are seventeen elementary schools, six middle schools, three comprehensive high schools, one continuation high school, one independent study high school, one virtual school, two charter schools, and one adult school in the district for a total of thirty-two schools. TVUSD has a total number of 2,800 employees of which 1,300 are teachers and 1,500 are in non -teaching positions.
Infrastructure and Facilities
The primary transportation route through Temecula consists of a single multi -lane State Freeway (Interstate 15 [1-15]) traversing Temecula from the San Diego County line to the south and the City of Murrieta to the north and is maintained by Caltrans. Supplementing the 1-15 are three east -west routes which bifurcate the freeway and span the entire length of the city. These roads are city maintained with two being share by Caltrans due to being State Highways 79 North and 79 South.
Numerous lesser roads and drives, some private, make up the balance of the thoroughfares throughout the city. These north -south routes include Ynez Road, Margarita Road, and Butterfield Stage Road.
City traffic is compounded twice daily Monday through Friday by the traffic of over 177,000 commuters, who travel through to areas beyond Temecula's city limits. During summer months and holidays, it is estimated that over 150,000 beach goers from across the county use the City's network of roadways each day. The Riverside Transit Agency maintains five bus routes through the city. Utilities are provided by Frontier Communications, Spectrum Communications, Southern California Edison, Southern California Gas Company, Rancho California Water District, Metropolitan Water District, Eastern Municipal Water District with supporting facilities for these services located in various areas within Temecula's City limits.
Business, Recreation, and Services
There are several commercial and business corridors within the Temecula area that reside on both the east and west sides of the 1-15 freeway. The largest commercial district is on the west side of the freeway along Diaz Road and Jefferson Road known as the Uptown District. On the eastern side there are multiple areas of business and services. The Promenade Mall off Winchester Road (Hwy 79N) is a large area comprised of shopping and other food and CITY OF TEMECULA 741 Page
EMERGENCY OPERATIONS PLAN - 2023
commercial businesses. In addition to these locations, Rancho California Road and Temecula Parkway (Hwy 79S) include other small businesses, commercial areas, and service stations.
Medical facilities are limited to Temecula Valley Hospital, numerous urgent care facilities, and several physician's offices; most located along the Highway 79S corridor. Emergency medical service including ambulances and paramedic support is provided by a contract with American Medical Response (AMR) through Riverside County's Emergency Medical Services Agency (REMSA). Additional medical supplies as well as other disaster supplies are in storage containers at locations across Temecula. These disaster supplies can be accessed by the City of Temecula Fire Department (Riverside County / CALFire), City staff or Community Emergency Response Team (CERT) volunteers. Numerous medical professionals reside in Temecula and represent a valuable resource as a volunteer medical team to assist paramedics during an incident. The City of Temecula Fire Department (under contract with CALFire / Riverside County Fire) will respond to any Hazmat incident with a specialized HAZMAT unit from Riverside County Fire Department.
Minimum response time is approximately 30 minutes.
Temecula has over 39 parks, 22 miles of trails and 11 major community facilities. Temecula has also been names a Bronze Level Bicycle Friendly Community and was names a Playful City. The Pennypickle's Workshop was a winner of Nickelodeon's Parent's Pick Award for Best Museum and Best Kids Party Place. Temecula's Sports Parks include the Ronald Reagan Sports Park, the Patricia H. Birdsall Sports Park, and the Somers Bend Sports Complex.
Notification Systems
The City of Temecula currently employs an emergency mass notification system, Motorola Command Central Notify, that is used in the event of major disasters, emergencies, or evacuations to send urgent, critical, and actionable information. The system includes multiple methods in which to notify the community depending upon the information provided during enrollment. Landline phone numbers, cellular phone numbers, e-mail addresses and street addresses can all be entered into the system and used to geo target a specific location during an event which enables the city to target their notifications.
The system is also capable of sending Wireless Emergency Alerts (WEA), which alerts all cell phone users within reach of activated cell phone towers and does not require that people subscribe. The City also maintains a telephone Hotline, (951-506-5111) for traffic hazard advisories, incident updates and for evacuation and other emergency instructions.
Incident Consequences
In the event of a major earthquake, the possibility of Temecula becoming isolated and completely without services of any kind is very real. The potential for disaster is always present; therefore, planning for local emergencies must include water, food, clothing, and shelter for a prolonged period. Temecula's infrastructure of critical services is fragile and vulnerable even during minor incidents. A typical minor accident on the 1-15 Freeway results in a substantial amount of back up and forces drivers onto local roads resulting in major congestion across the city.
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The City of Temecula does not have its own police or fire department but relies on the County of Riverside and the State of California for provision of these services. The city also relies on local volunteer organizations for assistance in emergency communications and other necessary emergency services.
During the response phase of any major incident or emergency, the Riverside County Sheriff's Southwest Station Watch Commander is the coordination and communication point as well as the access point to the Riverside County Operational Area for law enforcement and the Riverside County Fire Department / CALFire Division Chief for Temecula will be the coordination and communication point for fire and emergency medical response. The Emergency Manager will be the coordination and communication point to the Riverside County Operational Area for all matters related to Emergency Management.
Temecula city staff have been designated to coordinate EOC functions in the event of an activation however, city staff may be insufficient to conduct the tasks for more than one operational period or due to the inability to report. Should the need to augment the EOC with additional personnel arise, the city will rely on assistance from its trained and registered volunteers, sister city EOC staff and Riverside County Emergency Management.
The City of Temecula is vulnerable to a wide range of threats and hazards. In the past, Temecula has experienced major emergencies such as earthquakes, floods, wildfires, and transportation related incidents. These, and other emergency incidents, could occur at any time and without warning. Consider the following:
• A major earthquake occurring in Temecula could have a catastrophic impact and effects on the population
• A major earthquake could result in major flooding from a local dam breach • A transportation incident could affect areas within the city. Interstate 15 bifurcates the city and is a major source of congestion daily. A major aviation accident from the surrounding French Valley Airport has occurred within the city limits. • Temecula has many industrial businesses that have hazardous materials on site posing a serious threat during an incident such as an accident, fire, earthquake, or a terrorist incident.
• A civil unrest incident, as well as a terrorist incident, could affect areas within the city or the entire city.
Any single incident as well as a combination of events could require evacuation and/or sheltering of the population. The Riverside County Sheriff's Office is the lead agency to execute evacuations.
The American Red Cross will be notified if shelter assistance is needed beyond the capabilities of the city to handle. During a large-scale disaster whereby, the American Red Cross is inundated with requests, City of Temecula Mass Care and Shelter Team personnel will continue to manage the shelter if possible. Temecula has on hand two Mass Care and Shelter Trailers with cots and supplies needed to activate a shelter.
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The following threat assessments identify and summarize the hazards that could affect the City of Temecula:
Threat Assessment 1: Major Earthquakes
The City of Temecula is located near several known active and potentially active earthquake faults including the Elsinore Fault, San Jacinto Fault, San Andreas Fault, and the Rose Canyon Fault. The major potential for earthquake damage to Temecula is from activity along the San Jacinto Fault.
The San Jacinto fault line is located approximately 50 miles to the East of Temecula.
In the event of an earthquake, the location of the epicenter as well as the time of day could have a profound effect on the potential number of deaths and casualties. An earthquake occurring in or near this area could result in property damage, environmental damage, and disruption of normal government and community services and activities. The effects could be exacerbated by collateral damage such as fires, flooding, hazardous materials spills, utility disruptions, landslides, transportation failures and possible dam failures.
Significant damage to buildings and infrastructure could occur due to severe ground shaking. The community needs could quickly exceed the response capability of the City of Temecula's emergency management organization, requiring mutual aid from across the county and/or region. Response and disaster relief support could be required from the county, state, and federal government.
The primary consideration during an earthquake is the preservation of life. Emergency response will include providing shelter to displaced citizens and restoring basic needs and services. A major effort will be made to remove debris and clearing of roadways, demolition of unsafe structures, assisting in the reestablishment of public services and utilities while providing care for affected citizens. After any earthquake, there could be a loss of income. Individuals could lose wages due to business closure or damage to goods. Economic recovery is critical to our community.
Types of Faults
A fault is a fracture in the earth's crust whereby two blocks of the crust have slipped with respect to each other. Faults are divided into three main groups, depending on how they move. A
• A: Strike -slip (lateral) Faults — These occur in response to either type of stress. The blocks move horizontally past one another.
• B: Normal Faults — These occur in response to pulling or tension. The overlying block moves down the dip of the fault plane.
Figure 16: Types of Faults
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• C: Thrust (reverse) Faults — These occur in response to squeezing or compression. The overlying block moves up the dip of the fault plane.
Local Faults
There are several fault lines that pass through or are near the City of Temecula. The fault of most interest is the Elsinore Fault. The Elsinore Fault line passes through the western portion of the city and spans both sides of the 1-15 Freeway. The fault is a right -lateral strike slip fault and is about 180km in length with a slip rate of roughly 4.0 mm/year. The Elsinore fault has the capability of producing a temblor of a 6.5 to 7.5 magnitude. The most recent rupture on record was recorded on the 15th of May of 1910 and was a magnitude 6.0.
The Elsinore fault zone is one of the largest in southern California, and in historical times, has been one of the quietest. The southeastern extension of the Elsinore fault zone, the Laguna Salada fault, ruptured in 1892 in a magnitude 7 quake, but the main trace of the Elsinore fault zone has only seen one historical event greater than magnitude 5.2 -- the earthquake of 1910, a magnitude 6 shock nearTemescal Valley, which produced no known surface rupture and did little damage.
11 ' ..J ....
Figure 17: Elsinore Fault Line — City of Temecula
The San Jacinto Fault extends 125 miles from near El Centro to near San Bernardino intersecting freeways 10, 215, and 60. This fault is a right -lateral strike -slip and minor right -reverse fault. The slip rate is typically between 7 and 17mm/year and capable of producing an earthquake between
6.5M and 7.5M. The last known quake on this fault line was on the 9t" of April 1968 and registered a magnitude 6.5 on the Coyote Creek segment of the fault line.
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Figure 18: Temecula Fault Lines
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The San Andreas Fault passes between 80-100 miles to the east of Temecula. There are only two large known historic earthquakes on the San Andreas Fault in Southern CA, the most recent in 1857, and before that one in 1812. With about 45 years between the historic earthquakes but about 160 years since the last one, it is clear that the fault does not behave like a clock with a regular beat. Historic information doesn't provide enough data to establish whether or not there is a pattern in the timing of earthquakes, but paleoseismology has provided an abundance of data.
Along the southernmost San Andreas, from Palm Springs to the Salton Sea, earthquakes happen infrequently, about every 200-300 years. The most recent earthquake occurred during the time of Spanish exploration, about 300 years ago, but there is no historic record of the event. Instead, radiocarbon dating provides the age of the most recent earthquake and six more that occurred since about 800 A.D. In total, the fault stretches from Northern California to the Mexican border and is over 600 miles long. The San Andreas Fault has the potential for producing an 8.3 magnitude earthquake.
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Figure 19: San Andreas Fault — Historical Timeline
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The western portion of the county can expect strong to severe ground shaking generated by movement along these active faults. The cities most at risk for damage from close proximity to faults include Banning, Calimesa, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indio, Lake Elsinore, Moreno Valley, Murrieta, Palm Springs, San Jacinto, and Temecula. ye R
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Figure 20: Riverside County Fault Zones / Lines
Community needs would likely require emergency management mutual aid from other counties, states, or federal agencies plus coordinating support from volunteer and private agencies.
Individuals should also plan to provide for themselves and their families in the aftermath of an earthquake.
Earthquake Strength
The strength of an earthquake is generally expressed in two ways: magnitude (Richter scale) and intensity (modified Mercalli intensity scale). The magnitude is a measure that depends on the seismic energy radiated by the earthquake as recorded on seismographs. An earthquake's magnitude is expressed in whole numbers and decimals (e.g., 6.8). The intensity at a specific location is a measure that depends on the effects of the earthquake on people or buildings.
Intensity is expressed in Roman numerals or whole numbers (e.g., VI or 6). Although there is only one magnitude for a specific earthquake, there may be many values of intensity (damage) for that earthquake at different sites. A comparison of both the Richter Scale and Modified Mercalli Scale is as follows:
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Figure 21: Comparison of Richter Magnitude and Modified Mercalli Intensity Richter
Magnitude
Expected Modified Mercalli
Maximum Intensity (at Epicenter)
2 1— II
Usually detected only by instruments
3 111
Felt indoors
4 IV — V
Felt by most people; slight damage
5 VI — VII
Felt by all; many potentially frightened and could run outdoors; damage moderate to major
6 VII — Vill
People running outdoors more frequent; damage moderate to major
7 IX — X
Major Damage
8+
X - XII
Total and major Damage
California Earthquakes
California has many active earthquake faults. In 2014, California saw more than 191 earthquakes that registered more than a Magnitude 3 (M3) on the Richter Scale. In 2015, there were a total of 130 earthquakes of M3 or greater that were registered. So far in 2022, there have been 32 quakes measuring 2.5+ on the Richter scale.
Liquefaction
Liquefaction is a phenomenon involving
the loss of shear strength of a soil. This
happens when soil that is loosely packed,
waterlogged sediments lose their strength
in response to strong shaking and can
cause major damage during earthquakes.
During the 1989 Loma Prieta earthquake,
liquefaction of the soils and debris used to
fill in a lagoon caused major subsidence,
fracturing, and horizontal sliding of the
ground surface in the Marina district of
San Francisco.
Although Temecula has not seen evidence
of liquefaction events occurring in the
community, the City of Temecula has
identified areas of liquefaction
susceptibility from very low with deep
groundwater to very high with shallow
groundwater. In the adjacent graphic,
liquefaction areas are identified in yellow.
Figure 22: Temecula Liquefaction Zones
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Expected Damage from a Major Earthquake
Damage to public services may include disruption of communications, water, sanitation, electrical power, natural gas, petroleum fuels; damage to highways and bridges, hospitals; and disruption of public safety operations.
Fires
Numerous fires due to disruption of power and natural gas networks can be expected. Electrical shorting, gas explosions, unsecured water heaters and chemical fires. Fire caused 90% of the damage during the 1906 San Francisco earthquake. Damage to water supply lines will significantly reduce the effectiveness of conventional firefighting methods. Fire involving hazardous materials will require additional resources to mitigate.
Communication
System failure, overloading and loss of electrical power will most likely affect local telephone systems. The 9-1-1 system may be overloaded immediately following a major earthquake. Radio systems are expected to operate at 40% effectiveness within the first 12 hours following a major quake. Loss of redundant systems and potential loss of repeater towers will significantly impact this capability.
Electrical Power
Transmission lines are the most vulnerable during an earthquake. They are subject to extensive earthquake induced land movement and slides, especially during the wet months. Transmission lines can be put out of service by conductors swinging together short circuiting the system and taking them out of service, and also by broken lines due to increased tension from the surface fault movement. Damage to substations may cause outages. Repairs to electrical equipment requires physically clearing the roadways, and movement of specialized equipment. Restoration of local electrical power will be coordinated with regional and local utility representatives. Up to 60% of the system load could be interrupted immediately following the initial earthquake shock wave. Much of the affected area may have service disrupted for days and severely damaged areas could take much longer to repair.
Natural Gas
Damage to natural gas facilities may consist primarily of isolated in major transmission lines.
Breaks in mains and individual service connections within the distribution system may be significant, particularly near the fault zones and/or the epicenter. Two (2) 30-inch diameter lines cross the San Andreas in the San Gorgonio Pass. These transmission lines, running the entire width of Riverside County and crossing all three major faults, provide 40% of the natural gas distributed throughout all Southern California. There is a risk of fire at various rupture sites.
Water
Water availability is a major concern as well within the City of Temecula. Water is necessary in the performance of work that supports life and the treating of the sick and injured as well as for fire suppression. If damage occurs to water reservoirs, potable water will have to come from CITY OF TEMECULA 821 Page
EMERGENCY OPERATIONS PLAN - 2023
surrounding areas. Water wells may not be functioning due to damage, loss of electricity and a lack of back-up power systems.
Sanitation Systems
Overflow of sewage through manholes and ponds can be expected due to breakage in mains as well as from a loss of power. As a result, there could be a danger of excessive collection of explosive gas in sewer main and flow of untreated sewage into some street gutters. May household sewer connections will break and plug, causing them to be inoperative.
Petroleum Fuels
Many pipelines cross the San Andreas and San
Jacinto faults. Additionally, there are major
transmission and high-pressure distribution lines
that run through the city and adjacent to the
Elsinore fault. Pipeline breakage is expected and
there is a possibility of fire and explosion where
the failures occur.
Highways & Bridges
Temecula has one freeway and two major
highways that run through the city. They are Pipelines
Interstate 15 and Highway 79 North and South.
High Pressure Mtnbutf°n Lines
There are also several bridges that cross two .....
major creeks (Temecula & Murrieta) with the
Figure 23: Gas Transmission Lines
possibility of collapse or significant damage that
would isolate citizens and certain parts of the city from first responder aid. This will also make it difficult to transport rescue equipment into and out of the affected areas. Significant damage is expected on surface streets. Debris, falling electrical wires and poles, and pavement damage will block many of the streets.
Dam Rupture
Temecula is located within the vicinity of three (3) dams that could affect thousands of residents.
There is some potential of dam rupture during an earthquake. From the time of complete failure to inundation there could be as little as 15 minutes which would not be enough time to issue a warning to the public and initiate evacuations. Failure of the dam at Vail Lake would result in extensive flooding along the downstream watercourse. Failure of the dams at Lake Skinner and Diamond Valley Lake would affect the city on the northern end however, the lead time for warning the public is much greater.
Airport
The French Valley Airport, a general aviation field, is in Southwest Riverside County, adjacent to the communities of Temecula, Murrieta, and Winchester. It is located on Highway 79, and it is only minutes away from Interstate 15 and the 215 Corridor which are distinguished by a proliferation of high-tech and manufacturing businesses. The airport covers an area of 261 acres CITY OF TEMECULA 831 Page
EMERGENCY OPERATIONS PLAN - 2023
and contains one asphalt paved runway and is 6,000 feet long. French Valley Airport may be utilized to ferry in aid as a small transfer site from the larger location, March Air Reserve Base, located in Moreno Valley. There is a potential for the control tower to be damaged and the air traffic might have to be controlled by an alternate command center or mobile unit.
Critical Facility Damage
There is one hospital located within the City of Temecula, Temecula Valley Hospital (TVH). TVH is located approximately 5 miles east of the 1-15 freeway on highway 79S. This could present a major problem depending on the type of damage and road blockages. The hospital is located within a few miles of the Elsinore Fault. If the earthquake damaged our local hospital, patients would be transported to nearby hospitals or field hospitals.
Expected Structure Damage
Depending on the location of the earthquake, we can predict what types of damage might occur to certain types of structures.
• Single-family homes — might suffer some structural damage and loss of contents. Wood frame homes should sustain light damage.
• Mobile homes — these types of homes would be subject to shifting off their foundation supports. Attached awnings, porches and skirting could be subject to separation along with utilities possible being sheared off.
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Threat Assessment 2: Hazardous Materials
Hazardous materials are any substance or combination of substances that may pose a risk to human health and safety or the environment. Hazardous materials include toxic, corrosive, infectious, flammable, explosive and radioactive substances. Federal, state, and local governments have enacted a variety of laws and established programs to deal with the transport, use, storage, and disposal of hazardous materials to reduce the risks to the public health and environment.
Hazardous materials incidents can happen anywhere and at any time, however, there are certain areas within the city that are at a higher risk than others. Roadways and railways that are used to transport hazardous materials have increasing potential as well as industrial facilities that use, store, and dispose of such materials. Releases of explosive, caustic, and flammable materials can cause many injuries and deaths as well as large-scale evacuations to sheltering -in -place.
Transportation Accidents
Using the Riverside County Hazardous Materials Response Program and Response Plan, hazardous materials response is provided to the City of Temecula by Riverside County Fire Department Hazardous Materials Response Team. A hazardous situation in the City of Temecula would most likely involve either transportation hazards by truck, storage of hazardous materials within a business or illegal dumping of hazardous waste.
Transportation trucks heavily travel the 1-15 freeway corridor through the city limits. An accident involving hazardous materials could require major evacuations of the surrounding areas as well as the rerouting of traffic or complete closure of the freeway. Extensive decontamination of affected areas would need to occur. Of concern are the numerous transportation vehicles that transit the city with hazardous substances that are not known. From chlorine gas to anhydrous ammonia, many differing types of hazardous materials transit our area on a daily basis.
Illegal Dumping
Although there are many rules and regulations in place regarding the disposal of hazardous waste, illegal dumping does occur. It is anticipated that as the costs and restrictions increase for the legitimate hazardous waste disposal sites, illegal dumping will increase proportionately. The Hazardous Material Branch of the Environmental Health Services Division of the Riverside County Health Department operates a hazardous waste program. The Hazardous Materials Branch inspects those involved in generating, hauling, storage, treating and disposing of these wastes.
The branch also operates mobile household hazardous waste events and checks loads at local landfills for hazardous waste materials.
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Threat Assessment 3: Wildfire
The City of Temecula contract with the Riverside County Fire Department through CALFire for fire services. CALFire is an all-risk fire protection agency with primary responsibility for protection of approximately 33 million acres from wildfires in the State of California. The Headquarters for the CALFire Riverside Unit is in the City of Perris.
Based on geographical makeup and climactic conditions, Riverside County is statistically one of the most active wildfire counties in the state. In previous years, June to October were the primary months of the typical fire season. In 2022, there is no true fire season anymore, wildfires occur across the state and county year around. Cities and unincorporated areas face a serious threat from wildfires. Dry seasons and flammable brush coupled with record setting drought contribute to this serious threat, as well as high temperatures, low humidity, and high winds. Below average rainfall is an ever -evolving concern for fire agencies.
In May of 2014, San Diego Count experienced a
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swarm of 20 wildfires driven by Santa Ana
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conditions, a heat wave, and historic drought
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Temecula has several areas of concern locally for San&9190*�_i San Diego Chula V'ata
wildfires. They are: De Luz and De Luz Canyon ,
Imper, aIaea h
which are located to the west of Temecula and
along Rancho California Road; Rainbow Canyon, Tijuana La Pm3a Rural .
located to the southeast of the 1-15 freeway and Figure 24: San Diego Firestorm Map 2014 adjacent to the Pechanga Casino; Santa Margarita
Ecological Reserve, located to the southwest of Temecula at the end of Highway 795; the Agua Tibia Wilderness located adjacent to and behind the Pechanga Indian Reservation and the Santa Rosa Plateau located northwest in the mountains and behind the City of Murrieta.
CITY OF TEMECULA 861 P a g e
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Threat Assessment 4: Flooding
The City of Temecula has had a long history with heavy rains. The possibility of flood for the city stems from its location between two major drainage channels: the Murrieta Creek to the north and west of the city and the Temecula Creek on the south end. Both channels come together to form the Santa Margarita River in the southwest corner of the city. The last major flood experienced from these two creeks was in 1993. The city has taken steps to control flooding through vegetation reduction, creek maintenance, and bridge upkeep.
Floods are normally classified as slow -rise floods or flash floods. Generally, a warning may be issued for a slow -rise flood allowing time to conduct evacuations and promote sand bagging.
Flash floods happen very quickly, thus allowing very little, if any, time to warn and prepare the public. Flash flood warnings usually require immediate life saving evacuations within the hour.
Emergency response personnel will need to assist in rescue efforts, sand bagging of flooded areas, evacuations, and the controlling of traffic. These actions may require additional personnel and equipment resources from adjacent jurisdictions or though existing mutual aid agreements.
Four types of actual and potential flooding conditions exist within the City of Temecula. These types are flooding in defined watercourses, ponding, sheet flow, and dam inundation. Flooding within defined watercourses occurs within drainage channels and immediately adjacent to floodplains. Ponding occurs when water flow is obstructed due to manmade obstacles such as embankments and other roadways where they cross watercourses. Sheet flow occurs when capacities of defined watercourses are exceeded, and water flows over broad areas.
The southern portion of the city along highway 79 south (Temecula Parkway) is subject to a 100- year flood, meaning that a flood of that intensity might occur once in one hundred years (1% chance of occurring in any given year). See the map on the following page.
CITY OF TEMECULA 871 Page
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E:hv nrT—la
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Figure 25: City of Temecula Flood Hazard Map
CITY OF TEMECULA 881 Page
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Threat Assessment 5: Dam Failure
Dam failure is the collapse or failure that causes significant downstream flooding. Dam failure may be caused by a severe storm, earthquakes, erosion or piping or foundation, loss of structural integrity, or landslides flowing into the dam. The main consequences of dam failure are injury, loss of life, and significant downstream property damage. Evacuations and extensive rescue efforts would be necessary to save the lives of those in or around the downstream areas. A major dam failure would require mutual aid from other local, state, and federal governments and agencies.
Dam inundation is a potential flood hazard in several portions of the Temecula Valley. There are four specific locations of concern in Temecula, and they are:
Vail Lake Dam — Failure at this dam could result in extensive and catastrophic flooding along the downstream watercourse. Dam failure is limited to times during and immediately following major storms, however, seismic activity on any of the local fault lines have the potential to cause the dam to fail. The Vail Lake Dam, built in 1949, is a water storage reservoir that is located east of Temecula on the Temecula Creek. The reservoir has a storage capacity of approximately 45,000 acre-feet (AF); however, due to the long-term drought effects, there is approximately 15,000 AF currently stored at the lake. The reservoir itself covers and estimated 1,078 acres and if in failure, the water contained within will cover a drainage area of approximately 306 square miles. Its crest elevation is 1,482.60 feet with a crest length of 788 feet and width of 4 feet.
In 2013, the dam was found to be seismically insufficient and vulnerable to failure. The Vail Dam Seismic and Hydrologic Remediation Project will construct a new straight -axis concrete dam located downstream of the existing arch dam. The current spillway is insufficient to pass the probable maximum flood without overtopping the dam, and the existing concrete arch dam would not resist the stresses induced by the maximum credible earthquake. The project purpose is to replace aging infrastructure, provide flood control from a major earthquake, and provide a locally water supply.
For flood inundation maps, please see the figures on the following pages.
CITY OF TEMECULA 891 Page
EMERGENCY OPERATIONS PLAN - 2023
Figure 26: Vail Dam Flood Inundation Map 1
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CITY OF TEMECULA 901 P a g e
EMERGENCY OPERATIONS PLAN - 2023
Figure 28: Vail Dam Flood Inundation Map 3
Figure 29: Vail Dam Flood Inundation Map 4
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EMERGENCY OPERATIONS PLAN - 2023
Figure 30: Vail Dam Flood Inundation Map 5
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Skinner Lake Dam —The Skinner Reservoir, also known as Lake Skinner, is a reservoir that is situated approximately 10 miles northeast of Temecula. Originally constructed in 1973 and expanded in 1991, the lake has a current capacity of 43,800 acre-feet of water (14,274,420,000 gallons). The reservoir surface area is 860 acres with a drainage capability of 51 square miles. The crest elevation is 1,493 feet with a width of 30 feet. The dam's height sits at 109 feet.
A large seismic event occurring on one of the two fault lines located in southwest Riverside County is capable of causing the dam infrastructure to fail thus creating catastrophic flooding downstream from the dam. While flooding from a failure of this dam in comparison to the Vail dam is minimal, there will still be a significant enough of an impact to place the community at risk down the Highway 79 corridor leading to the Temecula/Murrieta Creek as it descends into Old Town and out to the Pacific Ocean.
For flood inundation maps regarding the Skinner Dam, please see the figures on the following page.
CITY OF TEMECULA 92 Page
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EMERGENCY OPERATIONS PLAN - 2023
Figure 32: Skinner Dam Flood Inundation Map 2
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Diamond Valley Lake -
The Diamond Valley Lake is a man-made off -stream reservoir that is located near Hemet, California. Diamond Valley Lake (DVL) is one of the largest reservoirs in Southern California with a capacity of 800,000-acre feet of water. With this capacity, the lake nearly doubled the area's surface water storage capacity and provides additional water supplies for drought, peak summer, and emergency needs. DVL features three earth fill dams, two located on either side of the valley and one along the north rim.
While this lake and its dams are 24 miles away from Temecula, the hazard it poses to the Temecula Valley during a catastrophic seismic event is worth noting. The design and construction of the dams took into consideration the threat of earthquakes with the San Jacinto Fault Zone, located approximately 4 miles from the reservoir, and the San Andreas Fault located about 19 miles from the reservoir.
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Diamond Valley Lake (Saddle Dam)
The saddle dam rises 130 feet above the lowest point in the Domenigoni Mountains ridgeline of the north rim and is around mile long. The dam was built to increase the storage capacity of the lake, which would have been limited dur to the low ridge in this area.
Figure 33: DVL Saddle Dam
Diamond Valley Lake (West Dam)
The west dam rises to 285 feet above the valley floor. It spans 1.5 miles in length and its foundation was extended 90 feet below the original ground surface to remove liquefaction soils that would have made the dam unstable in an earthquake.
Figure 34: DVL West Dam
As depicted in the map to the right, the Inundation from the Saddle and West side dams will result in heavy flooding across the region. Flooding from a catastrophic failure will impact the City of Temecula primarily along the 79N (Winchester Road) through French Valley and the Warm Springs Creek before ending at the Murrieta Creek and dumping into the Uptown District of
Temecula, Old Town, and
across the 1-15 freeway
impacting the Promenade
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Ynez Road. The sunny day
failure scenario places
Temecula at approximately 3
hours from failure to the
receipt of water in our area.
Figure 36: Inundation Map - Temecula
Figure 35: Inundation Map
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EMERGENCY OPERATIONS PLAN - 2023
Threat Assessment 6: Transportation Emergencies
Transportation systems in or near Temecula include airways and roadways. These systems provide services on a regional and local level. A major accident is possible with these two methods of transportation through the city. Large accidents are investigated by the National Transportation Safety Board (NTSB), which is an independent Federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in the other modes of transportation — railroad, highway, marine and pipeline — and issuing safety recommendations aimed at preventing future accidents. The Safety Board determines the probable cause of:
• All U.S. civil aviation accidents and certain public -use aircraft accidents • Selected highway accidents
• Railroad accidents involving passenger trains or any train accident that results in at least one fatality or major property damage
• Major marine accidents and any marine accident involving a public and nonpublic vessel • Pipeline accidents involving a fatality or substantial property damage • Releases of hazardous materials in all forms of transportation • Selected transportation accidents that involve problems of a recurring nature Since its inception in 1967, the NTSB has investigated more than 132,000 aviation accidents and thousands of surface transportation accidents.
Trucking Incident —The trucking industry has consistently increased in size over the last century.
Today, there are more trucks on the road than 20 years ago. "In 2000, one out of every eight fatal car accidents involved a large truck. This can be attributed not only to the size and weight of these trucks but also to significant blind spots in the field of view of truck drivers (Trucking Accident Info Center, 2003)." According to the U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA), on average in the country and as of 2020, large trucks made up 9 percent of all vehicles involved in fatal crashes. The NHTSA says that large trucks were much more likely to be involved in a fatal multiple -vehicle crash.
In 2020, The NHTSA reported that there were 4,965 people killed in crashes involving large trucks.
This was a 1 percent decrease from 5,032 in 2019. 71 percent of all people killed in large truck crashes in 2020 were occupants of other vehicles. 17 percent were occupants of large trucks and 13 percent were non -occupants (pedestrians, cyclists, or other non -occupants). Since 2002, 13,966 fatalities were attributed to large trucks.
Over a 10-year period, there was an unfortunate increase in the total number of people killed in large truck crashes, from 3,781 fatalities in 2011 to 4,965 fatalities in 2020. Of the fatalities in 2020:
• 71 percent (3,512) were occupants of other vehicles
• 17 percent (831) were occupants of large trucks
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• 13 percent (622) were non -occupants (pedestrians, pedal cyclists, etc.) From 2019 to 2020, there was a 7-percent decrease in the number of occupants of other vehicles killed in crashes involving large trucks. This is the first decrease in large -truck occupants killed, and occupants of other vehicles killed since 2013 to 2014. From 2019 to 2020 there was a 9- percent increase in the number of non -occupants killed. The 622 killed is large truck crashes in 2020 is the highest number of non -occupants killed in the most recent 10-year period.
The chart below shows 2020 Data collected by NHTSA's National Center for Statistics and Analysis.
People Killed and Injured in Crashes Involving Large Trucks, by Person Type and Crash Type, 2011-2020 Truck Occupants by Crash Type Other People
Single Vehicle Muluple vehicle I Total Occupants or Other Vehicles Nonoccupants Tnlal Year Number I Percent Number Percent I Number I Percent Number I Percent Number I Percent Number I Percent Total Killed
2011
408
11%
232
6%
640
17%
2,713
72%
428
11%
3,141
&3%
3,781
2012
423
11%
274
7%
697
18%
2,857
72%
390
10%
3,247
82%
3,944
2013
431
11%
264
7%
695
17%
2,845
71%
441
11%
3,286
&3%
3,981
2014
405
10%
251
6%
656
17%
2,859
73%
393
10%
3,252
83%
3,9%
2015
395
10%
270
7%
665
16%
3,017
74%
413
10%
3,430
84%
4,095
2016
520
11%
295
6%
815
17%
3,351
72%
512
11%
3,863
83%
4,678
2017
525
11%
353
7%
978
18%
3,535
72%
493
10%
4,028
82%
4,9%
2018
538
11%
352
7%
890
18%
3,563
71%
553
11%
4,116
82%
5,0%
2019
494
10%
399
8%
893
18%
3,569
71%
570
11%
4,139
82%
5,032
2020
1 508
10%
1 323
7%
1 831
17%
1 3,512
1 71%
622
13%
4,134
1 83%
4,965
lilurad
2011
7,425
3%
15,511
17%
22,936
26%
64,412
72%
1,674
2%
66,085
74%
89,021
2012
8,393
9%
16,475
16%
25,372
24%
76,342
73%
2,740
3%
79,082
76%
104,454
2013
8,949
9%
15,673
16%
24,621
26%
69,221
72%
2,254
2%
71,476
74%
95,097
2014
10,280
9%
16,865
15%
27,146
24%
82,282
74%
2,389
2%
8071
76°I
111.817
2015
10,175
9%
19,927
17%
30.102
26%
85,172
72%
2.561
2%
87,733
74%
117,835
2016t
12,941
10°I
23,241
17%
36.183
27%
94,958
70%
3.587
31!
98,545
73°I
134,727
2017T
14,550
10°{
25,442
17%
39.992
27%
105,509
71%
2.808
2°!
108,317
73V
148,309
2018t
13,480
9%
25,719
17%
39.200
26%
108.490
72%
3.480
2%
111,970
74%
151,170
2019t
15,199
10°I
30,490
19%
45.688
29%
109,515
69%
4.156
31!
113,670
71%
159,359
2020t
15,316
11%
29,115
20%
44.934
31%
99,501
68%
2,496
2%
101,997
69%
146,930
Soumes: FORS 2011-2019 Final File, 2020 Annual Repani File (ARD' NASS GES n11-2015, CRSS 2016-202) ERSS eslimales and NASS GES eslimales are not comparahle due 10 different sample designs_ Refer to end of document for more inIbn lation ahoutCRSS.
Note: Injury totals may not equal sum of iomponenls due to independent rounding.
The City of Temecula is located within Riverside County and is served by one major freeway from the south, Interstate 15, and splits at the north end of the city into Interstate 15 and Interstate 215. All freeways run north and south through Temecula and serves as a major corridor from San Diego County to Los Angeles and Las Vegas.
In June of 2018, a major crash involving a large truck, resulted in a 10-hour closure creating chaos on the freeway with traffic backing up for miles. The driver attempted to bring his truck to a stop when vehicles in front of him collided, but he could not and clipped the car causing his truck to CITY OF TEMECULA 971 P a g e
EMERGENCY OPERATIONS PLAN - 2023
veer across all lanes of traffic and drove through a
guardrail and partially plunged down an
embankment at the Temecula Creek. Fortunately,
there were no deaths as a result of the crash.
(Temecula Patch, 2022)
Figure 37: Freeway Crash (Source: Temecula Patch)
Major Airplane Accident — The concern for an airplane crash in the City of Temecula is the potential for human casualties. A disabled aircraft striking the ground could result in explosions and fire. Temecula would need to address the medical needs as well as the mental health needs of victims and their families.
The closest airfield to Temecula is operated by the French Valley Airport Economic Development Agency. The French Valley Airport is located in Southwest Riverside County adjacent to the communities of Temecula, Murrieta, and Winchester. The airport is located on Highway 79 and is only minutes away from Interstates 15 and 215 which is Northeast of Temecula. The flight operations present a potential risk for air crashes. The greatest risk is immediately under the takeoff and landing zone located at the south end of the airfield which is adjacent to the Somers Bend development.
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Figure 38: French Valley Departure Zones (Source: French Valley Master Plan) In November of 2021, a small privately owned
a4,
aircraft enroute to the French Valley Airport
crashed in a field just yards from a major housing r 4• "" ,' j_ development resulting in the death of the pilot.'"+�,,', There was no damage to property beside the plan
itself (Press Enterprise, 2022). SST.
Figure 39: Plane Crash at Somers Bend (Source: Press Enterprise) CITY OF TEMECULA 981 P a g e
EMERGENCY OPERATIONS PLAN - 2023
Threat Assessment 7: Civil Unrest
History shows that civil unrest dates as far back as the Roman days with divisions between the rich and the poor, corrupt Roman officials stealing from poor landowners, and unemployment in the city. Nearby Los Angeles has a long history of civil unrest and in 1992, was heavily impacted by the Rodney King verdict. The impact of that verdict was felt all over the United States and caused civil unrest in other areas such as Las Vegas and San Francisco. There was massive destruction throughout the city that left more than 1,200 businesses destroyed.
In the last decade there has been a significant trend, almost doubling, towards civil unrest at universities, political rallies, and across American cities resulting from law enforcement shootings resulting in deaths. In 2020, the George Floyd protests were a series of protests and civil unrest aimed against police brutality and racism that began in Minnesota on May 26t" of 2020 due to the death of George Floyd at the hand of a Minneapolis Police Officer who knelt on his neck for 9 minutes and 29 seconds. While the majority of the protests were peaceful, demonstrations in some cities escalated to riots, looting and street skirmishes with police and counter -protestors.
At least 200 cities in the U.S. had imposed curfews while more than 30 states activated over 96,000 military and national guard service members. By November of 2020 a total of 9 people had died as a result of civil unrest. However, arson, vandalism and looting that occurred caused approximately $1-2 billion in damages nationally, the highest recorded damage from civil disorder in U.S. history surpassing the record set by the 1992 Los Angeles Riots.
Figure 40: George Floyd Riots (Source: CNN)
The effects of civil unrest are based upon the scope of the disturbance. They could include illegal assemblies, blocking of routes of transportation, disruption to public utilities, property damage, looting, injuries, and loss of life. The City of Temecula does not have a prior history of major civil unrest but is also not excluded from medium-sized events, however, Temecula is vulnerable. A major civil unrest could have a major impact on our transportation routes, our residential and commercial properties, as well as disruption to the conduct of normal city business.
CITY OF TEMECULA 991 Page
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Threat Assessment 8: Power Outage
The citizens of Temecula are serviced by Southern California Edison for power.
California Independent System Operator (Cal ISO) manages the flow of electricity along the long- distance, high voltage power lines that make up the bulk of California's transmission system. The non -for -profit public -benefit corporation assumed the responsibility in March of 1998, when California opened its energy markets to competition and the state's investor -owned utilities turn their private transmission power lines over to Cal ISO to manage. Cal ISO maintains reliability on one of the largest and most modern power grids in the world (Cal ISO, 2022).
The ISO is charged with ensuring the safe and reliable transportation of electricity on the power grid serving 80 percent of California. As the impartial grid operator, it has no financial interest in any individual segment ensuring fair and transparent access to the transmission network and market transactions.
Electricity Supply and Delivery
Transmission Lines
Carry Electricity
Power Plant Long Distances
Generates Electricity
Trar
Steps
For Tr
Source: The NEED Project"
e
n
Distribution Lines
Carry Electricity
To Houses
Neighborhood
Transformer
Steps Down Voltage
Figure 41: Cal ISO Electricity Supply & Delivery (Source: Cal ISO) It It
Transformers On Poles Step
Down Electricity Before It
Enters Houses
California ISO Rolling Blackouts — When there is a problem such as a blackout, there are four factors which can affect electricity — generation, transmission, distribution, and load. During normal conditions, there is enough generation to satisfy the load and enough transmission capacity to get the electricity from the generator to the load. In most cases, system deficiencies are caused by a combination of factors. That is, there may be insufficient generation (supply) combined with transmission congestion, which will cause more severe problems in some parts of the state than others will. This is the reason why northern California has been more affected by problems than Southern California (Cal ISO, 2022)
The primary task of the Cal ISO is to maintain the integrity of the grid and keep the lights on.
However, the situation is complex. The process of implementing firm load reduction (e.g., rolling CITY OF TEMECULA 1001 P a g e
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blackouts) is a complex and dynamic minute -to -minutes decision making process. Cal ISO is in constant contact with all involved parties during this process.
Public Safety Power Shutoff — The California Public Utilities Commission (CPUC), in an ongoing effort to hold utilities accountable for executing safe and appropriate Public Safety Power Shutoff (PSPS) events, is requiring the state's electric utilities to public present on their preparedness efforts for PSPS events annually. Utilities will provide updates on the status of preparation efforts and coordination with public safety partners, critical infrastructure and facilities, and customers, including those most vulnerable or with access and functional needs. The utilities are required to present on efforts to mitigate customer impacts and will identify any changes to their processes or operations for the coming year based on the previous year's lessons learned from true PSPS events. The City of Temecula has taken extraordinary efforts to develop a PSPS plan that supports the community and continues to keep the business operations of the city available and operating to support the community's needs.
The City of Temecula has been affected by power outages and PSPS events over the years for reasons such as high winds, storms, and damaged power poles and lines. When a power outage occurs, every effort is made to contact affected residents and ensure that those with special needs equipment (such as oxygen generators, ventilators) have a contingency plan.
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Threat Assessment 9: Terrorism
Terrorism, as defined by the FBI is "the unlawful use of force against persons or property to intimidate or coerce a government, the civilian population or any segment thereof, in the furtherance of political or social objectives". The act of terrorism could involve biological agents, nuclear technology, incendiary devices, chemicals, or explosives.
The public does not perceive that terrorism is thriving in the United States because few incidents have been spectacular, a high violence rate makes terrorist actions routine, and terrorist actions are typically against property (bombings) rather than people. U.S. terrorist incidents have included the joint effort of the Black Liberation Army and the Weather Underground to rob an armored car in Nyack, N.Y., on October 20, 1981; the 1983 bombing in the Capitol building; and bombings of abortion centers.
A likely target category of future terrorist attacks is the nuclear power plant, given the number of demonstrations against them. Transnational terrorists funded by foreign governments could easily enter the United States and mount attacks. There are 6,000 miles of border that can be easily crossed and many ethnic populations which enable foreign terrorists to move about without suspicion.
In 2018, most ideologically motivated murders in the United States were linked to right-wing extremism. As of 2020, right-wing terrorism accounted for the majority of terrorist attacks and plots in the U.S. and has killed more people in the continental U.S. since the September 11 attacks than Islamic terrorism (Antidefamation League, 2022). The Department of Homeland Security reported in October of 2020 that white supremacists posed the top domestic terrorism threat (Washington Post, 2021).
Homeland Security Presidential Policy Directive (HSPD) 3 - The Homeland Security Presidential Directive-3 states that the Nation requires a Homeland Security Advisory System to provide a comprehensive and effective means to disseminate information regarding the risk of terrorist acts to Federal, State, and local authorities and to the American people. Such a system would provide warnings in the form of a set of graduated "Threat Conditions" that would increase as the risk of the threat increases. At each Threat Condition, Federal departments and agencies would implement a corresponding set of "Protective Measures" to further reduce vulnerability or increase response capability during a period of heightened alert.
This system is intended to create a common vocabulary, context, and structure for an ongoing national discussion about the nature of the threats that confront the homeland and the appropriate measures that should be taken in response. It seeks to inform and facilitate decisions appropriate to different levels of government and to private citizens at home and at work.
National Terrorism Alert System (NTAS) - The NTAS is designed to communicate information about terrorist threats by providing timely, detailed information to the American public. All Americans share responsibility for the nation's security and should always be aware of the CITY OF TEMECULA 1021 P a g e
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heightened risk of terrorist attack in the United States and what they should do. DHS replaced the color -coded alerts of the Homeland Security Advisory System (HSAS) with the National Terrorism Advisory System (NTAS) in 2011.
Announcing Threat Conditions - After reviewing the available information, the Secretary of Homeland Security will decide, in coordination with other Federal entities, whether an WAS Alert should be issued. WAS Alerts will only be issued when credible information is available.
These alerts will include a clear statement that there is an imminent threat or elevated threat. Using available information, the alerts will provide a concise summary of the potential threat, Figure 42: WAS Alert Graphic information about actions being taken to ensure public safety, and recommended steps that individuals, communities, businesses, and governments can take to help prevent, mitigate or respond to the threat.
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Threat Assessment 10: Public Health Emergencies
Since well before 430 BC, public health emergencies have made an impact on civilization. In the year 541 there was an outbreak of the bubonic plague which destroyed up to one quarter of the population of the eastern Mediterranean. The Black Death (bubonic plague) returned in the 1300's killing twenty million Europeans in six years. Cholera was another public health emergency to spread across the world, causing millions to die. In 1918 the Spanish Flu spread, killing 25 million in the course of six months. During wartime, the epidemic disease was typhus, sometimes called "camp fever", killing over 68,000. (Wikipedia, 2022).
In a Press Enterprise article written by Malcom Ritter on December 14, 2003, Dr. Greg Poland of the Mayo Clinic announced that a world-wide pandemic is coming, it's just a question of when.
Dr. Poland said by historical pattern, it's about time for another one. According to the World Health Organization, they predict the next pandemic is likely to send one million to 2.3 million people to the hospital and kill 280,000 to 650,000 (Ritter, 1998).
As predicted, a world-wide pandemic did come and in comparison, the COVID-19 pandemic, while still ongoing, hit the United States hard in 2020 and is still ongoing. From March of 2020 until September of 2022 a total of 1,058,523 U.S. citizen died from COVID-19 and over 6.5 million world-wide (Johns Hopkins, 2022).
Strategic National Stockpile (SNS). We (U.S.) knew in the early 2000's that during a public health emergency, state, local, and private stocks of medical supplies would be depleted quickly. Any public health emergency or large-scale natural disaster would require rapid access to large quantities of pharmaceuticals and medical supplies. Such quantities may not be readily available unless special stockpiles were created. Therefore, a national stockpile was created as a resource for all.
In 1999 Congress charged the Department of Health
and Human Services (HHS) and the Centers for
Disease Control and Prevention (CDC) with the
establishment of the National Pharmaceutical
Stockpile (NPS). The mission was to provide a re-
supply of large quantities of essential medical
material to states and communities during an
emergency within twelve hours of the federal
decision to deploy.
Figure 43: Strategic National Stockpile
The Homeland Security Act of 2002 tasked the Department of Homeland Security (DHS) with defining the goals and performance requirements of the Program as well as managing the actual deployment of assets. Effective March 1, 2003, the NPS became the Strategic National Stockpile (SNS) managed jointly by DHS and HHS. The SNS Program works with governmental and non- governmental partners to upgrade the nation's public health capacity to respond to a national emergency. Critical to the success of this initiative is ensuring capacity is developed at federal, CITY OF TEMECULA 1041 P a g e
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state, and local levels to receive, stage, and dispense SNS assets. (CDC, 2022). Since its inception, the SNS has supported more than 60 public health responses (Global Biodefense, 2019). `R Strategic National Stockpile ASPR
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Coronavirus Disease 2019 (COVID-19). COVID-19 is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case of this virus was identified and reported in Wuhan, China in December of 2019. The disease quickly spread and rapidly became a global pandemic. This virus is transmitted when people breathe air contaminated by droplets and small airborne particles that contain the virus. The risk is higher when breathing in air from contaminated people while in close proximity to them, however, they can still be breathed in over long distances, particularly while indoors. Transmission can also occur if splashed or sprayed with contaminated fluids in the eyes, nose, or mouth. People have been reported to remain contagious for up to 20 days and can spread the virus even if they do not have symptoms (Wikipedia, 2022).
The impact to the City of Temecula was felt city-wide.
Nation-wide masking mandates and stay-at-home orders
blanketed the city resulting in the closure of all schools, local ... - government facilities, restaurants, and support businesses.
Those businesses and personnel deemed as 'essential' were permitted to return to work, drive on streets, and be out in , public. Over time, and as more information about the virus --- . was learned, restrictions were relaxed, and communities were allowed to begin returning to a new normal. 3
Teleworking and home -schooling virtually became the
requirement for businesses and schools to continue. In - Temecula, 19.5% of the community is reported to have been diagnosed with COVID-19 resulting in the death of 136 community members.
Figure 45: Temecula COVID Graphic
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Over the years, the County of Riverside has issued several public health alerts regarding Severe Acute Respiratory Syndrome (SARS), West Nile Virus, a multi -state Monkeypox Outbreak, Mosquito Borne Encephalitis, Influenza, and COVID-19. Of those health alerts issued, excluding COVID-19, in 2003 Riverside County was the first state confirmed case of the West Nile Virus.
There were many suspected cases; however, only two were confirmed within the State of California. The first confirmed case was in Riverside County and the second cases was located further southeast in Imperial County.
The City of Temecula does not have a history of large-scale public health emergencies nor does the County of Riverside. However, the possibility and capability of such an emergency does exist.
In order to prepare for such an emergency, the City of Temecula works very closely with Riverside County Public Health and the Temecula Valley Hospital. Temecula Valley Hospital has a plan in place to respond locally to a large-scale public health emergency and have utilized appropriate funding sources to procure additional supplies to support an emergency response. This plan, coupled with the capabilities of the Strategic National Stockpile will increase the City's ability to respond in a large-scale public health emergency.
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Threat Assessment 11: Nuclear
Radioactive materials are routinely transported in California, whether the materials are for medical or industrial use. Nuclear incidents can occur wherever radioactive materials are used, stored, ortransported. In addition to nuclear plants, hospitals, universities, research laboratories, industry, highway transportation, railroads, and shipping yards could be the site of a nuclear transportation incident. Nuclear incidents might involve a nuclear power generating plant, a nuclear weapon, nuclear waste, or a 'dirty bomb'.
Nuclear Power Plants — In California, there are two nuclear power plants: Diablo Canyon, which is located in San Luis Obispo County and San Onofre, which is located in the northwestern corner of San Diego County along Interstate 5. For purposes of this plan, San Onofre will be discussed.
The San Onofre Nuclear Generating Station (SONGS) is a three -unit site, 10 miles south of San Clemente. Unit 1, which operated for 25 years, was shut down in 1992. Units 2 and 3 were pressured water reactor designs that were capable of producing enough power to serve the needs of the 2.75 million households. Unit 2 was started in 1983 and Unit 3 was started in 1984.
Upgrades had been made that would increase their life of use to 20 years and was completed in 2010. However, both reactors were shut down in January of 2012 after premature wear was identified on more than 3 thousand tubes in replacement steam generators that were installed in 2010-2011 (Wikipedia, 2022).
In 2013, Southern California Edison (SCE) announced
the permanent retirement of San Onofre Units 2 and 3.
Today, SONGS is in the process of decommissioning
which will take up to 20 years to complete. All spent
radioactive fuel would be held on -site indefinitely in dry casks while low-level radiation would be transported
and disposed of in Texas and Utah. The threat of
sabotage or terrorism is real and multiple scenarios
have been discussed. However, while the potential and
reality exist, the probability of an attack at this location are low (The Orange County Register, 2010).
MA
Figure 46: San Onofre Nuclear Plant
Because of the potential health hazard associated with this type of fuel, power plants are built with multiple physical barriers to prevent the escape of radioactive material. Still, the possibility exists for an accidental release of radiation into the atmosphere. People could breathe contaminated air and radioactive particles could be deposited on the ground, in water, on property and on agricultural crops. Food and dairy animals could graze on contaminated pasture, passing on the contamination to consumers through milk and meat.
The Nuclear Power Plant Emergency Response Plan establishes the State of California's emergency response organization and defines the roles of Office of Emergency Services as the coordinating agency for utility, local, state, federal and volunteer agency response to a nuclear CITY OF TEMECULA 1071 P a g e
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power plant incident. A series of zones has been established around each plant to detail required activities in the event of an accident.
Emergency Planning Zone - The basic Emergency Planning Zone is the inner zone and is approximately a 10-mile radius around the plant and is defined as the plume exposure pathway.
Plans are in place to protect people, property, and the environment in that zone from the effects of radioactive contamination. Nearly three million Americans live within 10 miles of an operating nuclear power plant (FEMA Ready.gov, 2021).
Public Education Zone - The Public Education Zone is the middle zone and is approximately a 35- mile radius around the plant. In this zone, educational materials are distributed to inform the public about nuclear power plant operations, what to expect in the event of an accident, and what plans are in place for public protection.
Ingestion Pathway Zone - The Ingestion Pathway Zone is the outer zone and is approximately a 50-mile radius around the plant and plans are in place to mitigate the effects on agriculture, and food processing and distribution. People can be affected if they eat or drink contaminated food.
Mitigation calls for removal of lactating dairy cows from contaminated pastures and substituting uncontaminated feed. For milk, a mitigation effort is to withhold contaminated milk from the market. For fruits and vegetables, washing, brushing, scrubbing, or peeling to remove surface contamination. For grains, mitigation includes milling and polishing. For drinking water, avoid use of surface water for human and animal consumption. Use bottled water and canned juices as water sources. For other food products, process to remove surface contamination. For meat and meat products, action is on a case -by -case basis. Mitigation efforts for fish and shellfish are to suspend fishing operations of commercial fish firms and charter fishing boats until resumption is recommended. The Department of Agriculture will isolate food containing radioactive material to prevent its introduction into
RED- 10 mile ratliia 6L11E=50 mile ratliia
commerce.
The City of Temecula is located within
the 50-mile Ingestion Pathway Zone
(outer zone — see map below) for the
San Onofre Nuclear Generating
System (SONGS).
Following an incident at San Onofre
Nuclear Generating System (SONGS),
the public will be notified of
precautions to take with food and
water. Home grown or commercial
fruits and vegetables should be
washed, scrubbed, and peeled to
avoid contamination. For drinking
water, bottled water or juices should
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be consumed. Avoid drinking water from the surface of lakes, streams, and water wells. As of September 2022, there are no known commercial dairy farms located in Temecula. There are other livestock ranches within our sphere of influence located within the Temecula Valley Wine Country. In order to avoid contamination, livestock owners will be notified to take precautions.
Lactating cows should be removed from pastures and fed substituted, uncontaminated feed.
Nuclear Weapon. The danger of a nuclear attack on the United States has been significantly reduced with the end of the Cold War and the collapse of the Soviet Union. Over the years the concern had shifted to other parts of the world, such as India, Pakistan, Kashmir, Iran, Peoples Republic of China, and North Korea. As of early 2022, nine countries possessed roughly 12,700 nuclear warheads (Federation of American Scientists, 2022). Approximately 90 percent of all nuclear warheads are owned by Russia and the United States who have around 4,000 warheads in their military stockpiles. In the early 2000's, North Korea withdrew from the Nuclear Non - Proliferation Treaty and since has been threatening use and continued growth of the nuclear weapons program. Today, the war in Ukraine, launched by Russia, has brought about threats of nuclear weapons use once more by the Russian government.
ESTIMATED GLOBAL NUCLEAR WARHEAD INVENTORIES, 2022
Figure 48: Estimated Global Nuclear Warhead Inventory 2022 (Source: Federation of American Scientists) An explosion from a nuclear weapon can cause deadly affects such as blinding light, intense heat (thermal radiation), initial nuclear radiation, blast, and firestorms with gale force winds. Nuclear weapons emit thermal radiation in large amounts and can cause burns and eye injuries. On a clear day, these types of injuries can occur well beyond the blast ranges. The ultraviolet light from the thermal radiation is so powerful; it can start fires that spread rapidly in the debris left by a blast, such as what happened in Hiroshima where a tremendous firestorm developed within 20 minutes after detonation.
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When the blast occurs, an electromagnetic pulse moves throughout the air. The pulse is so powerful that most long metal objects act as antennas, generating high voltages. These high voltages could destroy unshielded electronics and many wires. The ionized air also disrupts radio traffic. You can shield ordinary radios and car ignition parts by wrapping them completely in aluminum foil to protect them from damage; however, the radios cannot operate when shielded, hPrau-,P hrn;idract wavPt rannnt rParh therm
Radiation from a nuclear blast consists of 15% as
nuclear radiation. About 5% of that is in the form of
neutron and gamma radiation. About 10% of that is
residual nuclear radiation. Residual nuclear radiation
is the hazard in fallout. Fallout may occur miles from
the point of detonation. With larger weapons, blast
and thermal effects are so much greater in importance
that radiation effects can be ignored.
Strategic nuclear weapons are large weapons that
could be used to destroy large targets, such as cities. Figure 49: 23 Kiloton Tower Shot (Badger) April Tactical nuclear weapons are smaller weapons used to 1953 Nevada Nuclear Test Site destroy specific targets such as military, (Source: Wikipedia, 2022) communications and infrastructure. Basic methods of delivery are bombers, ballistic missiles, cruise missiles, artillery shells and hand-held devices.
The chances of an attack from a nuclear weapon have significantly decreased due to the end of the cold war. However, one cannot discount the shifting concern from Russia to other countries such as Korea, who backed out of the proliferation treaty and admitted that they are producing nuclear weapons again. The City of Temecula does not have sufficient fallout spaces for its residents. Therefore, residents will most likely be directed to shelter -in -place, and if necessary, evacuate and relocate to a safe area. The State of California no longer maintains a fallout shelter - identification program.
Dirty Bomb. According to the Environmental Protection Agency (EPA), the term "dirty bomb" commonly refers to a device that spreads radioactive material by exploding a conventional (non- nuclear) explosive, such as dynamite. Dirty bombs are sometimes called radiological dispersal devices. Dirty bombs are not traditional nuclear weapons and cannot cause mass devastation like a nuclear weapon or device. The use of a dirty bomb is considered far more likely than a conventional nuclear weapon. These types of devices are appealing because they require little technical knowledge to build and deploy compared to conventional nuclear weapons.
Dirty bombs are usually constructed using radioactive materials from medicine, agriculture, industry, and research. These types of materials are readily available and easy to obtain compared to weapons grade uranium or plutonium. According to the U.S. Nuclear Regulatory Commission, there are over 21,000 organizations licensed to use such materials.
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The chances of a dirty bomb being dispensed in the City of Temecula is very small. However, Temecula continues to train and prepare its employees and emergency responders to recognize and respond to these types of incidents.
Nuclear Waste. According to the U.S. Department of Energy, nuclear fuel is only good for about three or four years in a reactor. Therefore, the nuclear fuel is removed from the reactor and is now considered spent fuel. All nuclear reactors produce spent fuel. Currently, there are reactors at commercial power plants, at government research facilities, and on about 40 percent of the U.S. Navy's submarines and ships. With the end of the Cold War, the United States has been working to close and clean up obsolete weapons plants and dispose of the nuclear weapons materials. This has created a need to dispose of highly radioactive material associated with weapons production. This material is called high-level radioactive waste (U.S. Dept of Energy, 2022).
Since the mid-1940's, spent nuclear fuel and high-level radioactive waste have accumulated throughout the country. "Spent nuclear fuel and high-level radioactive waste are materials from nuclear power plants and government defense programs. These materials contain highly radioactive elements. Some of these elements will remain radioactive for a few years, while others will be radioactive for millions of years (U.S. Dept of Energy, 2020)." Scientists worldwide agree that the safest way to manage these materials is to dispose of them deep underground in what is called a geologic repository. When spent fuel is first removed from a reactor, it is placed in a special pool of water contained in a steel -lined concrete basin. The water cools the spent fuel and protects workers and the public from radiation. After it has cooled considerably, some commercial power plants and government facilities move the fuel to dry -storage containers made of steel and/or concrete to shield radiation.
Nuclear waste must be properly managed to minimize risk to the environment and to the health and safety of future generations. Spent nuclear fuel and high-level radioactive waste have accumulated throughout the country. Currently, they are stored in temporary facilities at some 131 sites in 39 states. Low-level radioactive waste is generated by facilities such as hospitals, labs, dental facilities, manufacturing plants, medical testing facilities, colleges, and universities. Low- level waste is shipped in containers designed to meet stringent Nuclear Regulatory Commission and Department of Transportation standards. Department of Transportation requires that these types of waste be transported using the safest routes and in Type A containers, which are able to withstand ordinary transportation conditions.
To properly dispose of nuclear waste, Federal officials have selected a permanent storage site at Yucca Mountain in southern Nevada, which should begin accepting shipments in 2010 or 2011.
The Yucca Mountain facility was met with heavy resistance and as of May of 2021, the facility has not been funded and would not be part of President Biden's plans for nuclear -waste disposal.
The City of Temecula has several facilities, such as hospitals, labs, and dental offices that have on -site radiological materials. These facilities will require shipment of radiological materials and will generate radioactive waste. At this time, we have no low-level radiological waste storage CITY OF TEMECULA 1111 P age
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facilities. The transportation of spent fuel and highly radioactive nuclear waste to a permanent site outside of our area or California might have an effect on the City of Temecula in that Interstate 15, a highly traveled freeway by commercial carries, might be utilized to transport nuclear material outside of the area. All carriers of nuclear waste receive special training. In the event of a radiological emergency involving the transportation of nuclear waste, nuclear utilities have signed a nationwide agreement providing that the closest facility offer equipment and technical assistance regardless of who shipped the radioactive material. Emergency responders within the City of Temecula are trained on a regular basis to respond to these types of emergencies.
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AUTHORITIES AND REFERENCES
Authorities
Local Authorities
• Essential Records Guide August 2018, National Archives and Records Administration • County of Riverside Emergency Services Ordinance 533, Section 2.1, establishes the Operational Area Planning Committee (OAPC)
• City of Temecula Municipal Code
o 2.56 Emergency Organizations and Functions
• City of Temecula Resolutions
0 93-18 Approving the California Disaster and Civil Defense Master Mutual Aid Agreement for the State of California
0 95-07 Approving Participation in the Standardized Emergency Management System of the State of California
0 06-78 Supporting the Integration and Implementation of the National Incident Management System (NIMS) for Effectively Handling Emergency Situations 0 10-08 Amending Chapter 2.56 of the Temecula Municipal Code Relating to Emergency Organization and Functions
0 18-69 Adopting the 2017 City of Temecula Local Hazard Mitigation Plan Annex to the Riverside County Operational Area Multi -Jurisdictional Local Hazard Mitigation Plan
0 18-79 Adopting the 2019 City of Temecula Emergency Operations Plan State Authorities
• California Constitution
• California State Emergency Plan
• California State Private Nonprofit (PNP) Organizations Assistance Program, 2011 • California Hazardous Materials Incident Contingency Plan • California Assembly Bill 2311 (Brown, Chapter 520, Statutes of 2016) Integration of Access and Functional Needs
• Article 15 of the California Emergency Services Act (CESA, Chapter 7 of Division 1 of Title 2 of the Government Code) Preservation of Local Government • California Government Code
o Section 8607(a), Chapter 1 of Division 2 of Title 19 — SEMS Regulations o Section 8630 Chapter 395, Section 1 (AB 2898)
o Chapter 7 of Division 1 of Title 2 — Emergency Services Act o Chapter 7.5 of Division 1 of Title 2 — Natural Disaster Assistance Act o Section 179, et seq., Emergency Management Assistance Compact (EMAC) o Section 8593.3 Integration of Access and Functional Needs 0 • California Civil Code
o Chapter 9, Section 1799.102 — Health and Safety Code
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• California Health and Safety Code
o Division 20, Chapter 6.5, Sections 25115 and 25117; Chapter 6, 95, Sections 25500 et seq.; Chapter 7, Sections 25600 through 25610, Dealing with Hazardous Materials
Federal Authorities
• Federal Civil Defense Act of 1950 (Public Law 920), as amended • Federal Communications Commission (FCC) Part 90m, Rules and Regulations • NRT-1, Hazardous Materials Planning Guide and NRT-1A Plan Review Guide (Environmental Protection Agency's National Response Team) • Public Law 93-288 (as amended) Robert T. Stafford Disaster Relief and Emergency Assistance Act
• Americans with Disabilities Act (ADA) of 1990
References
• National Response Plan (NRP)
• Disaster Assistance Procedure Manual (Cal OES)
• California Emergency Resources Management Plan
• California Emergency Plan
• California Hazardous Materials Incident Contingency Plan • California Law Enforcement Mutual Aid Plan
• California Fire and Rescue Master Mutual Aid Plan
• California Emergency Services Act
• Homeland Security Presidential Policy Directive (HSPD-5) • Standardized Emergency Management System (SEMS) Guidelines • City of Temecula General Plan, Public Health and Safety • U.S. Nuclear Regulatory Commission
• California Department of Water
• Rancho California Water District Vail Dam Rehabilitation Project. Retrieved from the World Wide Web on September 8, 2022: https://cwc.ca.gov/-/media/CWC- Website/Files/Documents/2019/06 June/June2019 Item 8 Attach 1 VailOnePager.pd f
• California Independent System Operator (Cal ISO). Retrieved from the World Wide Web on September 26, 2022: https://www.caiso.com/Pages/default.aspx • French Valley Airport Master Plan. Retrieved from the World Wide Web on September 18, 2022:
https://www.rcfva.com/Portals/O/French%20Valley%20MP%20Draft/20Final.pdf • George Floyd Riots. Retrieved from the World Wide Web on September 22, 2022:
https://en.wikipedia.org/wiki/George Floyd protests
• Massive 1-15 Wreck in Temecula Prompts 10-Hour Closure. Retrieved from the World Wide Web on September 21, 2022: https://patch.com/california/temecula/major-crash- blockine-i-15-temecula-nb-lanes-closed
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• Murrieta Pilot Dies in Small Plane Crash in Temecula. Retrieved from the World Wide Web on September 22, 2022: https://www.pe.com/2021/11/23/pilot-dies-in-small-plane- crash-in-temecula/
• National Highway Traffic Safety Administration (NHTSA) National Center for Statistics and Analysis. Retrieved from the World Wide Web on September 20, 2022:
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813286 • National Highway Traffic Safety Administration (NHTSA) National Center for Statistics and Analysis. Retrieved from the World Wide Web on September 20, 2022:
https://crashstats.nhtsa.dot.gov
• National Terrorism Advisory System. Retrieved from the World Wide Web on September 29, 2022: https://www.dhs.gov/national-terrorism-advisory-system • Ritter, Malcolm, (2003, December 14). Experts warn of flu pandemic in future. Press - Enterprise, pp. Al.
• Radiological Emergency Preparedness. Retrieved from the World Wide Web on September 29, 2022: https://www.fema.gov/emergency-
managers/practitioners/hazardous-response-capabilities/radiological • San Onofre Safety. Retrieved from the World Wide Web on September 29, 2022:
https://sanonofresafety.org/
• San Onofre Nuclear Generating Station: Retrieved from the World Wide Web on September 18, 2022:
https://en.wikipedia.org/wiki/San Onofre Nuclear Generating Station • Spanish Flu. Retrieved from the World Wide Web on September 26, 2022:
https://en.wikipedia.org/wiki/Spanish flu
• Spent Fuel and Waste Disposition. Retrieved from the World Wide Web on September 29, 2022: https://www.energy.gov/ne/spent-fuel-and-waste-disposition • Status of World Nuclear Forces. Retrieved from the World Wide Web on September 29, 2022: https://fas.org/issues/nuclear-weapons/status-world-nuclear-forces/ • Strategic National Stockpile. Retrieved from the World Wide Web on September 30, 2022:
https://globalbiodefense.com/tag/countermeasure-stockpile/ • Strategic National Stockpile: Retrieved from the World Wide Web on September 30, 2022:
https://www.phe.gov/about/sns/Pages/default.aspx
• Strategic National Stockpile: Retrieved from the World Wide Web on September 30, 2022:
https://www.cdc.gov/cpr/documents/dsns fact sheet.pdf
• COVID-19. Retrieved from the World Wide Web on September 28, 2022:
https://en.wikipedia.org/wiki/COVID-19
• Terrorism Files.org. Terrorism History. Retrieved from the World Wide Web on November 18, 2003: http://www.terrorismfiles.org/encyclopaedia/history of terrorism.html • Terrorism? Sabotage? Canister Failure? Experts Explore San Onofre Doomsday Scenarios:
Retrieved from the World Wide Web on September 29, 2022:
https://en.wikipedia.org/wiki/San Onofre Nuclear Generating Station • USGS Earthquake Info. Retrieved from the World Wide Web on September 30, 2022:
https://www.usgs.gov/programs/earthquake-hazards/earthquakes CITY OF TEMECULA 1151 P a g e
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APPENDICES
Appendix A — Glossary of Terms
Action Plan
A plan prepared for response and recovery to large emergencies that contains strategic objectives and goals to enable the jurisdiction(s) to work towards getting back to normal operations. Typically, an Action Plan is developed for each operational period (12 hours).
American Red
A federally chartered volunteer agency that provides relief to individuals Cross
and families. Responsibilities include providing lodging, food, clothing, and registration and inquiry service.
Care and Shelter
A function that provides food, clothing, and housing needs for people on a mass care basis.
Concept of
Methods that agencies use to organize their response to disasters.
Operations
Contamination
Deposits of radioactive or other toxic materials that occur on the surfaces of structures, areas, objects, people, flora, and fauna.
Contingency Plan
A supporting plan which deals with one specific type of emergency, its probable effect on the jurisdiction, and the actions necessary to offset these efforts.
Disaster Service
Any persons registered with a disaster council to provide disaster services Worker
without pay. Disaster service workers include public employees, registered volunteers, and persons pressed into service during an emergency by persons authorized to command such services.
Egress
The act of coming or going out from or of leaving a place.
Emergency
A centralized location from which emergency operations can be directed Operations Center and coordinated.
Federal Assistance Aid to disaster victims or state or local governments by federal agencies under the provisions of the Federal Disaster Relief Act and other statutory authorities of federal agencies.
Hazardous Material A substance or combination of substances which, because of quantity, concentrations, physical, chemical, radiological, explosive, or infectious characteristics, poses a substantial present or potential danger to humans or the environment.
Generally, such materials are classified as explosives and blasting agents, flammable and nonflammable gases, combustible liquids, flammable liquids and solids, oxidizers, poisons, disease -causing agents, radioactive materials, corrosive materials, and other materials including hazardous wastes.
Hazardous Any release of material is capable of posing a risk to health, safety, and Materials Incident property. Areas at risk include facilities that produce, process, transport, or store hazardous material, as well as sites that treat, store, and dispose of hazardous material.
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Incident Command
The nationally used standardized on -scene emergency management System (ICS)
concept specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents without being hindered by jurisdictional boundaries.
Joint Information
A Joint Information Center is a center that is activated when multiple Center
agencies need to collaborate to provide timely, useful, and accurate information to the public.
Local Emergency
The duly proclaimed existence of conditions of disaster or of extreme peril to the safety of person and property within the territorial limits of a county, city and county, or city which are, or likely to be, beyond the control of the services, personnel, equipment, and facilities of that jurisdiction.
Mitigation
Pre -event planning and other actions which lessen the effects of potential disasters.
Mutual Aid Region A subdivision of the State of California emergency services organization established to coordinate mutual aid and other emergency operations.
Operational Area An intermediate level of the State of California emergency services organization consisting of a county and all its political subdivisions.
Political For California: Any city, city and county, county, district, or other local Subdivision government agency or public agency authorized by law.
Public Information An official responsible for releasing information to the public through news Officer media.
Standard Operating A set of instructions covering those features of operations which lend Procedures themselves to a definite or standardized procedure. Standard operating procedures support an annex by indicating in detail how a particular task will be carried out.
Unified Command A command structure which provides for all agencies or individuals who have jurisdictional responsibility (geographical or functional) to jointly manage an incident through a common set of objectives.
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Appendix B — List of Acronyms
ADA
Americans with Disabilities Act
AED
Automated External Defibrillator
Cal OES
California Office of Emergency Services
Cal ISO
California Independent System Operations
CALFIRE
California Fire
CALVET
California Veterans Affairs
CALTRANS
California Transportation
CCR
California Code of Regulations
CDC
Center for Disease Control
CERT
Community Emergency Response Team
CESA
California Emergency Services Act
CHP
California Highway Patrol
COVID-19
Coronavirus Disease-19
CPR
Cardiopulmonary Resuscitation
CPUC
California Public Utilities Commission
DHS
Department of Homeland Security
DOE
Department of Energy
DSW
Disaster Service Worker
DVL
Diamond Valley Lake
DWR
Department of Water Resources
EAS
Emergency Alert System
EMAC
Emergency Management Assistance Compact
EMMA
Emergency Managers Mutual Aid
EOC
Emergency Operations Center
EOP
Emergency Operations Plan
EPA
Environmental Protection Agency
ERF
Emergency Response Force
FBI
Federal Bureau of Investigation
FE
Functional Exercise
FSE
Full -Scale Exercise
FCC
Federal Communications Commission
FEMA
Federal Emergency Management Agency
HHS
Department of Human Health Services
HMGP
Hazard Mitigation Grant Program
HMB
Hazardous Materials Branch
HSAS
Homeland Security Advisory System
HSC
Homeland Security Council
HSEEP
Homeland Security Exercise and Evaluation Program
HSPD
Homeland Security Presidential Directive
HT
Handheld Transceiver
IA
Individual Assistance
IC
Incident Commander
ICP
Incident Command Post
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ICS
Incident Command System
JIC
Joint Information Center
JIS
Joint Information System
LAC
Local Assistance Center
LHMP
Local Hazard Mitigation Plan
MACS
Multi -Agency Coordination System
MHz
Megahertz
NDAA
Natural Disaster Assistance Act
NHTSA
National Highway Traffic Safety Administration
NIMS
National Incident Management System
NPS
National Pharmaceutical System
NRC
U.S. Nuclear Regulatory Commission
NTAS
National Terrorism Alert System
NTSB
National Transportation Safety Board
OA
Operational Area
OAPC
Operational Area Planning Committee
OEM
Office of Emergency Management
PA
Public Assistance
PDA
Preliminary Damage Assessment
PIO
Public Information Officer
PSEC
Public Safety Enterprise Communications
PSPS
Public Safety Power Shutoff
RACES
Radio Amateur Emergency Services
REOC
Regional Emergency Operations Center
RIMS
Response Information Management System
SCE
Southern California Edison
SEMS
Standardized Emergency Management System
SNS
Strategic National Stockpile
SONGS
San Onofre Nuclear Generating Station
SOP
Standard Operating Procedure
TCC
Temecula Citizen Corps
TTX
Table -Top Exercise
TVH
Temecula Valley Hospital
VHF
Very -High Frequency
VOAD
Voluntary Organizations Active in Disaster
WEA
Wireless Emergency Alert
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List of Figures
• Figure 1: Disaster Management Cycle
• Figure 2: Recovery Spider Chart
• Figure 3: Local Assistance Center Graphic
• Figure 4: Mitigation Process
• Figure 5: Generic ICS Organizational Chart
• Figure 6: SEMS Levels Chart
• Figure 7: Cal OES Administrative Regions
• Figure 8: Cal OES Mutual Aid Regions
• Figure 9: City of Temecula EOC Organization Chart
• Figure 10: City of Temecula EOC Activation Levels
• Figure 11: EOC Display Chart
• Figure 12: City of Temecula Mutual Aid Flow Chart
• Figure 13: Discipline Specific Mutual Aid Systems
• Figure 14: Cal OES Mutual Aid Regions
• Figure 15: Hazard Matrix — Likelihood of Occurrence
• Figure 16: Types of Faults
• Figure 17: Elsinore Fault Line — City of Temecula
• Figure 18: Temecula Fault Lines
• Figure 19: San Andreas Fault — Historical Timeline
• Figure 20: Riverside County Fault Zones / Lines
• Figure 21: Comparison of Richter Magnitude and Modified Mercalli Intensity • Figure 22: Temecula Liquefaction Zones
• Figure 23: Gas Transmission Lines
• Figure 24: San Diego Firestorm Map 2014
• Figure 25: City of Temecula Flood Hazard Map
• Figure 26: Vail Dam Flood Inundation Map 1
• Figure 27: Vail Dam Flood Inundation Map 2
• Figure 28: Vail Dam Flood Inundation Map 3
• Figure 29: Vail Dam Flood Inundation Map 4
• Figure 30: Vail Dam Flood Inundation Map 5
• Figure 31: Skinner Dam Flood Inundation Map 1
• Figure 32: Skinner Dam Flood Inundation Map 2
• Figure 33: DVL Saddle Dam
• Figure 34: DVL West Dam
• Figure 35: DVL Inundation Map
• Figure 36: DVL Inundation Map —Temecula
• Figure 37: Freeway Crash Picture
• Figure 38: French Valley Airport Departure Zones
• Figure 39: Plane Crash at Somers Bend
• Figure 40: George Floyd Riot Picture
• Figure 41: Cal ISO Electricity Supply and Delivery
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• Figure 42: NTAS Alert Graphic
• Figure 43: Strategic National Stockpile Picture
• Figure 44: Strategic National Stockpile Response History • Figure 45: Temecula COVID Graphic
• Figure 46: San Onofre Nuclear Plant
• Figure 47: San Onofre Nuclear Zone Map
• Figure 48: Estimated Global Nuclear Warhead Inventory 2022 • Figure 49: 23 Kiloton Tower Shot (Badger) April 1953
CITY OF TEMECULA 1221 P a g e
Item No. 10
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 25, 2023
SUBJECT: Approve Purchase and Installation Agreements with Playcore Wisconsin, Inc. dba GameTime and Landscape Structures, Inc., for Playground Equipment Enhancement and Safety Surfacing at Temecula Creek Trail Park, Redhawk Park, Calle Aragon Park, and Long Canyon Park
PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant
RECOMMENDATION: That the City Council:
1. Approve the purchase and installation agreement with GameTime, in the amount of $334,641.07, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for Playground Equipment Enhancement and Safety Surfacing (Temecula Creek Trail Park); and
2. Approve the purchase and installation agreement with GameTime, in the amount of $531,702.58, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for Playground Equipment Enhancement and Safety Surfacing (Redhawk Park); and
3. Approve the purchase and installation agreement with GameTime, in the amount of $73,736.46, and authorize City Manager to approve additional work not to exceed a contingency amount of $2,000, for the Playground Equipment Enhancement and Safety Surfacing (Calle Aragon Park); and
4. Approve the purchase and installation agreement with Landscape Structures, Inc., in the amount of $438,047.68, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for the Playground Equipment Enhancement and Safety Surfacing (Long Canyon Park).
BACKGROUND: Utilizing cooperative agreements with Sourcewell and Omnia, complete proposals were requested from each vendor for the various park sites and were reviewed by the Parks, Recreation and Community Services Subcommittee.
The Public Works Department, in collaboration with the Temecula Community Services District (TCSD), has worked together to prioritize City park sites that are in need of repair, replacement,
or need further evaluation to determine what measures, if any, may be required to ensure compliance with current safety standards. We have installed new enhancements or replacements of playground equipment and safety surfacing materials in various parks, including the Veteran's Park, Sunset Park, Butterfield Stage Park, and Vail Ranch Park.
GameTime and Landscape Structures, Inc have provided exceptional products and performance in the manufacturing and installation of many of our new playgrounds. Therefore, staff recommends the approval of the Agreements with GameTime and Landscape Structures, Inc., for the Playground Equipment Enhancement and Safety Surfacing projects.
FISCAL IMPACT: The total project costs are $1,378,127.79, plus contingency of $32,000, for a total encumbrance of $1,410,127.79. The Playground Equipment Enhancement and Safety Surfacing project is identified in the City's Capital Improvement Program, Fiscal Years 2023-2027 and adequate funds are available in the project.
ATTACHMENTS: 1. Agreement — GameTime — Temecula Creek Trail Park
2. Agreement — GameTime — Redhawk Park
3. Agreement — GameTime — Calle Aragon Park
4. Agreement — Landscape Structures, Inc. — Long Canyon Park
5. Renderings
PURCHASE AND INSTALLATION AGREEMENT
FOR PLAYGROUND EQUIPMENT ENHANCEMENT
AND SAFETY SURFACING (TEMECULA CREEK TRAIL PARK)
THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and entered into as of April 25, 2023 ("Effective Date") by and between the City of Temecula, a California municipal corporation ("City"), and PLAYCORE WISCONSIN, INC. DBA GAMETIME, a CORPORATION ("Contractor").
RECITALS
A. City desires to engage Contractor to provide and install the following
PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING
INSTALLATION SERVICES, as more fully described herein ("Project").
B. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, is familiar with all conditions relevant to the performance of services and is committed to perform all work as required by this Agreement.
C_ Contractor represents that Contractor is fully qualified, possesses all required licenses and certifications, and has the experience necessary, to perform the work necessary to complete the Project. City selected Contractor for this Project in substantial reliance on such representations by the Contractor.
D. Contractor is a registered dealer of PLAYGROUND AND SAFETY SURFACING and has full access to the equipment and special pricing under the OMNIA Contract Agreement 2017001134 ("Cooperative Contract") and all applicable provisions are incorporated herein.
E. The City is a member of OMNIA (Member no. 1148668) and is authorized to use the Cooperative Contract.
F. City and Contractor enter this Agreement in order to set forth terms and conditions governing each party's performance of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the Parties agree as follows:
Scope of Work.
1.1 In consideration of the payment of the purchase price and subject to all the terms and conditions hereof, including applicable provisions of the Cooperative Agreement, Contractor shall provide all tangible items and products, and perform all services, described in the Scope of Services and Fee Schedule attached hereto as Exhibit "A" and incorporated herein by reference ("Products" and "Services", respectively). 2710330 -1-
Contractor covenants that: (i) it will perform all Services in a manner commensurate with all applicable, professional standards and degree of skill and care; and (ii) all Products will be new and of the highest quality available.
1.2 Contractor shall perform all work set forth in Exhibit A, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary to complete the Project as required herein.
1.3 The Products shall be delivered to the location designated in writing by the City. Title to and the risk of loss, damage, and destruction of the Products shall remain with the Contractor until inspection and acceptance of the Products by City. Such inspection may include reasonable tests and use of the Products by City. City may, at its option, (i) reject any or all of the Products found to be defective or otherwise not in compliance with the requirements of this Agreement; or, (ii) accept substitute Product(s) satisfactory to the City. Contractor shall be responsible for any and all costs of transportation and replacement of any rejected Products.
1.4 If the total Contract amount exceeds $25,000, then Contractor shall provide a payment bond in an amount equal to 100% of the Contract price. If required by the City prior to commencing work, Contractor shall provide a performance bond in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. The performance bond, if required, shall remain in force until written acceptance of the Work and the end of the one (1) year warranty period.
2. Time of Performance. Time is of the essence in the performance of the Services and Contractor shall complete the Project installation, implementation and acceptance testing within the times set forth in Exhibit A. The failure by Contractor to meet this schedule may result in termination of this Agreement by City.
3. Term. Unless earlier terminated in accordance with Section 18 of this Agreement, this Agreement shall continue in full force and effect until satisfactory completion of the Services.
4. Compensation.
4.1 City shall pay Contractor for the Services on a fixed fee, not -to -exceed basis, in accordance with the provisions of this Section and Exhibit A. Contractor's total and complete compensation for all Services satisfactorily performed and Products properly provided, shall not exceed Three Hundred Thirty -Four Thousand, Six Hundred Forty -One Dollars and Seven Cents ($334,641.07), unless otherwise agreed upon in writing.
4.2 Contractor shall submit invoices to City describing the Services performed and/or the specific task in the Scope of Services to which it relates, and the date the Services were performed. City shall pay Contractor no later than thirty (30) calendar days after City approval of the invoice.
4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit A to this Agreement or specifically approved in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary when this Agreement was executed.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit A, or otherwise as agreed upon in writing.
4.5 Unless otherwise agreed upon in writing, Contractor shall provide City with a minimum fourteen (14) days' notice of its date(s) of installation to enable the City to ready the installation site(s) for installation the Products in accordance with the instructions of Contractor, if any. The City shall complete any required site preparation prior to the date installation of the Products begins.
5. Project Manager. Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Agreement. Contractor has designated Myles Harvey to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld.
6. Administration. This Agreement will be administered by the City Manager or designee, who shall be the Project Administrator and shall have the authority to act for City under this Agreement.
7. Tvpe and Installation of Materials/Standard of Care.
7.1 Contractor shall use only the only materials and Products described in Exhibit A in performing the Services. Any deviation from the materials or Products described in Exhibit A shall not be permitted unless approved in advance in writing by the Project Administrator.
7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with industry -wide professional standards. All Services shall be performed by qualified and experienced personnel.
7.3 At all times during the term of this Agreement, Contractor shall possess a valid and current Class B, C-16/D34, and C-61/D12 California Contractor's License to perform the work. Contractor hereby certifies that it holds the required license(s), License No. 855664.
8. Indemnification.
8.1 To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' passive negligence, except for Liabilities arising from the active or sole negligence or willful misconduct of the Indemnitees, as determined by judicial decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
Upon completion of the installation, this indemnification is not intended to cover, and the Contractor is not responsible for, any damages resulting from any lack of maintenance; inadequate supervision; negligence; intentional acts of anyone other than the Contractor or their affiliates; inadequate surfacing; or vandalism. Regarding product liability, this indemnification and any insurance provided by Contractor is intended to indemnify for claims arising solely from the negligent design or manufacture of the Playground Equipment. This clarification of the indemnification section of this contract supersedes any other section of this contract, regarding indemnification, which might be interpreted in any other way.
For liabilities arising out of "design professional services", and in accordance with Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor, exceed Contractor's proportionate percentage of fault.
8.2 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property.
Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project work.
8.3 The rights and obligations set forth in this Section shall survive the termination of this Agreement.
9. Independent_Contractor. City has retained Contractor as an independent contractor and neither Contractor nor its employees, nor any of its subcontractors, are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service statutes or other right of employment shall accrue to Contractor or its employees.
10. Cooperation. Contractor agrees to work closely and cooperate fully with City's Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project.
11. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference.
12. Prevaiing Wages.
12.1 This Agreement calls for work to be performed constituting public works.
Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the California Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)] If the Agreement price exceeds $25,000, Contractor shall be registered with DIR. Unless exempt, Contractor's DIR Registration number is 1000015526.
12.2 Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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, not more than $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 this Agreement. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
12.3 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the requirements of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. Eight hours' labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813.
13. Subcontracting. The subcontractors authorized by City, if any, to perform work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.
14. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract wherein Contractor is or may likely become "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract.
15. Notices. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed as follows:
To the City:
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: Stacy Fox
To the Contractor:
Playcore Wisconsin, Inc. dba GameTime
PO Box 680121
Fort Payne, AL 35968
Attn: Myles Harvey
16. Termination
16.1 Termination with Cause. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. In the event that the default cannot be cured within five (5) days, no such failure will be deemed to exist if the defaulting party has given the non -defaulting party adequate assurance of due performance and commenced to cure such default within such period, such cure efforts are prosecuted to completion with reasonable diligence, and in any event are completed with thirty (30) days.
16.2 Termination Without Cause. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred in the performance of such Services up to the effective date of termination for which Contractor has not previously been paid. In the event of termination under this Section, City shall also pay Contractor for all Products, associated materials, and hardware delivered to City site under this Agreement.
17. Contractors Knowledge of Conditions. By executing this Agreement, Contractor warrants that Contractor has visited or has been provided the opportunity to visit the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Services.
18. Warranty. For all Products provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the Products and the right to transfer ownership of the Products to the City; the product shall be delivered to the City free from any security interest or other lien; the Products meet all specifications contained herein and are fit for their intended purpose(s); and, the Products and the Services shall be free from material defects in materials and workmanship under normal use for a period of not less than one (1) year from the date of delivery and completion of the work. The foregoing warranty is in addition to any and all manufacturers' warranties.
All otherwarranties applicable to the equipment and materials purchased by City pursuant to this Agreement shall be as specified in Exhibit A.
19. Representations. Each party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Agreement; (b) that there are no actions, proceedings or investigations, pending or, to the best of each party's knowledge, threatened against such party which may in any manner whatsoever materially affect the enforceability of this Agreement or the rights, duties and obligations of the parties hereunder; and (c) that the execution, delivery and performance of this Agreement will not constitute a breach or default under any agreement, law or court order under which such party is a party or may be bound or affected by or which may affect the rights, duties and obligations hereunder.
20. Assignment. Contractor may not assign or transfer this Agreement without the City's prior, written consent.
21. Force Majeure. Neither party shall be responsible for delays in performance caused by unforeseeable events beyond the control and without the fault or negligence of the parties, including but not limited to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, and/or freight embargoes. Contractor's lack of funding for any reason shall not be a force majeure. If Contractor claims force majeure, City shall ascertain the facts and extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City such delay is justified. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
22. Miscellaneous Provisions.
22.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.
22.2 Compliance with all Laws. Contractor shall at its sole cost and expense comply with all applicable statutes, ordinances, codes, and regulations throughout the term of this Agreement.
22.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
22.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
22.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments or exhibits hereto, the terms of this Agreement shall govern.
22.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
22.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
22.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
22.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Riverside, State of California.
22.10 Equal Opportunity_ Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law.
22.11 Attorneys' Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled.
22.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date
By:
Name: Peter M. Thorson
Title: City Attorney
ATTEST:
Date:
By:
Name: Randi Johl
Title: City Clerk
CITY OF TEMECULA,
a municipal corporation
Date:
By:
Name:Zak Schwank
Title: Mayor
CONTRACTOR:
Playcore Wisconsin, Inc. dba Gametime,
a Corporation
By: �4,4,�p
Name: Clint Whiteside
Title: Director of Sales Administration
Date: March 29. 2023
Attachments: Exhibit A - Scope of Services and Fee Schedule Exhibit B - Insurance Requirements
Bond Forms
FZr="Gt:
EXHIBIT A
SCOPE OF SERVICES AND
FEE SCHEDULE
GameTime CIO Great Western Recreation 01/20/2023
P.O. Box 680121 C60MGATime� Fort Payne, AL 35967 107880-01-02 O11,ce:435.245-5055 Fax:435.245.5057
PLAYCORE C—P.•Y www.gwpark.com
Temecula Creek Trail Park Playground Option 3
City of Temecula Ship to Zip 92667
Attn: Star Fox
41000 Main Street
Temecula, CA 92590
Phone: 951-308-0306
[email protected]
uarinty
-art
itzscription
tnit Price
Amount
1 RDU
GameTine - Custom 5-12 Playground-
$75,842.00
$75,842.00
Reference Drawing 107880-01-Opt 3
1 5916SP
GameTIme - GT Wave
$74,902.00
$74,902.00
1 5179
Gam,:Tme- Welcome Sign (5-12)
$713.00
$713.00
1 14927
GameTine - NDS Play On Sign Package
2 61768
GameTiine-Talk Tube Ground Lvl Fmostand Ps 2-5
5723.00
$1,446M
t
RDU
Game -Time - Swing Seats-
$4,340.00
$4,340.00
Reference Drawing 107880-01-Opl3
1 5192
GT-Shade - Double Bay Swing Shade
$12,09tt.00
$12,090-00
115
INSTALL
Turlwscape -115 Cub c Yards of Engineered Wood Fiber- Blown In- $6220
$7,153.00
Prevalling Wage
1843
PIP
GT-Impax -1,843 SF of PIP-
$21.18
$39,034.74
"List Price $47,603.35, discounted per Omnla Conlrect
1843 Total Sq Ft, 8' CFI4 ( 1670 sf PLUS 115If t.down x 1-5 ) Includes 50f50 std epdrn and black - tbd
No Design, No TTA pads
Aromatic Binder
Prevailing Wages
1 SECURfiY
GT-Innpax - Site Security-
$925.00
$925.00
Prevailing Wages
1 INSTALL
Install -Site Work-
$37.265.00
$37265.00
• Demo/remove equipment, sand, PIP and PIP subbase-
- Providermstal11,979 sgft of CMB materfas con'ipacted to W%for 4" depth- • Excavatelremove 2,365 sgft of existing sand 12' depth. • Remove and dispose spoils.
• Prevailing wages.
• Price includes one (1) move -on only
1 INSTALL
Install - Playground Equipment-
$75.095-00
$75,095-00
• Installation only of (1) Gamebme SVucture #/10788"1-Opt 3 • Providelinstall filter Fabric for 2,365 sgft only
Footings excavation, and concrete -
Equipment assembly.
• Removal of spoils
• Prevailing wages.
• Price includes one (1) move -on only.
1 BOND
Gameiime - Payment and Performance Bond
$5.035-00
$5,035-00
GameTme CIO Great Western Recreation 01/20/2023
CGme
� armP O. Box 680121 Ou ate #a11 1�' Fort Payne, AL 35967 107800-01-02 Offrce:435-245-5055 Fax:435-245-5057
A P[A; CORE Cw wv www.gwpark.com
Temecula Creek Trail Park Playground Option 3
Contract: OMNIA #2017001134 Sub Total $333,840.74
Discount (524,143.12)
Freight $12,239.34
Tax $12,704.11
Comments
Your Sales Rep is Myles Harvey. Please reach out to Myles at 805-320-9007 it you should have any questions regarding this quote.
We to the volatility of freight costs, the freight pricing is subject to change at the time of order.
Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old.
Shipping to -
Installer
1009 N Batavia
Orange, CA 92867
Site Address:
Temecula Creek Trail Park
33662 Channel St
Terecula, CA 92592
'Freight charges are based on listed zip code and are subject, to change if shipping information changes *Deposit may be required.
Customer is responsible for offloading.
Prevailing wage
0Vy of Temecula OMNIA # 1146668
Temecula Creek Trail Park Playground- Project 107880-01-Opt 2 Temecula, CA
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GREAT WESTERN
A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 [email protected] R E C R E A T 1 0 N
Temecula Creek Trail Park Playground- Project 107880-01-Opt 2 Temecula, CA
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A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS
P: (435) 245-5055 / F: 435 245-5057 [email protected]
GREAT WESTERN
R E C R E A T 1 0 N
EXHIBIT B
INSURANCE REQUIREMENTS
Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage_ Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
C. ALltomoblle Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:
A. Waiver of Subrogation. Excepting professional liability insurance, all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss.
Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
B. Additional Insured Status. Commercial general and auto liability policies shall provide or be endorsed to provide that City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency and their officers, officials, employees, agents and volunteers shall be named as additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
C. Primary and Non Contributory. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
D. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, in response to a verified claim.
B. City's Right to Revise Requirements. City reserves the right, but only with reasonable cause, at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor's compensation. Contractor has the right to reject such request if the increase or change is deemed unnecessary or frivolous.
C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees.
D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. Self-insurance will not be considered to comply with these requirements unless approved by City.
G. Cify Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
Bond No.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Temecula ("City"), has awarded to
("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, provisions, and warranties in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
By:
Its
By:
Its
(Seal)
"Surety"
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
Bond No.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Temecula ("City"), State of California, has awarded to ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of _ Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code
Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
By:
Its
By:
Its
(Seal)
"Surety"
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
CORPORATE RESOLUTION
,
Clint T. Whiteside GameTime Director of Sales Administration, whose signature appears below is hereby authorized on behalf of this Corporation to enter into agreements related to the sale of the company's products, to agree to such terms and conditions as such officer deems advisable and to execute agreements as deemed proper and advisable by such officer in connection the endeavors of the Corporation.
Such officer is also authorized to affix the seal of the corporation to any documents which the officer deems proper and advisable.
I Jr v.
that all acts of such officer previously undertaken in behalf of the Corporation are hereby ratified and affirmed.
Said officer is authorized to act upon this Resolution until written notice of its revocation.
GameTime
A Division of P1ayCore Wisconsin, Inc.
Clint T. Whiteside, Director of Sales Administration,
»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»
I, Roger R. Posacki CEO President and Director Chairman of Pla Core Wisconsin Inc., a Wisconsin corporation, do hereby certify that the Resolution above is a true copy of a resolution and that the signature appearing above is the genuine signature of the person authorized as Sales Administration Project Manager for GameTime — A Division of Pla Core Wisconsin Inc. to act on behalf of said Corporation.
PlayCore Wisconsin, Inc.
544 Chestnut Street
Chattanooga, Tennessee 37402
— 14: 41v
Roger V Po acki, President and CEO
STATE OF TENNESSEE
COUNTY OF HAMILTON
SWORN TO and subscribed before me this 12th day of January, 2023. 4p�U P�Ny
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Stacey Grupenha n, Notary P lic q�'^
My commission expires: January 5, 2024 N iEQTASf�'
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PURCHASE AND INSTALLATION AGREEMENT
FOR PLAYGROUND EQUIPMENT ENHANCEMENT
AND SAFETY SURFACING (REDHAWK PARK)
THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and entered into as of April 25, 2023 ("Effective Date") by and between the City of Temecula, a California municipal corporation ("City"), and PLAYCORE WISCONSIN, INC. DBA GAMETIME, a CORPORATION ("Contractor").
RECITALS
A. City desires to engage Contractor to provide and install the following
PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING
INSTALLATION SERVICES, as more fully described herein ("Project").
B. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, is familiar with all conditions relevant to the performance of services and is committed to perform all work as required by this Agreement.
C. Contractor represents that Contractor is fully qualified, possesses all required licenses and certifications, and has the experience necessary, to perform the work necessary to complete the Project. City selected Contractor for this Project in substantial reliance on such representations by the Contractor.
D. Contractor is a registered dealer of PLAYGROUND AND SAFETY SURFACING and has full access to the equipment and special pricing under the OMNIA Contract Agreement 2017001134 ("Cooperative Contract") and all applicable provisions are incorporated herein. -
E. The City is a member of OMNIA (Member no. 1148668) and is authorized to use the Cooperative Contract.
F. City and Contractor enter this Agreement in order to set forth terms and conditions governing each party's performance of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the Parties agree as follows:
Scope of Work.
1.1 In consideration of the payment of the purchase price and subject to all the terms and conditions hereof, including applicable provisions of the Cooperative Agreement, Contractor shall provide all tangible items and products, and perform all services, described in the Scope of Services and Fee Schedule attached hereto as Exhibit "A" and incorporated herein by reference ("Products" and "Services", respectively). 2710330 -1-
Contractor covenants that: (i) it will perform all Services in a manner commensurate with all applicable, professional standards and degree of skill and care; and (ii) all Products will be new and of the highest quality available.
1.2 Contractor shall perform all work set forth in Exhibit A, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary to complete the Project as required herein.
1.3 The Products shall be delivered to the location designated in writing by the City. Title to and the risk of loss, damage, and destruction of the Products shall remain with the Contractor until inspection and acceptance of the Products by City. Such inspection may include reasonable tests and use of the Products by City. City may, at its option, (i) reject any or all of the Products found to be defective or otherwise not in compliance with the requirements of this Agreement; or, (ii) accept substitute Product(s) satisfactory to the City. Contractor shall be responsible for any and all costs of transportation and replacement of any rejected Products.
1.4 If the total Contract amount exceeds $25,000, then Contractor shall provide a payment bond in an amount equal to 100% of the Contract price. If required by the City prior to commencing work, Contractor shall provide a performance bond in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. The performance bond, if required, shall remain in force until written acceptance of the Work and the end of the one (1) year warranty period.
2. Time of Performance. Time is of the essence in the performance of the Services and Contractor shall complete the Project installation, implementation and acceptance testing within the times set forth in Exhibit A. The failure by Contractor to meet this schedule may result in termination of this Agreement by City.
3. Term. Unless earlier terminated in accordance with Section 18 of this Agreement, this Agreement shall continue in full force and effect until satisfactory completion of the Services.
4. Compensation.
4.1 City shall pay Contractor for the Services on a fixed fee, not -to -exceed basis, in accordance with the provisions of this Section and Exhibit A. Contractor's total and complete compensation for all Services satisfactorily performed and Products properly provided, shall not exceed Five Hundred Thirty -One Thousand, Seven Hundred Two Dollars and Fifty -Eight Cents ($531,702.58), unless otherwise agreed upon in writing.
4.2 Contractor shall submit invoices to City describing the Services performed and/or the specific task in the Scope of Services to which it relates, and the date the Services were performed. City shall pay Contractor no later than thirty (30) calendar days after City approval of the invoice.
4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit A to this Agreement or specifically approved in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary when this Agreement was executed.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit A, or otherwise as agreed upon in writing.
4.5 Unless otherwise agreed upon in writing, Contractor shall provide City with a minimum fourteen (14) days' notice of its date(s) of installation to enable the City to ready the installation site(s) for installation the Products in accordance with the instructions of Contractor, if any. The City shall complete any required site preparation prior to the date installation of the Products begins.
5. Project Manager. Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Agreement. Contractor has designated Myles Harvey to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld.
6. Administration. This Agreement will be administered by the City Manager or designee, who shall be the Project Administrator and shall have the authority to act for City under this Agreement.
7. Type and Installation of Materials/Standard of Care.
7.1 Contractor shall use only the only materials and Products described in Exhibit A in performing the Services. Any deviation from the materials or Products described in Exhibit A shall not be permitted unless approved in advance in writing by the Project Administrator.
7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with industry -wide professional standards. All Services shall be performed by qualified and experienced personnel.
7.3 At all times during the term of this Agreement, Contractor shall possess a valid and current Class B, C-61/D34, and C-61/D12 California Contractor's License to perform the work. Contractor hereby certifies that it holds the required license(s), License No. 855664.
8. Indemnification,
8.1 To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' passive negligence, except for Liabilities arising from the active or sole negligence or willful misconduct of the Indemnitees, as determined by judicial decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
Upon completion of the installation, this indemnification is not intended to cover, and the Contractor is not responsible for, any damages resulting from any lack of maintenance; inadequate supervision; negligence; intentional acts of anyone other than the Contractor or their affiliates; inadequate surfacing; or vandalism. Regarding product liability, this indemnification and any insurance provided by Contractor is intended to indemnify for claims arising solely from the negligent design or manufacture of the Playground Equipment. This clarification of the indemnification section of this contract supersedes any other section of this contract, regarding indemnification, which might be interpreted in any other way.
8.2 For liabilities arising out of "design professional services", and in accordance with Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor, exceed Contractor's proportionate percentage of fault.
8.3 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property.
Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project work.
8.4 The rights and obligations set forth in this Section shall survive the termination of this Agreement.
9. Independent Contractor. City has retained Contractor as an independent contractor and neither Contractor nor its employees, nor any of its subcontractors, are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service statutes or other right of employment shall accrue to Contractor or its employees.
10. Cooperation. Contractor agrees to work closely and cooperate fully with City's Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project.
11. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference.
12. Prevailing Wage .
12.1 This Agreement calls for work to be performed constituting public works.
Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the California Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)] If the Agreement price exceeds $25,000, Contractor shall be registered with DIR. Unless exempt, Contractor's DIR Registration number is 1000015526.
12.2 Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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, not more than $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 this Agreement. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
12.3 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the requirements of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. Eight hours' labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813.
13. Subcontracting. The subcontractors authorized by City, if any, to perform work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.
14. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract wherein Contractor is or may likely become "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract.
15. Notices. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed as follows:
To the City:
To the Contractor:
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: Stacy Fox
Playcore Wisconsin, Inc. dba GameTime
PO Box 680121
Fort Payne, AL 35968
Attn: Myles Harvey
16. TERMINATION
16.1 Termination with Cause. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. In the event that the default cannot be cured within five (5) days, no such failure will be deemed to exist if the defaulting party has given the non -defaulting party adequate assurance of due performance and commenced to cure such default within such period, such cure efforts are prosecuted to completion with reasonable diligence, and in any event are completed with thirty (30) days.
16.2 Termination Without Cause. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred in the performance of such Services up to the effective date of termination for which Contractor has not previously been paid. In the event of termination under this Section, City shall also pay Contractor for all Products, associated materials, and hardware manufactured or delivered to City site under this Agreement.
17. Contractor's Knowledge of Conditions. By executing this Agreement, Contractor warrants that Contractor has visited or has been provided the opportunity to visit the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Services.
18. Warranty. For all Products provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the Products and the right to transfer ownership of the Products to the City; the product shall be delivered to the City free from any security interest or other lien; the Products meet all specifications contained herein and are fit for their intended purpose(s); and, the Products and the Services shall be free from material defects in materials and workmanship under normal use for a period of not less than one (1) year from the date of delivery and completion of the work. The foregoing warranty is in addition to any and all manufacturers' warranties.
All other warranties applicable to the equipment and materials purchased by City pursuant to this Agreement shall be as specified in Exhibit A.
19. Representations. Each party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Agreement; (b) that there are no actions, proceedings or investigations, pending or, to the best of each party's knowledge, threatened against such party which may in any manner whatsoever materially affect the enforceability of this Agreement or the rights, duties and obligations of the parties hereunder; and (c) that the execution, delivery and performance of this
Agreement will not constitute a breach or default under any agreement, law or court order under which such party is a party or may be bound or affected by or which may affect the rights, duties and obligations hereunder.
20. Assignment. Contractor may not assign or transfer this Agreement without the City's prior, written consent.
21. Farce Majeure. Neither party shall be responsible for delays in performance caused by unforeseeable events beyond the control and without the fault or negligence of the parties, including but not limited to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, and/or freight embargoes. Contractor's lack of funding for any reason shall not be a force majeure. If Contractor claims force majeure, City shall ascertain the facts and extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City such delay is justified. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
22. Miscellaneous Provisions.
22.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.
22.2 Compliance with all Laws. Contractor shall at its sole cost and expense comply with all applicable statutes, ordinances, codes, and regulations throughout the term of this Agreement.
22.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
22.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
22.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments or exhibits hereto, the terms of this Agreement shall govern.
22.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
22.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
22.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
22.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Riverside, State of California.
22.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law.
22.11 Attorneys' Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled.
22.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written above.
APPROVED AS TO FORM: CITY OF TEMECULA,
a municipal corporation
CITY ATTORNEY'S OFFICE
Date. -
Date:
By:
Name: Peter M. Thorson
Title: City Attorney_
ATTEST:
Date-
By-
Name:Randi Johl
Title: Citv Clerk
By:
Name:Zak Schwank
Title: Mayor
CONTRACTOR:
Playcore Wisconsin, Inc. dba Gametime,
a Corporation
By:� Name: Clint Whiteside
Title: Director of Sales Administration
Date: March 29, 2023
Attachments: Exhibit A - Scope of Services and Fee Schedule Exhibit B - Insurance Requirements
Bond Forms
ts- It 11 123
EXHIBIT A
SCOPE OF SERVICES AND
FEE SCHEDULE
GameTiirne UO Great Western Recreation 0112.0!2023
(GOMOTIMOP.O. Box 680121 Quote #
Fort Payne, AL 35967 107880-02-03
Offlce: 435 245-W55 Fax: 435-245.5057
A RLX�i CORE camps-, Www-gwpark.com
Redhawk Community Park Playground Option 3A
City of Temecula Ship to Zip 92867
Attn: Stacy Fox
41000 Main Street
Temecula, CA 92590
Phone:951-308-6306
stacyfox@teme culaCA.gov
,tuantity
Iartg
liescription
r
1 RDU
GameTime - Custom 5-12 Playground-
$232,081.00
$232,081.00
• Reference Drawing 107880-02-Opt3
9 39012
GameTime-TofS Leaf
$511.00
$4,599.00
1 14926
GameTnne-NDS Inclusive Play Sign Package
1 5179
GameTime - Welcome Sign (5-12)
$713.00
3713.00
1 RDU
GameTane - Custom 2-5 Playground-
$37,557.00
$37,557.0
Reference Drawing 107860-02.Opt 3
1 5178
GameTane - Welcome Sign (2-5)
$713-00
S713-GD
1 14927
GameTmne - NDS Play On Sign Package
5 6232
GameTane - Pod (1'-0")
$483.00
$2,415-00
1 7031
GameTane-Whale
$19,078-00
$19,078-00
1 18778
GameTane-Schooner Bow
$3,931-00
$3,931-00
1 81754
GameTane - Music Time
$2,220 00
$2,228.00
1 3274
GameTane - Sensory Wave Seat
$2,539.00
$2,539_01)
1 RDU
Gam eTirne-Swing Seats
$5,651AD
$5,651.00
1 5192
GTShade- Double Bay Swing Shade
312,090-00
$12,090.00
165
INSTALL
Turboscape - 165 Cubic Yards of Engineered Wood Fiber- Blown In- '$6220
$10,263.00
Prevailing Wages
1999
PIP
GT-ImpaK-1,999 SF of PIP-
$21.04
$42,D58.96
-List Price $51,291.41, discounted per Omnia Contract
1999 Total Sq Ft, 8' CFH (1826 sf PLUS 1151f Ldown x 1.5 ) Includes 50150 std epdm and black - tbd
No Design, No TTA pads
Aromatic Binder
Prevailing Wages
Based on good job access, No Design
1 SECURITY GT-ImpaK-Site Security-
$925-00
3925.00
Prevailing Wages
G meTirne C10 Great Westem Recreation 01120/2023
Gin
Box 680121 Quote #
Gi A ■r� Fort Payne, AL 35967 107880-02-03
Ofice:435-245-5055 Fax:435-245-5057
A PLA't'CORE c•„ gyp."r www gwpark.com
Redhawk Community Park Playground Option 3A
1 INSTALL Instal - Site Work-
$56,035.00
$56.035.00
• Demol'remove equipment, sand, PIP and PIP sub-0ase-
• Providefinstall 1,999 sgft of concrete subbase for 4" depth includes 115'LF of turndown. • ProvideMstall (3) sumps drains; 3'DIA x 5' DEEP (Lined with filter fabric and +/- VW rock) • Excavatelremove sand for 1,999 sqft at 7.5" depth
• Excavatelremove 3,435 sgft of existing sand 12" depth. • Remove and dispose spoils.
• Prevailing wages.
• Price includes one (1) move -on only
1 INSTALL Instal - Playground Equipment-
$123,165-00
$123,165-00
• Installation only of (1) Gametime Structure 9107880-01-Opt 3 • Providelinstall fifer Fabric for 3,435 sgft only
• Footings excavation, and concrete.
• Equipment assembry.
• Removal of spoils_
• Prevailing wages.
• Price includes one (1) move -on only-
1 BOND GanieTime - Payment and Performance Bond
$8,000.00
$8,000.00
Contract: OMNIA #2017001134
Sub Total
$564.041.96
Discount
($69,0113.40)
Freight
$14,387-26
Tax
$22,276.76
Comments
Your Sales Rep is Myles Harvey. Please reach out to Myles at 805-320-9007 if you should have any questions regarding this quote.
Due to the volatility of freight Costs, the freight pricing is subject to change at the time of order.
Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old.
Shipping to:
W-ta er
1009 N Batavia
purge, CA 92867
Site Address:
Redhawk Community Park
44747 ftedhawk Fkwy,
Temecula, CA 92592
'Freight charges are based on 1s'eit zip code and are subect to change if shipping information changes. *Deposit may be required.
Customer is re5pons ble for offloading_
Prevailing wage
city of Temecula oMNIA # 1148668
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A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 [email protected] l j
GREAT WESTERN
R E C R E A T 1 0 N
Redhawk Community Park Playground- Project 107880-02-Opt 2 Temecula, CA
�~ .......... ..._._,.
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A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 [email protected] IF
GREAT WESTERN
R E C R E A T 1 0 N
Redhawk Community Park Playground- Project 107880-02-Opt 2 Temecula, CA
A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 [email protected] 1,::
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GREAT WESTERN
R E C R E A T 1 0 N
EXHIBIT B
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:
A. Waiver of Subrogation. Excepting professional liability insurance, all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss.
Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
B. Additional Insured Status. Commercial general and auto liability policies shall provide or be endorsed to provide that City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency and their officers, officials, employees, agents and volunteers shall be named as additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
C. Primary and Non Contributory. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
D. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, in response to a verified claim.
B. City's Right to Revise Requirements. City reserves the right, but only with reasonable cause, at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor's compensation. Contractor has the right to reject such request if the increase or change is deemed unnecessary or frivolous.
C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees.
D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by acceptable security. Self- insurance will not be considered to comply with these requirements unless approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
Bond No.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Temecula ("City"), has awarded to
("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, provisions, and warranties in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
By:
Its
By:
Its
(Seal)
"Surety"
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
Bond No.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Temecula ("City"), State of California, has awarded to ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of _ Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code
Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
By:
Its
By:
Its
(Seal)
"Surety"
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
CORPORATE RESOLUTION
Z
Clint T. Whiteside GameTime Director of Sales Administration, whose signature appears below is hereby authorized on behalf of this Corporation to enter into agreements related to the sale of the company's products, to agree to such terms and conditions as such officer deems advisable and to execute agreements as deemed proper and advisable by such officer in connection the endeavors of the Corporation.
Such officer is also authorized to affix the seal of the corporation to any documents which the officer deems proper and advisable.
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that all acts of such officer previously undertaken in behalf of the Corporation are hereby ratified and affirmed.
Said officer is authorized to act upon this Resolution until written notice of its revocation.
GameTime
A Division of PlayCore Wisconsin, Inc.
C�.�•:�.�Ge�-
Clint T. Whiteside. Director of Sales Administration.
»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»
I, Roger R. Posacki CEO President and Director Chairman of PlayCore Wisconsin Inc., a Wisconsin corporation, do hereby certify that the Resolution above is a true copy of a resolution and that the signature appearing above is the genuine signature of the person authorized as Sales Administration Project Manager for GameTime - A Division of PiayCore Wisconsin, Inc. to act on behalf of said Corporation.
PlayCore Wisconsin, Inc.
544 Chestnut Street
Chattanooga, Tennessee 37402
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Roger . Pa acki, President and CEO
STATE OF TENNESSEE
COUNTY OF HAMILTON
SWORN TO and subscribed before me this 12th day of January, 2023. "'S, [s P Al
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Stacey Grupenha n, Notary P lic U`�� '51 F
My commission expires: January 5, 2024 w pTARE
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PURCHASE AND INSTALLATION AGREEMENT
FOR PLAYGROUND EQUIPMENT ENHANCEMENT
AND SAFETY SURFACING (CALLE ARAGON PARK)
THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and entered into as of April 25, 2023 ("Effective Date") by and between the City of Temecula, a California municipal corporation ("City"), and PLAYCORE WISCONSIN, INC. DBA GAMETIME, a CORPORATION ("Contractor").
RECITALS
A. City desires to engage Contractor to provide and install the following
PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING
INSTALLATION SERVICES, as more fully described herein ("Project").
B. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, is familiar with all conditions relevant to the performance of services and is committed to perform all work as required by this Agreement.
C. Contractor represents that Contractor is fully qualified, possesses all required licenses and certifications, and has the experience necessary, to perform the work necessary to complete the Project. City selected Contractor for this Project in substantial reliance on such representations by the Contractor.
D. Contractor is a registered dealer of PLAYGROUND AND SAFETY SURFACING and has full access to the equipment and special pricing under the OMNIA Contract Agreement 2017001134 ("Cooperative Contract") and all applicable provisions are incorporated herein.
E. The City is a member of OMNIA (Member no. 1148668) and is authorized to use the Cooperative Contract.
F. City and Contractor enter this Agreement in order to set forth terms and conditions governing each party's performance of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the Parties agree as follows:
Scope of Work.
1.1 In consideration of the payment of the purchase price and subject to all the terms and conditions hereof, including applicable provisions of the Cooperative Agreement, Contractor shall provide all tangible items and products, and perform all services, described in the Scope of Services and Fee Schedule attached hereto as Exhibit "A" and incorporated herein by reference ("Products" and "Services", respectively). 2710330 -1-
Contractor covenants that: (i) it will perform all Services in a manner commensurate with all applicable, professional standards and degree of skill and care; and (ii) all Products will be new and of the highest quality available.
1.2 Contractor shall perform all work set forth in Exhibit A, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary to complete the Project as required herein.
1.3 The Products shall be delivered to the location designated in writing by the City. Title to and the risk of loss, damage, and destruction of the Products shall remain with the Contractor until inspection and acceptance of the Products by City. Such inspection may include reasonable tests and use of the Products by City. City may, at its option, (i) reject any or all of the Products found to be defective or otherwise not in compliance with the requirements of this Agreement; or, (ii) accept substitute Product(s) satisfactory to the City. Contractor shall be responsible for any and all costs of transportation and replacement of any rejected Products.
1.4 If the total Contract amount exceeds $25,000, then Contractor shall provide a payment bond in an amount equal to 100% of the Contract price. If required by the City prior to commencing work, Contractor shall provide a performance bond in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. The performance bond, if required, shall remain in force until written acceptance of the Work and the end of the one (1) year warranty period.
2. Time of Performance. Time is of the essence in the performance of the Services and Contractor shall complete the Project installation, implementation and acceptance testing within the times set forth in Exhibit A. The failure by Contractor to meet this schedule may result in termination of this Agreement by City.
3. Term. Unless earlier terminated in accordance with Section 18 of this Agreement, this Agreement shall continue in full force and effect until satisfactory completion of the Services.
4. Compensation.
4.1 City shall pay Contractor for the Services on a fixed fee, not -to -exceed basis, in accordance with the provisions of this Section and Exhibit A. Contractor's total and complete compensation for all Services satisfactorily performed and Products properly provided, shall not exceed Seventy -Three Thousand, Seven Hundred Thirty - Six Dollars and Forty -Six Cents ($73,736.46), unless otherwise agreed upon in writing.
4.2 Contractor shall submit invoices to City describing the Services performed and/or the specific task in the Scope of Services to which it relates, and the date the Services were performed. City shall pay Contractor no later than thirty (30) calendar days after City approval of the invoice.
4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit A to this Agreement or specifically approved in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary when this Agreement was executed.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit A, or otherwise as agreed upon in writing.
4.5 Unless otherwise agreed upon in writing, Contractor shall provide City with a minimum fourteen (14) days' notice of its date(s) of installation to enable the City to ready the installation site(s) for installation the Products in accordance with the instructions of Contractor, if any. The City shall complete any required site preparation prior to the date installation of the Products begins.
5. Project Mana-ger. Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Agreement. Contractor has designated Myles Harvey to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld.
6. Administration. This Agreement will be administered by the City Manager or designee, who shall be the Project Administrator and shall have the authority to act for City under this Agreement.
7. Type and Installation of Materials/Standard of Care.
7.1 Contractor shall use only the only materials and Products described in Exhibit A in performing the Services. Any deviation from the materials or Products described in Exhibit A shall not be permitted unless approved in advance in writing by the Project Administrator.
7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with industry -wide professional standards. All Services shall be performed by qualified and experienced personnel.
7.3 At all times during the term of this Agreement, Contractor shall possess a valid and current Class B, C-61/D34, and C-61/D12 California Contractor's License to perform the work. Contractor hereby certifies that it holds the required license(s), License No. 855664.
8. Indemnification.
8.1 To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' passive negligence, except for Liabilities arising from the active or sole negligence or willful misconduct of the Indemnitees, as determined by judicial decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
Upon completion of the installation, this indemnification is not intended to cover, and the Contractor is not responsible for, any damages resulting from any lack of maintenance; inadequate supervision; negligence; intentional acts of anyone other than the Contractor or their affiliates; inadequate surfacing; or vandalism. Regarding product liability, this indemnification and any insurance provided by Contractor is intended to indemnify for claims arising solely from the negligent design or manufacture of the Playground Equipment. This clarification of the indemnification section of this contract supersedes any other section of this contract, regarding indemnification, which might be interpreted in any other way.
8.2 For liabilities arising out of "design professional services", and in accordance with Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor, exceed Contractor's proportionate percentage of fault.
8.3 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property.
Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project work.
8.4 The rights and obligations set forth in this Section shall survive the termination of this Agreement.
9. Independent Contractor. City has retained Contractor as an independent contractor and neither Contractor nor its employees, nor any of its subcontractors, are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service statutes or other right of employment shall accrue to Contractor or its employees.
10. Cooperation. Contractor agrees to work closely and cooperate fully with City's Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project.
11. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference.
12. Prevailing Wages.
12.1 This Agreement calls for work to be performed constituting public works.
Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the California Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)] If the Agreement price exceeds $25,000, Contractor shall be registered with DIR. Unless exempt, Contractor's DIR Registration number is 1000015526.
12.2 Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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, not more than $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 this Agreement. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
12.3 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the requirements of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. Eight hours' labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813.
13. Subcontracting. The subcontractors authorized by City, if any, to perform work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.
14. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract wherein Contractor is or may likely become "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract.
15. Natices. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed as follows:
To the City:
To the Contractor:
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: Stacy Fox
Playcore Wisconsin, Inc. dba Gametime
PO Box 680121
Fort Payne, AL 35968
Attn: Myles Harvey
16. TERMINATION
16.1 Termination with Cause. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. In the event that the default cannot be cured within five (5) days, no such failure will be deemed to exist if the defaulting party has given the non -defaulting party adequate assurance of due performance and commenced to cure such default within such period, such cure efforts are prosecuted to completion with reasonable diligence, and in any event are completed with thirty (30) days.
16.2 Termination Without Cause. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred in the performance of such Services up to the effective date of termination for which Contractor has not previously been paid. In the event of termination under this Section, City shall also pay Contractor for all Products, associated materials, and hardware manufactured or delivered to City site under this Agreement.
17. Contractor's Knowledge of Conditions. By executing this Agreement, Contractor warrants that Contractor has visited or has been provided the opportunity to visit the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Services.
18. Warranty. For all Products provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the Products and the right to transfer ownership of the Products to the City; the product shall be delivered to the City free from any security interest or other lien; the Products meet all specifications contained herein and are fit for their intended purpose(s); and, the Products and the Services shall be free from material defects in materials and workmanship under normal use for a period of not less than one (1) year from the date of delivery and completion of the work. The foregoing warranty is in addition to any and all manufacturers' warranties.
All other warranties applicable to the equipment and materials purchased by City pursuant to this Agreement shall be as specified in Exhibit A.
19. Representations. Each party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Agreement; (b) that there are no actions, proceedings or investigations, pending or, to the best of each party's knowledge, threatened against such party which may in any manner whatsoever materially affect the enforceability of this Agreement or the rights, duties and obligations of the parties hereunder; and (c) that the execution, delivery and performance of this
Agreement will not constitute a breach or default under any agreement, law or court order under which such party is a party or may be bound or affected by or which may affect the rights, duties and obligations hereunder.
20. Assignment. Contractor may not assign or transfer this Agreement without the City's prior, written consent.
21. Force Majeure. Neither party shall be responsible for delays in performance caused by unforeseeable events beyond the control and without the fault or negligence of the parties, including but not limited to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, and/or freight embargoes. Contractor's lack of funding for any reason shall not be a force majeure. If Contractor claims force majeure, City shall ascertain the facts and extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City such delay is justified. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
22. Miscellaneous Provisions.
22.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.
22.2 Compliance with all Laws. Contractor shall at its sole cost and expense comply with all applicable statutes, ordinances, codes, and regulations throughout the term of this Agreement.
22.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
22.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
22.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments or exhibits hereto, the terms of this Agreement shall govern.
22.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
22.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
22.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
22.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Riverside, State of California.
22.10 E uuai Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law.
22.11 Attorneys' Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled.
22.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written above.
APPROVED AS TO FORM: CITY OF TEMECULA,
a municipal corporation
CITY ATTORNEY'S OFFICE
Date
Date:
By:
Name: Peter M. Thorson
Title: City Attorney
ATTEST:
Date
By - ---
Name: Randi Johl
Title: City Clerk
By:
Name:Zak Schwank
Title: Mayor_
CONTRACTOR:
Playcore Wisconsin, Inc. dba Gametime,
a Corporation
By:
Name: Clin hiteside
Title: Director of Sales Administration
Date: March 29, 2023
Attachments: Exhibit A - Scope of Services and Fee Schedule Exhibit B - Insurance Requirements
Bond Forms
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A PEA: CORE �Wf
EXHIBIT A
SCOPE OF SERVICES AND
FEE SCHEDULE
GameTme VO Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Offoe:435-245-5055 Fax:435-245-5057
www.gnark.com
Calle Aragon Park Playground Option 2
12/14/2022
Quote #
107880-WI
City of Temecula Ship to Zip 92867
Attn: Stacy Fox
41000 Main Street
Temecula, CA 92590
Phone: 951-3085306
[email protected]
A
le
1 nit Price Amount
i
RDU
GameTime - Custom 25 Playground-
$32.513-00 532,513.00
• Reference Drawing 107880.04-Opt 2
1 5178
GameTime -Welcome Sign (2-5)
$713.00 $713.00
2 6232
GameTane - Pod (1'-0')
$463.00 $966.00
1 FLOWERS Freenotes Harmony - Freenotes Flowers Inground Ensemble Collection- $5,699.00 $5,699.00
Includes: Indigo, Orange, Turquoise, and Yellow Flowers I
INSTALL
Turboscape - 30 CY of Engineered Wood Fiber- Blown In - $2,380.00 $2.380.00
Prevailing Wages
1 INSTALL
Install - Site Work-
$13,620.00 $13,620.00
• Demolremove existing equipment, PIP and concrete sub -base for 615 sglt at 12' depth. • Price based on concrete sub -base in play area as independent from surrounding concrete; change order
required if play area sub -base is tied to surrounding concrete • Remove and dispose spoils_
• Prevaiing wages_
• Price includes one (1) move -on only
f
INSTALL
Install -Playground Equipment-
$16,310.00 $16.310.00
• Installation only of (1) Gametime Structure #107880-01.0pt2 CA • Installation only of 615 SqR of filter fabric
• Footings excavation, and concrete_
• Equipment assembly_
• Removal of spoils_
• Prevaiing wages_
• Price includes one (1) move -on only.
Contract. OMNIA #2017001134
Sub Total 572�201.00
Discount ($4,959.00)
Freight $3.437-91
Tax 83,056.55 ;
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EXHIBIT B
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:
A. Waiver of Subrogation. Excepting professional liability insurance, all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss.
Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
B. Additional Insured Status. Commercial general and auto liability policies shall provide or be endorsed to provide that City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency and their officers, officials, employees, agents and volunteers shall be named as additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
C. Primary and Non Contributory. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
D. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, in response to a verified claim.
B. City's Right to Revise Requirements. City reserves the right, but only with reasonable cause, at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor's compensation. Contractor has the right to reject such request if the increase or change is deemed unnecessary or frivolous.
C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees.
D. Enforcement of Agreement _Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by acceptable security. Self- insurance will not be considered to comply with these requirements unless approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
Bond No.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Temecula ("City"), has awarded to
("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, provisions, and warranties in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
By:
Its
By:
Its
(Seal)
"Surety"
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
Bond No.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Temecula ("City"), State of California, has awarded to ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of _ Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code
Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
By:
Its
By:
Its
(Seal)
"Surety"
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
CORPORATE RESOLUTION
Clint T. Whiteside GameTime Director of Sales Administration, whose signature appears below is hereby authorized on behalf of this Corporation to enter into agreements related to the sale of the company's products, to agree to such terms and conditions as such officer deems advisable and to execute agreements as deemed proper and advisable by such officer in connection the endeavors of the Corporation.
Such officer is also authorized to affix the seal of the corporation to any documents which the officer deems proper and advisable.
that all acts of such officer previously undertaken in behalf of the Corporation are hereby ratified and affirmed.
Said officer is authorized to act upon this Resolution until written notice of its revocation.
GameTime
A Division of P1ayCore Wisconsin, Inc.
C..../-:T&.—
Clint T. Whiteside, Director of Sales Administration,
»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»
I, Roger R. Posacki CEO, President and Director Chairman of Pla Core Wisconsin Inc., a Wisconsin corporation, do hereby certify that the Resolution above is a true copy of a resolution and that the signature appearing above is the genuine signature of the person authorized as Sales Administration Project Manager for GameTime — A Division of P1ayCore Wisconsin, Inc. to act on behalf of said Corporation.
PlayCore Wisconsin, Inc.
544 Chestnut Street
Chattanooga, Tennessee 37402
s�v
Roger . Po aciti, President and CEO
STATE OF TENNESSEE
COUNTY OF HAMILTON
SWORN TO and subscribed before me this 12th day of January, 2023. t�
Stacey Grupenhajen, Notary E't lic� °
My commission expires: January 5, 2024 N Y�iaRY
43'r � r'O C� otiArd
•"�'Ssion
PURCHASE AND INSTALLATION AGREEMENT
FOR PLAYGROUND EQUIPMENT ENHANCEMENT
AND SAFETY SURFACING (LONG CANYON PARK)
THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and entered into as of April 25, 2023 ("Effective Date") by and between the City of Temecula, a California municipal corporation ("City"), and LANDSCAPE STRUCTURES, INC., a CORPORATION ("Contractor").
RECITALS
A. City desires to engage Contractor to provide and install the following
PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING
INSTALLATION SERVICES, as more fully described herein ("Project").
B. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, is familiar with all conditions relevant to the performance of services and is committed to perform all work as required by this Agreement.
C. Contractor represents that Contractor is fully qualified, possesses all required licenses and certifications, and has the experience necessary, to perform the work necessary to complete the Project. City selected Contractor for this Project in substantial reliance on such representations by the Contractor.
D. Contractor Is a registered dealer of PLAYGROUND AND SAFETY SURFACING and has full access to the equipment and special pricing under the Sourcewell Contract Agreement 010521-LSI ("Cooperative Contract") and all applicable provisions are incorporated herein.
E. The City is a member of Sourcewell (Member no. 24002) and is authorized to use the Cooperative Contract.
F. City and Contractor enter this Agreement in order to set forth terms and conditions governing each party's performance of thls Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the Parties agree as follows:
1. Scope of Work.
1.1 In consideration of the payment of the purchase price and subject to all the terms and conditions hereof, including applicable provisions of the Cooperative Agreement, Contractor shall provide all tangible items and products, and perform all services, described in the Scope of Services and Fee Schedule attached hereto as Exhibit "A" and incorporated herein by reference ("Products" and "Services", respectively). 2710330 -1-
Contractor covenants that: (i) it will perform all Services in a manner commensurate with all applicable, professional standards and degree of skill and care; and (ii) all Products will be new and of the highest quality available.
1.2 Contractor shall perform all work set forth in Exhibit A, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary to complete the Project as required herein.
1.3 The Products shall be delivered to the location designated in writing by the City. Title to and the risk of loss, damage, and destruction of the Products shall remain with the Contractor until inspection and acceptance of the Products by City. Such inspection may include reasonable tests and use of the Products by City. City may, at its option, (i) reject any or all of the Products found to be defective or otherwise not in compliance with the requirements of this Agreement; or, (ii) accept substitute Product(s) satisfactory to the City. Contractor shall be responsible for any and all costs of transportation and replacement of any rejected Products.
1.4 If the total Contract amount exceeds $25,000, then Contractor shall provide a payment bond in an amount equal to 100% of the Contract price. If required by the City prior to commencing work, Contractor shall provide a performance bond in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. The performance bond, if required, shall remain in force until written acceptance of the Work and the end of the one (1) year warranty period.
2. Time of Performance. Time is of the essence in the performance of the Services and Contractor shall complete the Project installation, implementation and acceptance testing within the times set forth in Exhibit A. The failure by Contractor to meet this schedule may result in termination of this Agreement by City.
3. Term. Unless earlier terminated in accordance with Section 18 of this Agreement, this Agreement shall continue in full force and effect until satisfactory completion of the Services.
4. Compensation.
4.1 City shall pay Contractor for the Services on a fixed fee, not -to -exceed basis, in accordance with the provisions of this Section and Exhibit A. Contractor's total and complete compensation for all Services satisfactorily performed and Products properly provided, shall not exceed Four Hundred Thirty -Eight Thousand, Forty - Seven Dollars and Sixty -Eight Cents ($438,047.68), unless otherwise agreed upon in writing.
4.2 Contractor shall submit invoices to City describing the Services performed and/or the specific task in the Scope of Services to which it relates, and the date the Services were performed. City shall pay Contractor no later than thirty (30) calendar days after City approval of the invoice.
4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit A to this Agreement or specifically approved in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary when this Agreement was executed.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit A, or otherwise as agreed upon in writing.
4.5 Unless otherwise agreed upon in writing, Contractor shall provide City with a minimum fourteen (14) days' notice of its date(s) of installation to enable the City to ready the installation site(s) for installation the Products in accordance with the instructions of Contractor, if any. The City shall complete any required site preparation prior to the date installation of the Products begins.
5. Project Manager. Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Agreement. Contractor has designated Elaine Harkess to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld.
6. Administration. This Agreement will be administered by the City Manager or designee, who shall be the Project Administrator and shall have the authority to act for City under this Agreement.
7. Type and Installation of Materials/Standard of Care.
7.1 Contractor shall use only the only materials and Products described in Exhibit A in performing the Services. Any deviation from the materials or Products described in Exhibit A shall not be permitted unless approved in advance in writing by the Project Administrator.
7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with industry -wide professional standards. All Services shall be performed by qualified and experienced personnel.
7.3 At all times during the term of this Agreement, Contractor shall possess a valid and current Class A, B, C-61012, C-61034 California Contractor's License to perform the work. Contractor hereby certifies that it holds the required license(s), License No. 840892.
8. Indemnification.
8.1 To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' passive negligence, except for Liabilities arising from the active or sole negligence or willful misconduct of the Indemnitees, as determined by judicial decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
Upon completion of the installation, this indemnification is not intended to cover, and the Contractor is not responsible for, any damages resulting from any lack of maintenance; inadequate supervision; negligence; intentional acts of anyone other than the Contractor or their affiliates; inadequate surfacing; or vandalism. Regarding product liability, this indemnification and any insurance provided by Contractor is intended to indemnify for claims arising solely from the negligent design or manufacture of the Playground Equipment. This clarification of the indemnification section of this contract supersedes any other section of this contract, regarding indemnification, which might be interpreted in any other way.
8.2 For liabilities arising out of "design professional services", and in accordance with Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor, exceed Contractor's proportionate percentage of fault.
8.3 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property.
Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project work.
8.4 The rights and obligations set forth in this Section shall survive the termination of this Agreement.
9. Independent Contractor. City has retained Contractor as an independent contractor and neither Contractor nor its employees, nor any of its subcontractors, are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service statutes or other right of employment shall accrue to Contractor or its employees.
10. Cooperation. Contractor agrees to work closely and cooperate fully with City's Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project.
11. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference.
12. Prevailing Wages.
12.1 This Agreement calls for work to be performed constituting public works.
Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the California Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)] If the Agreement price exceeds $25,000, Contractor shall be registered with DIR. Unless exempt, Contractor's DIR Registration number is 1000007542.
12.2 Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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, not more than $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 this Agreement. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
12.3 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the requirements of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. Eight hours' labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813.
13. Subcontracting. The subcontractors authorized by City, if any, to perform work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.
14. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract wherein Contractor is or may likely become "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract.
15. Notices. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed as follows:
To the City:
City of Temecula
41000 Main St.
Temecula, CA 92590
Attention: Stacy Fox
To the Contractor:
Landscape Structures, Inc.
601 71h Street South
Delano, MN 55328
Attn: Elaine Harkess
16. Termination
16.1 Termination with Cause. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. In the event that the default cannot be cured within five (5) days, no such failure will be deemed to exist if the defaulting party has given the non -defaulting party adequate assurance of due performance and commenced to cure such default within such period, such cure efforts are prosecuted to completion with reasonable diligence, and in any event are completed with thirty (30) days.
16.2 Termination Without Cause. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred in the performance of such Services up to the effective date of termination for which Contractor has not previously been paid. In the event of termination under this Section, City shall also pay Contractor for all Products, associated materials, and hardware delivered to City site under this Agreement that City deems usable.
17. Contractor's Knowledge of Conditions. By executing this Agreement, Contractor warrants that Contractor has visited or has been provided the opportunity to visit the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Services.
18. Warranty. For all Products provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the Products and the right to transfer ownership of the Products to the City; the product shall be delivered to the City free from any security interest or other lien; the Products meet all specifications contained herein and are fit for their intended purpose(s); and, the Products and the Services shall be free from material defects in materials and workmanship under normal use for a period of not less than one (1) year from the date of delivery and completion of the work. The foregoing warranty is in addition to any and all manufacturers' warranties.
All other warranties applicable to the equipment and materials purchased by City pursuant to this Agreement shall be as specified in Exhibit A.
19. Representations. Each party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Agreement; (b) that there are no actions, proceedings or investigations, pending or, to the best of each party's knowledge, threatened against such party which may in any manner whatsoever materially affect the enforceability of this Agreement or the rights, duties and obligations of the parties hereunder; and (c) that the execution, delivery and performance of this
Agreement will not constitute a breach or default under any agreement, law or court order under which such party is a party or may be bound or affected by or which may affect the rights, duties and obligations hereunder.
20. Assignment. Contractor may not assign or transfer this Agreement without the City's prior, written consent.
21. Force Majeure. Neither party shall be responsible for delays in performance caused by unforeseeable events beyond the control and without the fault or negligence of the parties, including but not limited to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, and/or freight embargoes. Contractor's lack of funding for any reason shall not be a force majeure. If Contractor claims force majeure, City shall ascertain the facts and extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City such delay is justified. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
22. Miscellaneous Provisions.
22.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.
22.2 Compliance with all Laws. Contractor shall at its sole cost and expense comply with all applicable statutes, ordinances, codes, and regulations throughout the term of this Agreement.
22.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
22.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
22.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments or exhibits hereto, the terms of this Agreement shall govern.
22.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
22.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
22.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
22.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Riverside, State of California.
22.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law.
22.11 Attorneys' Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled.
22.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Name: Peter M. Thorson
Title: City Attorney �.
ATTEST:
Date:
By:
Name: RandiJohl
Title: City Clerk
CITY OF TEMECULA,
a municipal corporation
Date:
By:
Name:Zak Schwank
Title: Mayor
CONTRACTOR:
Landscape Structures, Inc., a Corporation
By.
Name: at Fa st
Title: President
Date: 3 z3®l z 3
By:
Name: Fred Caslavka
Title: CFO
Date:
Attachments: Exhibit A - Scope of Services and Fee Schedule Exhibit B - Insurance Requirements
Bond Forms
IF
v- q/�olz3
1�_
landscape
structures
EXHIBIT A
SCOPE OF SERVICES AND
FEE SCHEDULE
PROPOSAL
ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:
LANDSCAPE STRUCTURES, INC
601 7TH STREET SOUTH
DELANO, MN 55328 U.S"A"
763-972-3391 800-328-0035
C--- 709 e7n 440C
I.IID IV IIICI IIIIUI IIIU
CONTACT:
UU[I
Stacy Fox
PHONE
FAX:
emuL
SHIP TO=
City of Temecula
Maintenance
Kitlinfo ?
BILL TO:
City of Temecula
Sourcewell Contract No. 010521-LSI
Destination
F"O"B"
FREIGHT C Prepaid ❑ Collect
Net 30 days upon credit approv deposit nlac be required TERMS (Subject To Credit Approval By LSI)
Anorox 24 weeks
SHIPPING TIME
Pricing Good for 60 days from Date of Proposal
We are pleased to submit this proposal to supply the following items:
QTY
ITEM NO- DESCRIPTION UNIT w
UNIT PRICE
WEIGHT
EXTENDED AMT
LONG CANYON PARK
1 1168295.01.01
LSI PlayBooster materials
180.642.00
$
180,642.00
1 Labor
Security fencing
3,763.00
$
3,763.00
1 Labor
Demo/disposal existing play,PIP,conc
33,09900
$
33,09900
1 Labor
Demo/disposal existing sand
43,47800
$
43,478.00
1 Labor
Install LSI Playground Equipment
86,00100
$
86,00100
1 Labor
Providelnst ADA ramps and conc for PIP
23,89900
$
23,899.00
1 Labor
Providefinst PIP 282 SF, 3-5" thick
17,89600
S
17,896.00
100% color, aliphatic binder
1 Labor
Providelinst 300 yds of EWF
20,60000
$
20,60000
NOTE
Site has standing water, drainage work
is recom. Additional $2500 per drain
Pricing based on Design 1168295-01-02
Standard
Terms and Conditions for Installation
Apply
SIGN-ITURE BELOFF-ACCEPTLNG THIS PROPOSAL 117LL COIMSFITCTTEA PURCIWE Toral wei0hT -
ORDER OINZl'UPO.VAPPROiALBYL4NDSC,1PESIRLTCTCRE.S,INCCUSTOMER
SUBTOTAL MATERIALS
$
180642-00
RECEIPTOF,iNORDERACE1'ODZEDGEMENTCONSMIU,FESSUCHAPPROV4L
MATERIALS DISCOUNT
$
14 451.00
LABORIINSTALL
$
228 736.00
ACCEPTED BY CUSTOMER DATE
FREIGHT non taxed
$
15 820-00
PRINT NAME
1.16.23 SALES TAX
$
14,54168
PROPOSED BY LSI REPRESENTATIVE DATE 3% PERFORMANCE BOND Labor only - Non Taxed
$12 759.00
$
438.047.68
Steve Hunt, Coast Recreation Sales Representative TOTAL
PRINT NAME
Jb6-, Long Canyon Park p
landscope FFfFFwrnW iN[
structures 1160291-01-02-02 - 01 132023
EXHIBIT B
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:
A. Waiver of Subrogation. Excepting professional liability insurance, all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss.
Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
B. Additional Insured Status. Commercial general and auto liability policies shall provide or be endorsed to provide that City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency and their officers, officials, employees, agents, and volunteers shall be named as additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
C. Primary and Non Contributory. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
D. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees.
D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by acceptable security. Self- insurance will not be considered to comply with these requirements unless approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
Bond No.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Temecula ("City"), has awarded to
("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, provisions, and warranties in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
By:
Its
By:
Its
(Seal)
"Surety"
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
Bond No.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Temecula ("City"), State of California, has awarded to ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of _ Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code
Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal"
By:
Its
By:
Its
(Seal)
"Surety"
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
Item No. 11
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: April 25, 2023
SUBJECT: Approve Second Amendment to Agreement with CASC Engineering and Consulting, for NPDES Commercial and Industrial Inspections PREPARED BY: Julie Tarrant, Principal Management Analyst Tammy Petricka, Administrative Assistant
RECOMMENDATION: That the City Council approve the second amendment to the agreement with CASC Engineering and Consulting, for NPDES Commercial and Industrial Inspections, to extend the term of the agreement to June 30, 2024, and increase the payment in the amount of $60,000, for a total agreement amount of $119,970.
BACKGROUND: On June 3, 2021, the Director of Public Works approved an Agreement with CASC Engineering and Consulting, Inc., in the amount of $59,970. On July 1, 2022, the Director of Public Works approved the First Amendment to the Agreement to extend the term of the Agreement to June 30, 2023.
The City of Temecula has over 3000 commercial and industrial facilities; 5% are categorized as high priority, requiring inspections once per year, and 95% are categorized as low priority, each requiring an inspection once per permit term, and which are subdivided in various zones throughout the city. CASC has provided the commercial and industrial inspections, and database management services for the past two years, and the Second Amendment will provide for the continuation of these services, and assist the city with meeting compliance requirements in accordance with the MS4 Permit. We therefore recommend the approval of the Second Amendment with CASC Engineering and Consulting.
FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget for Fiscal Years 2022-24 within the NPDES Division of the Public Works Department.
ATTACHMENTS: Amendment
SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND CASC ENGINEERING & CONSULTING, INC.
NPDES COMMERCIAL AND INDUSTRIAL INSPECTIONS
(Agreement 2021-106)
THIS SECOND AMENDMENT is made and entered into as of April 25, 2023 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and CASC Engineering & 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:
This Amendment is made with the respect to the following facts and purposes:
a. On June 3, 2021, the City and Consultant entered into that certain Agreement entitled "Agreement for NPDES Commercial and Industrial Inspections, in the amount of $59,970.
b. On July 1, 2022, the City and Consultant extended the term of the Agreement to June 30, 2023.
C. The parties now desire to increase the Payment in the amount of Sixty Thousand Dollars and Zero Cents ($60,000), extend the term of the Agreement to June 30, 2024, 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, 2024, unless sooner terminated pursuant to the provisions of this Agreement.
3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:
The City agrees to pay Consultant monthly, in accordance with the payment rates and 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 Hundred Nineteen Thousand Nine -Hundred Dollars and Zero Cents
($119,970) for the total term of this agreement, unless additional payment is approved as provided in this agreement.
4. Exhibit B of 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 CASC Engineering & 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: By: 4D /,/ -/
Zak Schwank, Mayor Richard Sido , P.E., . President/CFO ATTEST:
By:
Randi Johl, City Clerk
By: '7�h�( 2 //
Michelle E. Furlong, Secw4ary/Treasurer
By:
Peter M. Thorson, City Attorney CONSULTANT
CASC Engineerq 8i Consulting, Inc.
Attn: Jeff Endicott, Engineering Manager
1470 E. Cooley Drive
Colton, CA 92324-3933
(855) 383-0101 x. 5380 (toll free)
(909) 835-7537 (cell)
[email protected]
City Purchasing Mgr.
Initials a
Date: /11 L
08/09/2021
ATTACHMENT A
Payment Rates and Schedule
The pay rate schedule provided as a part of Exhibit B for Agreement 2021-106 is to be amended to reflect the additional inspection services, below. Attached hereto and incorporated herein as though set forth in full but not to exceed a total cost of services of $119,970 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of the Agreement.
08/09/2021
8nuinoerii7u nnrf f'onr Irinx
March 9, 2023
1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Foac 909.783.0108
Julie Tarrant
Principal Management Analyst, City of Temecula
11000 Main Street
Temecula, CA 92 59 0
Subject: Proposal for Amendment 2 to Contract 2021-106 NPDES Commercial and Industrial Inspections -
Dear Ms. Tarrant,
Casc Engineering and Consulting {Casc) is submitting this proposal to address the M54 Permit requirements for the 2022-2024 fiscal Years. The city has over 3000 facilities. $%are categorized as high priority, rewiring inspections once a year. 95%are categorized as low priority, requiring an inspection once per Permit term_ The low priority facilities were subdivided into 5 inspection zones: zones 1 and 2 were inspected during FY 2018-2019 on contract #19-117 and FY 2019-2020 on contract #19-192, zone 3 was inspected FY 21-22 on contract #2021-106.
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Amendment I extended the Term of the agreement to include FY 2022-23 and updated the Rate Schedule.
This Amendment 2 will extend the Term of the agreement to include FY 2023-2024 and add funds to perform work for the 2022-24 Fiscal Years-
4 08/09/2021
City of Temecula
March 9, 2023