Agenda — Temecula City Council, May 14, 2024 (part 4 of 5)

Total
CITY RATE i TOTAL
13,480.00 i C7840.00
P.O. Box 70269
Riverside, CA 9251 M269
m
X-TIfZ:Tf' IM

TrueLineNip
CON5TRUCrION & SURFACING'

AUL GAME COURT SURFACING
i 1HINDS0131600000
Date: 411 /2024
For. Project Name] Location
Sport Court Resurfacing
Multiple Parks cprs
Janet Bangs, Vice President
[email protected]
Contractors's License No. 662625 (A & C32)
DIR Na.1000006579
Truelina is a member of ASBA, CPRS,

CASBO A USIA

PROPOSAL/
CONTRACT NO.
9493
Trueline is an approved applicator of Plexipave,
Spartmaster, Guardian Crack Repair System and
Armor Crack Repair System
CONTRACTOR AND OWNER AGREE AS FOLLOWS: CITY
Resurface Tennis Ceurt(s) Power Wash Tennis Court (owner to provide waterto contractor at no charge)
Patch cracks and spells.

We cannot guarantee againstthe occurrence of any new spalls or pop outs.

Grind displaced areas on cracks so both sides are fairly level. 'Nate' Cracks in Concrete and Asphalt will Return. A crack can be repaired, but it might come back. Structural cracks or hairline cracks will always come back and most of the time Immediately. These can be repaired temporarily, but will ultimately come back.

Cracks are formed due to the movement of the slab, expanding and contracting if there is a weak paint in the slab itself. Even when the correct method of repair is done, the crack could re -appear the next day or never, as every court reacts differently in the movement of the slab itself.

Apply 8portmaster black resurfacar coat, 100'A latex acrylic, mixed with #/60 silica to smooth out surface and provide a superior base for color coating Apply two coats of Sportmaster color System, (two tone included) 100% fat ex acrylic, mixed with nO silica sand far a mediurn speed of play
Stnpe Play Lines, Sharp and Accurale to AS BA specs
Lines to be while Latex Acrylic line paint, unless otherwise specified.

Squeegae marks, lines a swirls are always visible In the application process, but will fade over time.

Please be aware that your quote includes a total of two (2) color choice(s), not including the Bright Red or-foumament Purple. These are Premium Colors and would require an additional fee.

RONALD REAGAN SPORTS PARK
The provisions set forth upon the second and third pages hereof and any other attached pages hereto are hereby incorporated in and made a part of Total this CONTRACT. I have been notified that I have the right to cancel within 3 days of signing this contract. IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT the day and year set forth below.

Date Signature

RATE TOTAL
13,$40.00110720A0
P.O, Box 70269
Riverside, CA 92513-0289
17 08/06/2021

TrueLine
CONSTRUCTION & stmACB+TG ,-
AU GAME COURT ftIRIVSpNG
Date: 411/2024
For: Project Name! Location
Sport Court Resurfacing
-
Multiple Parks cprs
Janat Bangs, Vice President
b(&iin e40@o uttook. corn
CONTRACTOR AND OWNER AGREE AS FOLLOWS:

ContractoWs License No, 662525 (A & C32)
DIR No.1000006579
Trueline is a member of ASBA, CPRS,

CASBO & USTA

PROPOSAL/
CONTRACT NO.

Trueline is an approved applicator of Plexipave,
5portmaster, Guardian Crack Repair System and
Armor Crack Repair System
Resurface Roller Hockey Rink. Power Wash Rink towner to provide water to contractor at no charge)
Patch cracks and spells.

We cannot guarantee against the occurrence of any new spalls or pop cuts.

Grind displaced areas on cracks so both sides are fairly level. `Note" Cracks in Concrete and Asphalt will Return. A crack can be repaired, but it might come back. Structural cracks or hairline cracks will always come back and most of the time immediately. These can be repaired temporarily, but will ultimately come back.

Cracks are formed due to the movement of the slab, exparnding and contracting if there is a weak point in the slab itself, Even when the correc! method of repair is done, the crack could re -appear the next day or never, as every court reacts differently in the movement of the slab itself,
Apply Sportmaster black resurfacer coat,100% latex acrylic, smooth out surface and provide a superior base for color coating
Apply two coats of Sportrnaster color System, (two tone included) 100% latex acrylic Stripe Play Lines, Sharp and Accurate
Lines to be white Latex Acrylic line paint, unless otherwise specified.

Squeegee marks, lines or swirls are always visible in the application process, but will fade over time. Please be aware that
your quote includes a total of two (2) color choice(s), not including the Bright Red or Toumament Purple. These eire Premium Colors and would require an additional fee.

MIKE NAGGAR MARGARITA PARK
The provisions set forth upon the second and third pages hereof and any other attached pages hereto are hereby incorporated in and made a part of Total this CONTRACT. I have been notified that I have the right to cancel within 3 days of signing this contract. IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT the day and year set forth below.

Date Signature

QTY RATE TOTAL
18,430.00;18,430.00
PA. Box 70269
Riverside, CA 92513.0269
18 08/06/2021

TrueLineON
CONSTRUCTION 8r SURFACING
ALL 6AMi CIMT SMACir4p
A WNDKMN6
Date: 411 /2024
For: Project Name / Location
Sport Court resurfacing Cof
Multiple Parks
Janet Bangs, Vices Presklent
trunfirrc4(Yc40u iX*.com

CONTRACTOR AND OWNER AGREE AS FOLLOWS
Cordractors's License No. 662625 (A & C32)
DIR No.1000006579
Trueline is a member of ASBA, CPRS,

CASBO & USTA

PROPOSAL/
CONTRACT NO.
9493
Trueline is an approved applicator of Plexipave,
Sportmaster, Guardian Crack Repair System and
Armor Crack Repair System
Resurface Roller Hockey Rink. Power Wash Rink (owner to provide water to contractor at no charge)
Patch cracks and spells,
We cannot guarantee against the occurrence of any new spells or pop outs.

Grind displaced areas on cracks so both sides are fairly level. 'Note' Cracks in Concrete and Asphalt will Return. A crack can be repaired, but it might come Wekk. Structural cracks or hairline cracks will always come back and most of the time immediately. These can be repaired temporarily, but will ultimately come back, Cracks are formed due to the movement or the stab, expanding and contracting if there is a weak point in the slab itself. Even when the correct method of repair is done, the crack could re -appear the next day or never, as every court reacts differently in the movement of the slab itself.

Apply Sportmaster black resurfacer coat, 100% latex acrylic, smooth out surface and provide a superior base for color coating
Apply two coats of Sportmaster color System, (two tone included) 100% latex acrylic Stripe Play Lines, Sharp and Accurate
Lines to be white Latex Acrylic line paint, unless otherwise specified.

Squeegee marks, lines or swirls are always visible in the application process, h ut will fade over time. Please be aware that
your quote includes a total of two (2) color choice(s), not including the Bright Red or Tournament Purple. These are Premium Colors and would require an additional fee.

The provisions set forth upon the second and third pages hereof and any other attached pages hereto are hereby incorporated in and made a part of Total this CONTRACT. I have been notified that I have the right to cancel within 3 — days of signing this contract. IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT the day and year set forth below.

Date Signature

QTY RATE I TOTAL
1 18,430.0018,430,00 f
P.O. Box 70269
Riverside, CA 92513-0269
19 08/06/2021

TrueUne
CONSTRUCHON & BURFA£.f NG
A LL DAM E C DO RT SUVAC IN4
A 111MDSCREM
Date: 4/112024
For: Project Name / Location
Sport Court Resurfacing
-
Multiple Parks c p r$
Janet Bangs, Wise President
1rrtei0a44ou1;ook.com
CONTRACTOR AND OWNER AGREE AS FOLLOWS:

Resurface Tennis Court(s) Power Wash Tennis Court (owner to provide water to contractor at no charge)
Patch cracks and spells.

We cannot guarantee against the occurrence of any new spalls or pop outs.

Grind displaced areas on cracks so both sides are fairly level.

Contractors's License No. 662625 (A & G32)
DIR No.1000006579
Trueline is a member of ASBA, CPRS,
CAS60 & USTA

PROPOSAL/
CONTRACT NO.
9493
Trueline is an approved applicator of Plexipave,
Sportmaster, Guardian Crack Repair System and
Armor Crack Repair System

QTY RATE TOTAL
2 f 13,840,00 �7,680.00
'Note' Cracks in Concrete and Asphalt will Return. A crack can be repaired, but it might come back. Structural cracks or hairline cracks will always come back and most of the time immediately. These can be repaired temporarily, but will ultimately come back.

Cracks are formed due to the movement of the slab, expanding and contracting if there is a weak point in the slab itself. Even when the correct method of repair is done, the crack could re -appear the next day or never, as every court reacts differently 1n the movement of the slab itself.

Apply Sportmaster black resurfacer coat, 100% latex acrylic, mrxed with #6D silica to smooth out surface and provide a superior base for color coating Apply two coats of Sportmaster color Systern, (two tone; included) 100% latex acrylic, mixed with #90 silica sand for a medium speed of play
Stripe Play Lines, Sharp and Accurate to ASBA specs
Lines to be white Latex Acrylic line paint, unless otherwise specified.

Squeegee marks, lines or swirls are always visible in the application process, but will fade over time.

Please be aware that your quote includes a total of two (2) color choice(s), not including the Bright Red or Tournament Purple. These are Premium Colors and would require an additional fee.

WINCHESTER CREEK PARK
The provisions set forth upon the second and third pages hereof and any other attached pages hereto are hereby incorporated in and made a part of Total this CONTRACT. I have been notified that 1 have the right to cancel within 3 days of signing this contract. iN WITNESS WHEREOF, tite parties hereto have executed this CONTRACT the day and year set forth below.

Date Signature
P.O. Box 70269
Riverside, CA 02513.0269
20 08/06/2021

TrueLine 044,
CONswucrim & sURFAC12+iG
Mi0 MECowuUSUJRMMM
■ wrra
Date: 4/112024
For: Project Name 1 Location
Sport Court Resurfacing
Multiple Parks c N rS
Janet &Rgs, Vke Ptesddent
[email protected]
Contractors's License No. 662625 (A & C32)
DIR No.1000006579
Truellne is a member of ASBA, CPRS,

CASBO & USTA

PROPOSAL/
CONTRACT NO.
9493
Tnteline is an approved applicator of Piexipave,
Sportmaster, Guardian Crack Repair System and
Armor Crack Repair System

CONTRACTOR AND OWNER AGREE AS FOLLOWS I QTY
Resurface Basketball Court (s).Power wash basketball court(s) (owner to provide water 1.5 to contractor at no charge)
Patch cracks and spalis
Grind displaced areas on cracks so both sides are fairly level- We cannot guarantee against the occurrence of any now spalls or pop cuts. 'Note` Cracks in Concrete and Asphalt wlli Return. A crack can be repaired, bul it might come back. Structural cranks or hairline cracks will always come hack and most of the time immediately. These can be repaired temporarily, but wilt ultimately come back. Cracks are formed due to the movement of the stab, expanding and contracting if there is a weak point in the slab itself.

Even when the correct method of repair is done, the crack could re -appear the next clay or never, as every court reacls differently in the movement of the slab itself.

Apply primer to bare areas
Apply Sportmaster black acrylic resurfacer coat, 100% latex acrylic, mixed with #430 silica to smooth out surface and provide a superior base for color Apply two coats of 5portmaster color, (two tone included. AddilionaI fen for a third color) 100% latex acrylic, mixed with 49a silica sand for a medium speed of play Stripe to specifications
Lines to be white latex acrylic line paint unless otherwise specified.

Squeegee marks, lines of swirls are always visible In the applicalion process, but will lade over time. Please be aware that your quote includes a total of two (2) color choica(s), not including the Bright lied or Tournament Purple. These are Premium Colors and would require an additional fee- —Does not included logo unless otherwise noted"

RONALD REAGAN SPORTS PARK PICKLE BALL COURTS
The provisions set forth upon the second and third pages hereof and any other attached pages hereto are hereby incorporated in and made a part of , Total this CONTRACT, l have been notified that I have the right to cancel within 3 I days of signing this contract. IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT the day and year set forth below.

Date S6 nature
RATE I TOTAL��
12,880,0019,320.00
P.O.8ox 70269
Riverside, CA M1U269
21 08/06/2021

TrueLine
CON'T9 MUC7`10N 8t SURP>Gs
ALLCUM Mr CW T WUACING
i 1NN�5CIl�MS I.

Matte: 4/1 /2024
For: Project Name I Location
Sport Court Resurfacing Cn S
Multiple Parks N
Janet Bangs, Nice president
twelina Moutlook.com

CONTRACTOR AND OWNER AGREE AS FOLLOWS
Contractors's License No. 662625 (A & C32)
DIR No.1000006579
Trudine is a member of ASBA, CPRS,

CASSO & USTA

PROPOSAL/
CONTRACT NO.

Nz .

Trueline is an approved applicator of Plexipave,
Sporlmaster, Guardian Crack Repair System and
Armor Crack Repair System
Resurface Existing Pickleball Court(s) Power Wash Tennis Court (owner to provide water to contractor at no charge)
Patch cracks and spells.

We cannot guarantee against the occurrence of any new spalls or pop outs.

Grind displaced areas on cracks so both sides are fairly level. 'Note' Cracks in concrete and Asphalt will Return. A crack can be repaired, but it might come back. Structure[ cracks or hairline cracks will always come back and most of the time immediately. These can be repaired temporarily. but will ultimately come back.

Cracks are formed due to the movement of the slab, expanding and contracting if there is a weak point In the slab itself. Even when the correct method of repair is done, the crack could re -appear the next day or never, as every court reacts differently in the movement of the slab itself.

Apply Sportmaster black resurfooer coat, 100% latex acrylic, mixed with #t60 silica to smooth out surface and provide a superior base for color coating Apply two coats of Sportmaster color System, (two tone included) 10011A latex acrylic, mixed with 990 silica sand for a medium speed of play
Stripe Play Lines, Sharp and Accurate to ASBA specs
Lines to be white Latex Acrylic line paint, unless otherwise specified.

Squeegee marks, lines or swirls are always visible in the application process, but will fade over time. Please be aware that your quote includes a total of two (2) color choice(s), not including the Bright Red or Tournament Purple. These are Premium Colors and would require an additional fee.

The provisions set forth upon the second and third pages hereof and any other attached pages hereto are hereby incorporated in and made a part of this CONTRACT. [ have been notified that I have the right to cancel within 3 days of signing this contract. IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT the day and year set forth below.

Date Signature

Page 10 ends

OTY RATE TOTAL
17 1 5,870.00 99,790,00
Total $500,990.00
P.O-�
�ergi"[Ie, CA
22 08/06/2021

Item No. 8

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 14, 2024
SUBJECT: Approve First Amendment to the Professional Services Agreement with CNS Engineers, Inc., for the Murrieta Creek Bridge at Overland Drive Project, PW16- 05 PREPARED BY: Amer Attar, Engineering Manager
Nino Abad, Senior Civil Engineer
RECOMMENDATION: That the City Council:

1. Approve the first amendment to the professional services agreement with CNS Engineers, Inc; and

2. Increase the City Manager's Authority to approve extra work by $300,000.

BACKGROUND: The Murrieta Creek Bridge at Overland Drive Project, PW16-05 (also referred to as Avenida Alvarado Over Murrieta Creek Federal Project No. BR-NBIL 543 for federal grant administration purposes) is a capital improvement project to construct a bridge structure over Murrieta Creek. The project will extend Overland Drive from Enterprise Circle West on the east side of the creek to Avenida Alvarado at Diaz Road to the west. The roadway and bridge will include two travel lanes in each direction, painted medians, turn pockets, sidewalk on one side of the bridge, three new traffic signals (Overland at Diaz, at Enterprise Circle West, and at Commerce Center Drive) and roadway transitions consistent with the Collector Road standard shown in the Circulation Element of the General Plan. The bridge project is partially funded with federal Highway Bridge Program (HBP) funds and will serve as a replacement of the low water crossing along Via Montezuma through Murrieta Creek between Del Rio Rd and Diaz Rd. This project is among the last projects approved under the HBP program to construct a new bridge as a low water crossing replacement as the program no longer accepts new applications for this type of project.

On March 12, 2019 the City Council approved an agreement for consultant services with CNS Engineer's, Inc in the amount of $1,534,794.03 for the design and environmental studies required for the project. The City Manager was also authorized to approve extra work up to a contingency amount of $153,479.40. The term of the current agreement is set to expire on July 1, 2024.

At this time, it is necessary to both extend the term of the agreement and increase the City Manager's authorized contingency to complete the design, environmental permitting, mitigation bank design, right of way acquisition, and other project oversite tasks as required by the Federal

HBP Grant.

Staff recommends approval of the First Amendment to the Professional Services Agreement which would extend the term to July 1, 2028, and increase the City Manager's authority to approve extra work by $300,000, for a total authorized contingency amount of $453,479.40.

FISCAL IMPACT: Murrieta Creek Bridge at Overland Drive, PW 16-05 is included in the City's 2024-2028 Capital Improvement Program (CIP) Budget and is funded with Developer Impact Fees (DIF), Federal Highway Bridge Program (HBP), and Measure S. There are sufficient funds in the authorized project accounts for the requested $300,000 increase in contingency.

ATTACHMENTS: 1. First Amendment

2. Project Location Map

3. Project Description

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF

TEMECULA AND CNS ENGINEERS, INC FOR THE MURRIETA CREEK BRIDGE AT OVERLAND DRIVE PROJECT PW-16-05 [AVENIDA ALVARADO OVER MURRIETA CREEK, FEDERAL AID PROJECT NO. BR-NBIL(543)]
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into as of May 14, 2024, by and between the City of Temecula ("CITY"), and CNS Engineers, Inc, a California "S" Corporation ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Recitals: This First Amendment to Agreement is made for the purposes of and with respect the following facts which each parties agrees are true and correct:

A. On March 12, 2019, the parties entered into that certain Agreement entitled "Professional Services Agreement between City of Temecula and CNS Engineers, Inc. for the Murrieta Creek Bridge at Overland Drive Project PW-16-05 [Avenida Alvarado Over Murrieta Creek, Federal Aid Project No. BR-NBIL(543)]" ("Agreement").

B. The parties now desire to extend the term of the Agreement.

2. Extension of Term. Subsection A, of ARTICLE IV PERFORMANCE PERIOD, is hereby amended to read as follows:
"A. This contract shall go into effect on March 12, 2019, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by CITY'S Contract Administrator. The contract shall end on July 1, 2028 unless extended by contract amendment."

3. Authority. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

4. No Other Changes. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. -1-
11086-0166\2944324v l . doc

IN WITNESS WHEREOF, the parties have caused this First Amendment to Agreement to be signed and executed personally or on its behalf by its duly authorized representative.

CONSULTANT
CNS ENGINEERS, INC.

By:

Name: James J. Lu
Title: President
By: _
Name
Title:
: Hui -Min Huang
CFO
[NOTE: If the Owner is a corporation, it must be represented by two individuals who shall execute this Agreement on behalf of the corporation as follows: (A) one from the corporation's "Operational Group" (Chair of the Board, President, or a Vice -President) and; (B) one from the corporation's "Financial Group" (Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or Assistant Treasurer). A resolution of the Board of Directors designating one individual to sign the agreement on behalf of the corporation will be accepted. See California Corporations Code section 313.] -2-
11086-0166\2944324v l . doc

CITY

CITY OF TEMECULA,
A California Municipal Corporation
James Stewart
Mayor
ATTEST:

Randi Johl, JD, MMC
City Clerk
Peter M. Thorson
City Attorney
-3-
11086-0166\2944324v l . doc

FPN: BR-NBIL (543)
CITY PROJECT NO: PW-16-05

MURRIETA CREEK BRIDGE AT

OVERLAND DRIVE

1. Location Maps
1UP
(Regional Map)
W�E
N
S
Road
11Page

Ak
The Heart of Southern California
Wine Country

MURRIETA CREEK BRIDGE AT OVERLAND
Circulation Project
Project Description: This project includes the design and construction of a new bridge crossing over Murrieta Creek between Rancho California Road and Winchester Road. This project also includes environmental studies, mitigation, acquisition of right-of-way, and installation of new traffic signals at Overland Drive intersections with Diaz Road and Enterprise Circle West and Commerce.

Benefit: This project improves traffic circulation and access to Overland Drive freeway over -crossing.

Core Value: Transportation Mobility and Connectivity
Project Status: This project is currently in design and is partially funded by the Federal Highway Bridge Program (HBP). During design phase staff will continue seeking additional programming and allocation of more HBP funds for the project.

Department: Public Works - Account No. 210.265.999.5800.PW16-05 / 648 Level: I
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
Project Cost:

Prior Years
Actuals
2022-23
Adjusted
2023-24
Adopted
Budget
2024-25
Projected
2025-26 2026-27
Projected Projected
2027-28
Projected
Total Project
Cost
5801-Administration
251,384
160,017
100,000
100,000
110,000
721,401
5804-Construction
16,122,000
16,122,000
5805-Construction Engineering
2,051,000
2,051,000
5802-Design & Environmental
763,390
1,968,028
2,731,419
5700-Land Acquisition
3,584,000
31584,000
5806-MSHCP
739,140
66,960
806,100
Total Expenditures
1 1,014,775
6,451,185
166,960
100,000
18,283,000
26,015,920
Source of Funds:
4242-DIF-Street Improvements
2,010,960
166,960 100,000 3,152,655
5,430,575
4417-HBP-Highway Bridge Program
331,242
4,123,758 15,130,345
19,585,345
4002-Measure S
1,000,000
1,000,000
Total Funding
2,342,202
5,123,758 166,960 100,000 18,283,000
26,015,920
Future Operating & Maintenance Costs:

Total Operating Costs
79 Ak
---
The Heart of Southern California
Wine Country

MURRIETA CREEK BRIDGE AT OVERLAND
Circulation Project
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
2023-24
Prior Years 2022-23 Adopted 2024-25 2025-26 2026-27 2027-28 Total Project Project Cost: I Actuals I Adjusted Budget Projected Projected Projected Projected I Cost Notes :

1. Highway Bridge Program (HBP) Funding is 88.53% of participating items only.

2. DIF Street Improvements funding covers 11.47% of participating items and 100% of non -participating items.

3. HBP funding is authorized for reimbursement by Caltrans in a piecemeal fashion based on project progress, available funding in any given year, and the progress of other projects in the program.

4. When HBP funds are authorized for reimbursement by Caltrans, the reimbursable fiscal year may or may not be identified.

5. While the HBP recognizes the total project cost, it does not program its funds into the future. 80 Item No. 9

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 14, 2024
SUBJECT: Approve Second Amendment to Consultant Agreement with T.Y. Lin International for the I-15/French Valley Parkway Improvements —Phase II, PW16-01 PREPARED BY: Amer Attar, Engineering Manager
Avlin R. Odviar, Principal Civil Engineer
RECOMMENDATION: That the City Council approve the second amendment to the agreement for consultant services with T.Y. Lin International in an amount not to exceed $200,000, to provide continued construction support during construction and prepare the Financial Plan Update for the I-15/French Valley Parkway Improvements — Phase II, PW 16-01.

BACKGROUND: On August 23, 2022, the City Council approved the agreement for construction support services on a time and materials basis in the amount of $350,000 and subsequently approved the first amendment for continued services in the amount of $150,000. The agreement amount, as amended, is $500,000. This Second Amendment to the agreement adds capacity for continued engineering support and preparation of the project Financial Plan Update, in the amount of $200,000, for an amended total agreement amount of $700,000.

Construction of the project has continued to require extensive coordination and engineering support from T.Y. Lin International in evaluating and responding to Requests For Information (RFI), performing structural calculations and analyses of construction alternatives, evaluating traffic handling alternatives and staging, and assisting with the preparation of contract change orders (CCO). Additionally, as the author of the project's Initial Financial Plan (project document required by Caltrans), T.Y. Lin International will prepare the annual Financial Plan Update (FPU) under this agreement. To date, nearly 100% of the contract amount has been expended. Additional contract funds are necessary for continued engineering support and preparation of the FPU.

FISCAL IMPACT: The I-15/French Valley Parkway Improvements — Phase II project is included in the City's Capital Improvement Program (CIP) Budget FY 2024-28. Project costs are supported by numerous sources of funds as shown in the attached CIP Project Budget sheet.

There are sufficient funds available to cover the cost of this amendment, $200,000.

ATTACHMENTS: 1. Second Amendment

2. CIP Project Budget Sheet

SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND T.Y. LIN INTERNATIONAL
1-1 5/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II, PW16-01 THIS SECOND AMENDMENT is made and entered into as of May 14, 2024 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and T.Y. Lin International, 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 August 23, 2022, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services Between City of Temecula and T.Y. Lin International, 1-1 5/French Valley Parkway Improvements — Phase II, PW16-01," in the amount of $350,00.00.
b. On January 9, 2024, the City and Consultant entered into the First Amendment to the Agreement, in the amount of $150,000.00.

C. The parties now desire to add scope of work, increase the payment in the amount of $200,000.00, and to amend the Agreement as set forth in this Amendment.

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

The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Two Hundred Thousand Dollars and No Cents ($ 200,000.00), for additional engineering support and preparation of the project Financial Plan Update for a total Agreement amount of Seven Hundred Thousand Dollars and No Cents ($700,00.00).

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

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

O8/09/2021

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

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

T.Y. LIN INTERNATIONAL
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign
the agreement on behalf of the corporation.)
By: Y/,
James t
rr, Vice President
Peter M. Thorson, City Attorney CONSULTANT
T.Y. Lin International
Attn: Rodrigo Gonzalez
3633 East Inland Empire Blvd., Suite 700
Ontario CA 91764
909-912.6903
Rodri o.Gonzalex t iin.com
City Purchasing Mgr.

Initials and Date:
2 08/09/2021

ATTACHMENT A

EXHIBIT A

SCOPE OF WORK
This scope of work shall be added to Exhibit A of the Agreement, as amended.

TASK 3 - FINANCIAL PLAN UPDATE
TYLin will assist the City of Temecula with the preparation and submittal of a comprehensive Financial Plan Annual Update (FPAU) to the Initial Financial Plan (IFP) in accordance with the requirements of 23 U.S.C. §106 (h)(1) and (3), the Financial Plan annual updates guidance issued by the Federal Highway Administration (FHWA Guidance), and a "Preferred Practices" template provided by Martha Santana, Acting Office Chief, Caltrans District 8, on 3/11/2024 (FPAU Template). If acceptable, we can submit the draft FPAU within 20 working days after receiving Notice to Proceed (NTP) and required data from the City, and the final FPAU within 10 working days after receiving review comments on the draft FPAU from the City.

ASSUMPTIONS:
■ City will provide all historical data (actual costs and schedules and funding, from April 2022, IFP date, to present, Q1 2024, for Phase II and III) and projected data (tentative costs and schedules and funding, from Q1 2024 to end of Phase II and Phase III projected completion dates) to update the IFP tables, narrative and cash flow analysis.

SUB TASKS:

Project Management. This includes administrative tasks for project set-up, tracking, monitoring progress, meeting with the City and coordination through the duration of the work. Also included under this task is the QC review of all components of the FPAU.

Deliverable: Meeting minutes
Preparation of Financial Plan Annual Update. In general, the FPAU will be a stand-alone plan, including any changes since the IFP was certified in April 2022 (i.e., two-year update). For both Phase II and Phase III, the FPAU will present current historical data (actual costs and schedules and funding, from April 2022, IFP date, to present, Q1 2024) and projected data (tentative costs and schedules and funding, from Q1 2024 to end of Phase II and Phase III projected completion dates), and financial resources to be utilized to fund the remaining portions of the project. Per FHWA Guidance (23 U.S.C. 106(h)(1) and (3)), the report contents will follow the FPAU Template format:

Preface:
i. Cover Page (will update)
ii. Certification Letter (will update)
iii. Executive Summary (will update)
08/09/2021

iv. Document (Review) History (will update)
v. Table of Contents (will update)
Chapters:

1. Project Description (minor updates)

2. Schedule (will update)

3. Project Cost (will update)

4. Project Funds (will update)
5, Financing Issues (will include, but explain no financing proposed)

6. Cash Flow (will update)

7. P3 Assessment (will include, but explain not a P3 procurement project)

8. Risk and Response Strategies (will update)

9. Annual Update Cycle (will provide)

10. Summary of Cost Changes (will provide)

11. Summary of Schedule Changes (will provide)

12. Appendices (will provide)
Preface/Letter of Certification/Project Description. This section will update the preface, TOC,2.4 and project description sections of the report. The Letter of Certification will be updated and also describe this is the initial FPAU report and provide reason why 2023 FPAU was not provided within 90 days after 4/12/2023 (first FPAU due date). Per FHWA Guidance, financial plans must be updated annually and submitted to FHWA no later than 90 days after the end of each reporting period.

Project Schedules. This section will update the delivery milestones in schedules (Phase II and Phase III) including actual and targeted dates; providing matching Gantt charts. Per FHWA Guidance, this section will explain changes in the FPAU estimated schedule from IFP (number of months and main contributing factor(s)) and discuss any trends impacting planned implementation schedule.

Updated IFP Tables Include:

Table 1: Phase II Schedule including project delivery milestones dates, actual (from April 2022, IFP date, to present, Q1 2024), and targeted (from Q1 2024 to end of projected completion).

Table 2: Phase II Project Schedule Gantt Chart (matching dates above) including narrative of events completed since IFP, and reasons why targeted schedule dates changed, if any, since IFP. New Comparison: Per FHWA Guidance, the Gantt Chart will include both IFP and current schedules to show a comparison of the schedules, even if there are no or minor changes in current schedule.

New Table: Phase III Schedule including targeted project delivery milestones dates from Q1 2024 through estimated completion date. IFP estimated Phase III to begin in Fiscal Year (FY) 2025. Table will show targeted schedule FY 2025 through FY 2028, assuming 3 years of construction.
■ New Table: Phase III Project Schedule Gantt Chart (matching dates above). Comparison:

Per FHWA Guidance, the Gantt Chart will include both IFP and current schedules to show a comparison of the schedules, even if there are no or minor changes in current schedule. 08/09/2021

Project Costs. Provide updated Project cost elements for completing the Project in year, stating costs are provided in year -of -expenditure dollars (YOE). Summarize the costs incurred to date by fiscal year since the IFP. Per FHWA Guidance, provide cost changes since IFP with explanation/s of contributing factors and document actions taken to monitor and control cost growth.

Updated IFP Tables Include:
• Table 3: Phase I Project Cost Summary (no change)
Table 4: Phase II Project Cost Summary (Actual Expenditures at end of Q1 2024 and Expected Future Spending through FY 2026 or completion date) where spending timeline matches Phase II schedule.

Table 5: Phase III Project Cost Summary (Actual Expenditures as of Q1 2024 and Expected Future Spending FY 2025 through completion, assuming 2 years of construction) where spending timeline matches Phase III schedule. • New Table/Narrative: Per FHWA Guidance, compare current estimated costs with those reported in IFP (e.g., Phase II and Phase III), even if there are no or minor changes in current costs, show percent change, and explain any changes. Per FHWA Guidance, use YOE dollars and describe assumptions used to arrive at YOE estimates and describe how estimates were developed.

Project Funds.

Per FHWA Guidance, describe all project funding sources and availability/commitments of funds required to Project completion, including city, state, federal, and other funds (current and future). Update project funding sources dedicated to Project, and any changes since IFP (timing of funds availability, additional expenditures not previously anticipated).
• Per FHWA Guidance, summarize project funding by source and amount (in a table and a chart (e.g. pie chart).
• Per FHWA Guidance, if any, show federal obligated funds and date expended. • Per FHWA Guidance, discuss any new trends impacting project funding (source) and costs (use of funds) and describe and explain any changes in funding since the IFP. • Provide actual excerpted pages of FTIP in the appendix, with relevant numbers highlighted.

Updated IFP Tables Include:

Table 8: Phase II Project Funding Sources overtime (Update Funding Sources received as Q4 2023, and dates obligated/received or expected) (Actual Use of Funds expended by source as of Q1 2024 and Expected Future Use of Funds through FY 2026 or completion date).
• Table 9: Phase III Project Funding Sources overtime (Update Funding Sources and dates obligated/received) received as Q1 2024, and Actual Use of Funds expended by source as of Q1 2024 and Expected Use of Funds extending FY 2025 through completion, assuming 2 years of construction).
06/09/2021

New Table: Federal Obligations and Expenditures Table, by Federal Project Number or Name and date obligated and expended (SAFETEA-LU, etc.).

Financial Issues. Report will include this section and explain Project financing is not required or proposed.

Cash Flow Analyses, Per FHWA Guidance, show fund availability versus expenditures by State Fiscal Year (FY) (cash in versus cash out). Provide an updated annual construction cash flow schedule for the Project with an overview of the planned sources of funds, given availability of data. Note: Ensure Phase II and III schedules matches up with respective funding and expenditures, see below. ,
Updated IFP Tables Include:
• Table 10: Phase II Project Source and Use of Funds Cash Flow Analysis • Table 11: Phase III Project Source and Use of Funds, 2024 and beyond Cash Flow Analysis.
• New: Per FHWA Guidance, compare cash flow displayed in IFP to updated cash flow [narrative should explain significant deviations from the IFP]. Discuss changes in estimated timing of fund availability (cash in) and/or expenditures (cash out) since IFP [narrative should explain significant deviations from the IFP]. • New Graph (Phase II): Per FHWA Guidance, include a graph of cumulative revenues vs cumulative costs, reflecting IFP projections and current conditions. • New Graph (Phase III): Per Guidance, include a graph of cumulative revenues vs cumulative costs, reflecting IFP projections and current conditions.

P3 Assessment. Report will include this section and explain a P3 Assessment is not required or proposed. P3s are defined as contractual agreements between a public agency and a private entity that allow for private sector participation in the delivery and financing of transportation projects.

Risks and Response Strategies. Provide summary of funding and/or scheduling constraints/obstacles since IFP (e.g., increased costs, changed funding availability, scheduling changes), if applicable, with discussion of proposed mitigation measures (e.g., new, or increased funding sources, modified project timelines to manage cash flows, strategies for acquisition of future funds, etc.). Per FHWA Guidance, discuss the status of existing risk(s) and identify new risk(s) in each FPAU.

Annual Update Cycle. New, per FHWA Guidance, designate the annual reporting period for the next FPAU.

Summary of Cost Changes. New, per FHWA Guidance:
• Provide an explanation of the change in total cost from last year's financial plan [identify the primary reason(s) for the change — Identify any scope changes contributed to this change]
• Document actions taken to monitor and control cost growth. 08/09/2021

■ Discuss trends impacting project costs and funding [Discussion should include the probable reasons for these trends and assess the implications for the remainder of the project— If applicable, indicate that no trends were identified].

Summary of Schedule Changes. New, per FHWA Guidance,
• Provide an explanation of the change in the estimated completion date from last year's financial plan (number of months and main contributing factor(s)) [clearly identify the primary reason(s) for the change — Identify any scope changes that have contributed to this change]
Document actions taken to monitor and control schedule growth.

Discuss trends impacting project schedule [Discussion should include the probable reasons for these trends and assess the implications for the remainder of the project — If applicable, indicate that no trends were identified].

Appendices. This section will provide most recent actual excerpted pages (year 2023) from the FTIP, with relevant numbers highlighted. Phase II https://scag.ca.gov/sites/main/files/file- attachments/21-06—conformitydeterminationcomparisonreport. pdf?1625285022 Phase III https://scag.ca.gov/sites/main/files/file-attachments/23-ftip-state-amend-23-0121- riv. pdf? 1704920835
Deliverable: Draft and final FPAU in both Word and pdf formats.

SCHEDULE:

Submit draft FPAU within 20 working days after receiving NTP and the required data from the City.

Submit final FPAU within 10 working days after receiving review comments on draft FPAU from the City.
08/09/2021

EXHIBIT B

PAYMENT RATES AND SCHEDULE

GENERAL
The tasks described in the Scope of Work (Exhibit A) will be performed on a time and materials basis at the direction of the City or its delegate. It is understood that the actual work effort is not known and will be a function of the extent of inquiries, changes, and clarifications that arise as a result of the construction of the project. Actual cost shall not exceed the Total Fee without prior authorization from the City.

Fee (Original Agreement)................................................................$ 350,000.00 Fee (FIRST Amendment)................................................................ 150,000.00 Fee (SECOND Amendment) .............................................. ----.---..... 200 ]" Total Fee.....................................................................................$ 700,000.00 08/09/2021

T.Y. LIN INTERNATIONAL

CORPORATE AUTHORIZATION
I hereby certify that James Barr, Vice President of T.Y. Lin International a California corporation (the "Corporation'), is a duly elected and appointed officer of the Corporation and holds full corporate authority to enter into project related contracts and proposals and execute and deliver such contracts, proposals, and any supplements related thereto, for and on behalf of the Corporation.

IN WITNESS WHEREOF, I have caused this instrument to be executed and the corporate seal of the Corporation to be hereunto affixed on the 3rd day of March 2022.

T.Y. LIN INTERNATIONAL
David S.

By:

Tingley
David Tingley
Vice President and Assistant Secretary
Digitally signed by
David S. Tingley
Date: 2022.03.04
10:51:08-05'00'

Aft
t he Heat of Saut Cu farni,
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City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II
Circulation Project
Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215.

Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system.

Core Value: Transportation Mobility and Connectivity
Project Status: Construction May 2023 through February 2025.

Department: Public Works - Account No. 210.265.999.5800.PW16-01 / 726 Level: I
Project Cost:

Prior Years
Actuals
2022-23
Adjusted
2023-24
Adopted
Budget
2024-25 2025-26
Projected Projected
2026-27 2027-28
Projected Projected
Total Project
Cost
5801-Administration
3,064,343
366,456
300,000
170,000
3,900,799
5804-Construction
89,940,000
15,000
89,955,000
5805-Construction Engineering
33,033
10,867,967
10,901,000
5802-Design & Environmental
19,346,698
122,605
19,469,303
5700-Land Acquisition
13,806,538
716,714
14,523,251
5240-Utilities
1,993
1,993
Total Expenditures
36,252,605
102,013,741
315,000
170,000
138,751,346
Source of Funds:
4271-CFD 01-02 (Harveston)
1,005,840
1,005,840
4242-DIF-Street Improvements
75,360
75,360
4001-General Fund
4,236,174
41236,174
4668-INFRA Grant
50,000,000
50,000,000
4170-Measure A
1,627,914
1,627,914
4002-Measure S
3,761,973
1,799,612 300,000 170,000
6,031,585
4438-Reimbursements
6,023,000
61023,000
4465-SAFETEA-LU
1,602,360
1,602,360
4426-STIP-Surface Transportation
47,600,000
47,600,000
Improvement Program
4473-TUMF (CETAP/RCTC)
472,841
999,668
1,472,509
4474-TUMF (RCTC)
2,343,000
2,343,000
4472-TUMF (WRCOG)
1 13,406,3901
3,327,214
1 16,733,604
Total Funding
32,952,492
105,328,854 300,000 170,000
138,751,346
Future Operating & Maintenance Costs:
71 Aft
WhC'n..,I
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II
Circulation Project
2023-24
Prior Years
2022-23 Adopted 2024-25 2025-26 2026-27 2027-28
Total Project
Project Cost:

Actuals
Adjusted Budget Projected Projected Projected Projected Cost
Total Operating Costs
Notes :

1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds.

2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000).

3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW.

4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II.

5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase 11.

6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase 1.

7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match).
72 Item No. 10

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 14, 2024
SUBJECT: Award Construction Contract to Beador Construction Company, Inc., for the Santa Gertrudis Creek Trail Phase II — Margarita Road Under -Crossing Project, PW19- 04 PREPARED BY: Avlin R. Odviar, Principal Civil Engineer William Becerra, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Approve the appropriation of $1,562,908 from DIF — Open Space & Trails to the Santa Gertrudis Creek Trail Phase II — Margarita Road Under -Crossing Project, PW 19-04; and

2. Reject the bid received from Leonida Builders, Inc. for the Santa Gertrudis Creek Trail Phase II — Margarita Road Under -Crossing Project, PW19-04; and

3. Award a construction contract to Beador Construction Company, Inc. in the amount of $3,565,700 for the Santa Gertrudis Creek Trail Phase II — Margarita Road Under - Crossing Project, PW19-04; and

4. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $356,570; and

5. Authorize payment of $9,831.95 to the Western Riverside County Regional Conservation Authority for the Multiple Species Habitat Conservation Plan fee required for construction of the Santa Gertrudis Creek Trail Phase II — Margarita Road Under -Crossing Project, PW19-04.

BACKGROUND: The Santa Gertrudis Creek Trail Phase II — Margarita Road Under - Crossing, PW19-04; includes the design, environmental clearance, and construction of the Santa Gertrudis Creek Trail under Margarita Road. The under -crossing will provide a continuous paved path beneath Margarita Road along the Santa Gertrudis Creek allowing users to pass under Margarita Road at this location.

On October 10, 2023, City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids.

The construction contract was publicly advertised between October 12, 2023, and November 16, 2023. On December 12, 2023, the City Council approved the withdrawal of bid by Leonida Builders, Inc., rejected all construction bids, and authorized the Department of Public Works to re -advertise the project allowing time for staff to explore additional funding opportunities and revisit the bid package. The construction contract was readvertised publicly between February 12, 2024, and March 21, 2024. Three (3) bids were received and publicly opened on Thursday, March 21, 2024.

The results were as follows:

Rank Bidder Bid Amount

1. Beador Construction Company Inc. $3,565,700

2. KEC Engineering $3,859,999
-- Leonida Builders, Inc. -------------
On March 21, 2024, Beador Construction Company, Inc. submitted a protest letter, attached, on the basis that Leonida Builders, Inc. is barred from bidding the contract per California Public Contract Code PCC § 5105, which states that a bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project on which the mistake was claimed or security forfeited.

On April 2, 2024, with guidance from the City Attorney, the City sent a letter, attached, to Leonida Builders, Inc. that stated the City's intent to reject Leonida's construction bid on the basis of California Public Contract Code PCC § 5105. Later that same day, Leonida Builders, Inc. sent an email correspondence, attached, that acknowledged California Public Contract Code PCC § 5105, however, Leonida Builders, Inc. asserted that there is applicable case law that would allow Leonida Builders, Inc. to submit a bid for the project on the basis that the rebid project is substantially different from the originally bid project.

After thorough review, the City responded to Leonida in a letter, attached, dated April 9, 2024.

This letter specifies various factors and conditions that deem the original project to be considered the same as the rebid project, thereby barring Leonida from rebidding the project.

Beador Construction Company, Inc., of Costa Mesa, California, is the lowest responsive and responsible bidder. Beador Construction Company, Inc. has public contracting experience and has successfully completed similar public projects for the City.

The Engineer's Estimate of construction cost was $3,860,000. The construction contract allows for 120 working days (approximately 6 months) to construct the Project.

The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) MSHCP Mitigation Fee Implementation Manual adopted by Resolution 2020-013 on December 7, 2020. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP.

Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 days of construction contract award. Fees outside the public right-of-way are calculated on a cost per acre of disturbed area basis. In this case, the fee for the Project is $9,831.95, which is calculated based on a project site area of 0.51568 acres at $19,066 per acre.

FISCAL IMPACT: The Santa Gertrudis Creek Trail Phase II — Margarita Road Under - Crossing Project, PW19-04 is included in the City's Capital Improvement Program, Fiscal Years 2024-28, and is funded with Measure S and Senate Bill 1. With the additional appropriation of $1,562,908 from DIF — Open Space & Trails, adequate funds will be available in the project account to cover the contract amount of $3,565,700 plus the 10% contingency amount of $356,570 for a total encumbrance of $3,922,270. Existing project funds will cover the $9,831.95 MSHCP fee payment.

ATTACHMENTS: 1. Contract

2. Project Description

3. Project Location

4. Beador Letter dated March 21, 2024

5. City Letter to Leonida dated April 2, 2024

6. Leonida Email dated April 2, 2024

7. City Letter to Leonida dated April 9, 2024

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACT
for

SANTA GERTRUDIS CREEK TRAIL PHASE II - MARGARITA RD UNDER -CROSSING (REBID)
PROJECT NO. PW19-04
THIS CONTRACT, made and entered into the 14th day of May, 2024 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", Beador Construction Company, Inc., hereinafter referred to as "Contractor." WITNESSETH:

That City and Contractor, for the consideration hereinafter named, mutually agree as follows:

CONTRACT DOCUMENTS
The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled SANTA GERTRUDIS CREEK TRAIL PHASE II - MARGARITA RD UNDER -CROSSING (REBID), PROJECT NO. PW19-04, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for SANTA GERTRUDIS CREEK TRAIL PHASE II - MARGARITA RD UNDER - CROSSING (REBID), PROJECT NO. PW19-04. Copies of these Standard Specifications are available from the publisher:

BNi Building News
Division of BNi Publications, Inc.
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for SANTA GERTRUDIS

CREEK TRAIL PHASE II - MARGARITA RD UNDER -CROSSING (REBID), PROJECT NO. PW19-04.

In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions.

Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed CONTRACT C-1

and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.

The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract.

2. SCOPE OF WORK
Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: SANTA GERTRUDIS CREEK TRAIL PHASE II - MARGARITA RD UNDER -CROSSING (REBID), PROJECT NO. PW19-04.

All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City.

3. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives.

4. CONTRACT AMOUNT AND SCHEDULE
The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE MILLION FIVE HUNDRED SIXTY-FIVE THOUSAND SEVEN HUNDRED DOLLARS AND ZERO CENTS ($3,565,700.00), the total amount of the base bid.

Contractor agrees to complete the work in a period not to exceed One Hundred Twenty (120) working days, commencing with delivery of a Notice to Proceed by City.

Construction shall not commence until bonds and insurance are approved by City.

5. CHANGE ORDERS
All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council.

6. PAYMENTS
a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or CONTRACT C-2

about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City.

C. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest_: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference.

7. LIQUIDATED DAMAGES / EXTENSION OF TIME
a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor.
b. Extension of Time; Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City.

Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.

8. WAIVER OF CLAIMS
On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment.

9. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at htt2:// www.dir.ca._q . Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of CONTRACT C-3

Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

10. TIME OF THE ESSENCE
Time is of the essence in this contract.

11. INDEMNIFICATION
All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City.

The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12 GRATUITIES
Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto.

13. CONFLICT OF INTEREST
Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids.

14. CONTRACTOR'S AFFIDAVIT
After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in CONTRACT C-4

connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.

15. NOTICE TO CITY OF LABOR DISPUTES
Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.

16. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.

17. INSPECTION
The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work.

18. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.

19. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract.

20. PROHIBITED INTEREST
No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter.

Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California.

CONTRACT C-5

21 22

23. ADA REQUIREMENTS
By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.

WRITTEN NOTICE
Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows:

Mailing and Delivery Address: Patrick A. Thomas, PE
Director of Public Works / City Engineer
City of Temecula
41000 Main Street
Temecula, CA 92590
INSURANCE.

The Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representatives, employees or subcontractors.

Minimum Scope of Insurance: Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88.

2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable.

3. Worker's' Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contract, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees.

Minimum Limits of Insurance: The Contractor shall maintain limits no less than:

General Liability: Two Million Dollars $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: One Million Dollars $1,000,000 per accident for bodily injury and property damage.

CONTRACT C-6

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

Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall not exceed Twenty -Five Thousand Dollars $25,000.

Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respects to liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers.

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers.

4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this Contract shall be endorsed to state in substantial conformance to the following: If the policy will be cancelled before the expiration date the insurer will notify in writing to the City of such cancellation not less than 30 days prior to the cancellation effective date.

6. If insurance coverage is cancelled or reduced in coverage or in limits, the Contractor shall within two business days of notice from the insurer, phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.

Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements.

CONTRACT C-7

Verification of Coverage: Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

24. RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT
Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

27. CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.

All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code CONTRACT C-8

Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act.

CONTRACT C-9

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.

DATED: CONTRACTOR:

Beador Construction Company, Inc.
2900 Bristol Street, Suite D204
Costa Mesa, CA 92626
uavia tieaaor
Print or type NAME
Secretary, Chief Financial Officer, Chief
Execu k e ❑fter
Print 4 typ Tl LE*
By:

Print or type NAME
07 aS ^+-
Print or type TITLE*
(*Signatures of two corporate officers reauirec! for Corporations) DATED'
ATTEST:

Randi Johl, City Clerk
APPROVED AS TO FORM:

CITY OF TEMECULA
By:

James Stewart, Mayor
Peter M. Thorson, City Attorney
CONTRACT C-10

SEp:FTs. STATE OF CALIFORNIA
Office of the Secretary of State
;w
m` STATEMENT OF INFORMATION
o;

CORPORATION
' California Secretary of State
'CgLTF_Wgk %" 1500 11th Street
Sacramento, California 95814
(916) 653-3516
For Office Use Only
-FILED -
File No.: BA20230998071
Date Filed: 6/21/2023
Entity Details
Corporation Name BEADOR CONSTRUCTION COMPANY, INC.

Entity No. 2106117
Formed In CALIFORNIA
Street Address of Principal Office of Corporation
Principal Address
Mailing Address of Corporation
Mailing Address
Attention
Street Address of California Office of Corporation
Street Address of California Office
Officers
2900 BRISTOL STREET D204
COSTA MESA, CA 92626
2900 BRISTOL STREET D204
COSTA MESA, CA 92626
2900 BRISTOL STREET D204
COSTA MESA, CA 92626
Officer Name
Officer Address
Position(s)
0 David A Beador
2900 BRISTOL STREET D204
COSTA MESA, CA 92626
Secretary, Chief Financial Officer, Chief Executive Officer Additional Officers
Officer Name Officer Address Position Stated Position
None Entered
Directors
Director Name
Director Address
0 David A Beador
2900 BRISTOL STREET D204
COSTA MESA, CA 92626
The number of vacancies on Board of Directors is: 0
Agent for Service of Process
Agent Name
Agent Address

DAVID A BEADOR
2900 BRISTOL STREET D204
COSTA MESA, CA 92626
Type of Business
Type of Business HEAVY HWY CONSTRUCTION
Email Notifications
Opt -in Email Notifications Yes, I opt -in to receive entity notifications via email.

Labor Judgment
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code.

Page 1 of 2 ends

Electronic Signature
® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.

David A Beador 0612112023
Signature Date
J
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ri
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Page 2 of 2 ends

f
Adk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program

SANTA GERTRUDIS CREEK PHASE II - MARGARITA UNDER -CROSSING Infrastructure Project
Project Description: This project includes the design, environmental, and construction of the under -crossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along the Santa Gertrudis Creek at this location.

Benefit: The project provides a safe pedestrian and bicycle trail connection for the community.

Core Value: Transportation Mobility and Connectivity
Project Status: Project is anticipated to be completed in Fiscal Year2023-24.

Department: Public Works - Account No. 210.265.999.732 / PW19-04 Level: I
Project Cost:

Prior Years
Actuals
2023-24
2022-23 Proposed 2024-25 2025-26 2026-27 2027-28
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
Administration
172,512
275,488
448,000
Construction
1,631,179 819,663
2,450,842
Construction Engineering
370,000
370,000
Design & Environmental
380,596
253,368 31,350
665,314
Land Acquisition
21,500
21,500
MSHCP
81,559
81,559
Total Expenditures
553,108
2,633,094 851,013
4,037,215
Source of Funds:

Measure S
Senate Bill 1
553,108
1,131,094 851,013
1,502,000
2,535,215
1,502,000
Total Funding
553,108
2,633,094 851,013 -
4,037,215
Future Operating & Maintenance Costs:

Total Operating Costs
Notes :

1. California Transportation Commission (CTC) adopted the2019 Active Transportation Program Augmentation on January30 - 31, 2019. 148

Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW19-04 ", .

Q01iLaCiC�Ct y `4 _
RV h, S a w� fx 4 .rsp
:� t•` n •rst: a� � �p�"+-
PAVED
-- PROPOSED
-- UNPAVED
Notes

Beador
Construction
Company, Inc.

March 21, 2024
City of Temecula
Office of the City Clerk
41000 Main Street
Temecula, CA 92590
Attention: City Clerk
RE: Beador Construction Company Inc. Bid Protest — Leonida Builder's Bid City of Temecula Project No. PW19-04
Santa Gertrudis Creek Trail Phase II — Margarita Rd Under -Crossing (Rebid) Bid Submitted March 21, 2024
City Clerk:

Beador Construction Company Inc. hereby protests Leonida Builders bid submission. Leonida is barred from bidding this contract per California Public Contract Code, PCC § 5105.

California Code, Public Contract Code - PCC § 5105 Current as of January 01, 2023 1 Updated by A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project on which the mistake was claimed or security forfeited.

Leonida bid the first time the project bid at $2,380,235.00 and, as we were informed, requested bid relief for that and their bid. Leonida is barred from further bidding on the project thus pursuant to PCC § 5105. It is interesting and noted they submitted a bid the 2nd time over $1,000,000 higher (150% higher) but just under the first bid submission by Beador. Beador is not in business to provide other Contractors the presumably correct pricing they should be using in their bid submission. Leonida Builders is not the "lowest responsible bid" as they are not allowed to bid the project. The City must reject Leonida's bid and award the contract to the lowest responsible bidder, which appears to be Beador Construction Company, Inc.

Should you have questions or comments, please feel free to call.

Sincerely,
Beador Constru io ompany, Inc.

David A. Beador
President
26320 Lester Circle Corona, CA 92883 ■(951) 674-7352 ■ (951) 674-7495 Fax . License #720483

City of Temecula
41000 Main Street • Temecula, California 92590
Phone (951) 694-6411 • temeculaca.gov
April 2, 2024
VIA EMAIL ONLY: PanikoskLeonidabuilders.com
Panagiotis Leonida, President
Leonida Builders, Inc.
32023 Crown Valley
Acton, CA 94510
Re: Santa Gertrudis Creek Trail Phase 2 - Margarita Road Under -Crossing PW 19-04 (Rebid) The City of Temecula has received a bid protest from Beador Construction Company, Inc., dated March 21, 2024. A copy of that bid protest letter is enclosed, which essentially posits that Leonida cannot bid on this project as it had previously successfully withdraw its bid, i.e., the City had accepted Leonida's bid withdrawal request, and subsequently rejected all bids and had rebid this project.

Beador's bid protest letter cites Public Contract Code Section 5105 which states: "A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project on which the mistake was claimed or security forfeited." (Underline added).

By operation of the clear and plain meaning of this statute, the City intends to reject Leonida's bid that was submitted on the rebid of this project. If Leonida has contrary controlling legal authority, we request that it be provided to the City within three (3) business days of the date of this letter.

Sincerely,
William Becerra
Associate Engineer II - CIP
cc: Patrick A. Thomas — Director of Public Works / City Engineer Avlin R. Odviar — Principal Civil Engineer — CIP
Randi Johl — City Clerk
Jennifer Hennessy — Director of Finance
B. Tilden Kim — City Attorney

Beador
Construction
Company, Inc.

Beador Construction Company Inc. hereby protests Leonida Builders bid submission. Leonida is barred from bidding this contract per California Public Contract Code, PCC § 5105.

Should you have questions or comments, please feel free to call.

Sincerely,
Beador Constru io ompany, Inc.

David A. Beador
President
26320 Lester Circle Corona, CA 92883 ■(951) 674-7352 ■ (951) 674-7495 Fax . License #720483

From:

Panikos Leonida
To:

Will Becerra Jr
Cc:

Patrick Thomas; Avlin Odviar; Randi Johl; Jennifer Hennessy; Tilden Kim - Richards I Watson I Gershon (TKim(&rwolaw.com)
Subject:

RE: Santa Gertrudis Creek Trail Phase 2 - Margarita Road Under -Crossing PW 19-04 (Rebid) Date:

Tuesday, April 2, 2024 2:31:21 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Resent with typos corrected.

Good afternoon, Mr. Becerra:

We acknowledge receipt of Beador Construction Company, Inc.'s (hereinafter referred to "Beador") bid protest dated March 21, 2024, received by Leonida Builders Inc. (hereinafter referred to as "Leonida") via email on April 2, 2024. We have thoroughly reviewed Beador's bid protest pursuant to Public Contract Code Section 5105 wherein "A bidder who claims mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project on which the mistake was claimed or security forfeited." [Emphasis added.] It is true that Leonida submitted a bid withdrawal based on mistake pursuant to California Public Contract Code Section 5103 for the project named Santa Gertrudis Creek Trail Phase 2- Margarita Road Under -Crossing PW 19-04 in which Leonida was the lowest bidder and said withdrawal was accepted by the City of Temecula. However, this does not categorically prevent Leonida from rebid a project by the same name, but not the same project in which the mistake was claimed.

In the case of Colombo Construction Co. v. Panama Union School Dist., 136 Cal. App. 3d 868, 875-77 (1982), the Court found that the contractor was prevented from bidding on the rebid because it was substantially similar to the original bid. The changes made on the rebid in Colombo where deferments, matters that were originally planned, but subsequently dropped to reduce the cost of the project, and said changes did not result in financing or plan changes.

Conversely, the City of Temecula's rebid is substantially different from the original bid. The City of Temecula's original Santa Gertrudis Creek Trail Phase 2- Margarita Road Under -Crossing PW 19-04 bid solicitation included an engineer's estimate of $2,130,000 based on plans approved by the City on October 10, 2023. The Rebid, however, was based on an engineer's estimate of $3,860,000 based revised, resubmitted, and recently approved plans dated January 24, 2024.

Therefore, the City of Temecula's REBID for the Santa Gertrudis Creek Trail Phase 2- Margarita Road Under -Crossing PW 19-04 was substantially different from the original bid based on the financing/budgetary increase and plan changes that had to be made, submitted, and approved by the City.

For the aforementioned reasons, Leonida is not prevented from bidding on this current REBID because the project was substantially different from the original bid solicitation. As such, Leonida requests that the City proceed with awarding the project to Leonida as the lowest, responsible

bidder.

Thank you for your attention to this matter and consideration of our response to Beador's protest.

Respectfully,
Panikos Leonida
President of Leonida Builders Inc.

From: Panikos Leonida
Sent: Tuesday, April 2, 2024 2:21 PM
To: Will Becerra Jr
Cc: Patrick Thomas ; Avlin Odviar
; Randi Johl ; Jennifer Hennessy
; Tilden Kim - Richards I Watson I Gershon
([email protected])
Subject: RE: Santa Gertrudis Creek Trail Phase 2 - Margarita Road Under -Crossing PW 19-04 (Rebid) Good afternoon, Mr. Becerra:

Conversely, the City of Temecula's rebid is substantially different from the original bid. The City of Temecula's original Santa Gertrudis Creet Trail Phase 2- Margarita Road Under -Crossing PW 19-04 bid solicitation included an engineer's estimate of $2,130,000 based on plans approved by the City on October 10, 2023. The Rebid, however, was based on an engineer's estimate of $3,860,000

based revised, resubmitted, and recently approved plans dated January 24, 2024.

Therefore, the City of Temecula's REBID for the Santa Gertrudis Creet Trail Phase 2- Margarita Road Under -Crossing PW 19-04 was substantially different from the original bid based on the financing/budgetary increase and plan changes that had to be made, submitted, and approved by the City.

Thank you for your attention to this matter and consideration of our response to Beador's protect.

Respectfully,
Panikos Leonida
President of Leonida Builders Inc.

From: Will Becerra Jr
Sent: Tuesday, April 2, 2024 9:29 AM
To: Panikos Leonida
Cc: Patrick Thomas ; Avlin Odviar
; Randi Johl ; Jennifer Hennessy
; Tilden Kim - Richards I Watson I Gershon
(TKim(@rwglaw.com)
Subject: Santa Gertrudis Creek Trail Phase 2 - Margarita Road Under -Crossing PW 19-04 (Rebid) Good morning Mr. Leonida,
Please reference attached correspondence.

Regards,
Will Becerra Jr
Associate Engineer II
City of Temecula
(951) 693-3963
will. becerra(a)TemeculaCA.gov
41000 Main St, Temecula, CA 92590

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

City of Temecula
41000 Main Street • Temecula, California 92590
Phone (951) 694-6411 • temeculaca.gov
April 9, 2024
VIA EMAIL ONLY: PanikoskLeonidabuilders.com
Panagiotis Leonida, President
Leonida Builders, Inc.
32023 Crown Valley
Acton, CA 94510
RE: SANTA GERTRUDIS CREEK TRAIL PHASE II — MARGARITA ROAD UNDER - CROSSING (REBID) — PROJECT NO. PW19-04 (the "Project")
The City of Temecula ("City") has reviewed and considered Leonida's email dated April 2, 2024, sent at 2:31 p.m. ("resent with typos corrected"). Leonida cited Colombo Construction Co. v. Panama Union School Dist., 136 Cal. App. 3d 868, 875-77 (1982), where the Court found that the contractor was prevented from bidding on the rebid because it was substantially similar to the original bid. Contrary to Leonida's position, and consistent with Colombo, the City concludes that virtually the same Project was the subject to rebid, and thus, Leonida is barred from rebidding on the Project as it sought and was granted relief from bid due to a claimed clerical error on the original bid.

In Colombo, the court noted in relevant part: "[W]e do not feel that every change will necessarily transform a project into a different project. This is borne out by the evidence where witnesses for each side agreed the seven addenda to the original bid did not make the project a new project and were not unusual for a project of this size. We must therefore look to the nature of the change in the plans and specifications between the bids.

Most of the changes were `deferments' — matters which had originally been planned but dropped for the time being to reduce the cost of the project. These "deferments" included chain link fencing with mow strip, electrical changes, landscaping and a sprinkler system, and a burglar alarm. The only major structural change was the flooring on the relocatable classrooms, a difference in price of approximately $65,000. While the cost may have been affected, we do not believe the deletion of the "deferments" changed the identi . of the project. Appellant used basically the same figures for his second bid to work from, and merely deleted these items. As to the relocatable classrooms, the change in the dollar figure on the bids was less than 4 percent of the total cost of the bid.

Indeed, the project remained virtually the same. The location and number of rooms, square footage and the architect were all identical. The financing and the plans and specifications for the buildings (with the exception of the relocatable classrooms) were unchanged. Reapprovals were not required for the project from the state building fund, the Department of Education, or the Office of Local Assistance. It was not necessary to obtain a new environmental impact report or geological reports. In the opinion of the architect, the job was the same." (underline added).

The same factors and considerations apply to the Project to conclude that -- for the purposes of Public Contract Code § 5105 -- the original and rebid did not constitute different projects, and thus, Leonida is barred from rebidding on the Project:

First, the length, width and location of the bike/ped trail is identical in both bids.

Second, additional appropriation of funds will be implemented to award the contract. There is no "financing" required for the Project.

Third, no re -approvals were required from outside agencies to rebid the Project. The City Council previously rejected all bids and authorized rebidding of the Project.

Fourth, no new environmental reports or technical studies were needed/performed.

Fifth, attached is a letter dated April 8, 2024, from the Engineer of Record detailing why the rebid Project is virtually the same as the originally bid Project.

Finally, Leonida's reliance on the difference in the Engineer's Estimate from the original advertisement and rebid is misplaced. On the original advertisement, all valid bids received were significantly higher than the Engineer's Estimate as well as the Project's construction budget.

The City exercised its discretion to reject all bids on so that it could (1) re -review the contract documents; (2) re -assess the Engineer's Estimate; and (3) research additional funds that might be necessary to construct the Project, without materially changing the nature and the scope of the Project.

Thank you for your interest in the Project. The City wishes you the best in all your future endeavors.

Truly,
I&YL I
William Becerra
Associate Engineer II - CIP
cc: Patrick A. Thomas — Director of Public Works / City Engineer Ron Moreno, Assistant Director of Public Works
Amer Attar, Engineering Manager
Avlin R. Odviar — Principal Civil Engineer — CIP
B. Tilden Kim, City Attorney
Beador Construction

"ex P*
April 8, 2024
Will Becerra Jr.

Associate Engineer II
City of Temecula
41000 Main Street
Temecula, CA 92590
SUBJECT: CONSTRUCTION SCOPE CONFIRMATION — SANTA GERTRUDIS CREEK TRAIL PHASE II — MARGARITA ROAD UNDERCROSSING (REBID) — PROJECT NO. PW19- 04 Dear Mr. Becerra:

EXP U.S. Services Inc. (EXP) is writing to confirm that the construction scope of work for the Santa Gertrudis Creek Trail Phase II — Margarita Road Undercrossing remained the same between the original bids opened on November 16, 2023 and the rebids opened on March 21, 2024.

The scope and quantities of the following major improvement items remained unchanged:

IMPROVEMENT

ORIGINAL BID

QUANTITY

REBID QUANTITY
New Trail
608 LF
608 LF
Articulating Concrete Block
4,965 SF
4,965 SF
Slope Paving
1,700 SF
1,700 SF
Retaining Wall
588 LF
588 LF
Tie -Back Wall
133 LF
133 LF
20" Welded Steel CML&C Pie
97 LF
97 LF
In addition, new approvals from third party agencies including Rancho California Water District and Riverside County Flood Control and Water Conservation District were not required for the rebid, and the approved Environmental Document dated March 2022 and associated regulatory permits did not require any updates and/or revisions.

Should you require any further information, please do not hesitate to contact me directly at 909.239.6249.

Sincerely,
EXP U.S. SERVIC NC.
abrie Rod i uez, 6 I
Project Manager

Item No. 11

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: May 14, 2024
SUBJECT: Award Construction Contract to Act 1 Construction, Inc., for the Pickleball Court Project, PW21-03
PREPARED BY: Avlin Odviar, Principal Civil Engineer
Samantha Preciado, Assistant Engineer II
RECOMMENDATION: That the City Council:

1. Approve the appropriation of $261,000 of DIF -Quimby funds to the Pickleball Court Project, PW21-03; and

2. Award a construction contract to Act 1 Construction, Inc., in the amount of $2,408,434.95 for the Pickleball Court Project, PW21-03; and

3. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $240,843.50; and

4. Make a finding that the Pickleball Court Project, PW21-03 is exempt from Multiple Species Habitat Conservation Plan fees.

BACKGROUND: On February 27, 2024, the City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for the Pickleball Court Project, PW21-03.

The Pickleball Courts Project is a parks/recreation project that will include the construction of a 17-court pickleball facility to replace the existing turf soccer field, also known as "The Pit", at Ronald Reagan Sports Park.

Base Bid - Includes seventeen (17) dedicated concrete pickleball courts (16 standard and 1 championship/ADA) with colored court surfacing, surrounded by a 10-ft-high chain link fence with windscreen. The facility also includes 3.5-ft-high interior chain link fencing to separate courts and contain ball play, outdoor amenities such as a prefabricated shade structure, spectator area, outdoor furniture, and a designated area for portable restrooms with a hand -washing station. Four existing Musco lights will be protected in place and re- focused to light the new facility. The facility will be ADA accessible and comply with

current ADA standards. The parking lots will consist of gravel surfacing with solar - powered security lights.

Additive Alternative No. 1 - Modifies the Base Bid by replacing the westerly parking lot surfacing with asphalt concrete and installing additional solar -powered security lights.

Additive Alternative No. 2 - Modifies the Base Bid by replacing the easterly parking lot surfacing with asphalt concrete and installing additional solar -powered security lights.

The construction contract was publicly advertised March 25, 2024, through April 23, 2024. Eight (8) bids were received and publicly opened on Tuesday, April 23, 2024. The results were as follows:

Rank Bidder
Base Bid Amount

1. Act 1 Construction
$1,937,230.95

2. Bogh Engineering
$1,939,330.54

3. CS Legacy Construction, Inc.
$2,097,997.03

4. Wheeler Paving Inc.
$2,113,623.00

5. Urban Habitat
$2,125,946.25

6. Los Angeles Engineering Inc.
$2,459,000.00

7. Tovey/Shultz Construction, Inc.
$2,783,030.25
Hellas Construction
Non -Responsive
Hellas Construction, Inc. has been deemed non -responsive as they did not meet the 50% minimum requirement for work needed to be performed by the prime contractor.

Staff has reviewed the bid proposals and found Act 1 Construction, Inc., of Norco, California to be the lowest responsible bidder. Act 1 Construction, Inc., has public contracting experience and has successfully completed similar projects for the City and other public entities.

The recommended Contract amount of $2,408,434.96 includes the Base Bid ($1,937,230.95), Additive Alternate No. 1 ($228,343.00), and Additive Alternate No. 2 ($242,861.00).

The Engineer's Estimate of construction cost was $1,980,000.00 for the Base Bid, $226,000.00 for Additive Alternate #1, and $244,000.00 for Additive Alternate #2, for a total of $2,450,000.00.

The construction duration is estimated to be 85 working days (approximately 4 months).

The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Intergraded Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western

Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) MSHCP Mitigation Fee Implementation Manual adopted by Resolution 2020-013 on December 7, 2020. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP.

Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 days of construction contract award. Fees outside the public right-of-way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvement projects are 5% of construction costs. In this case, the Project is a rehabilitation to an existing development project that does not result in additional usable area and as such, it is exempt from MSHCP fees.

FISCAL IMPACT: The Pickleball Court Project, PW21-03 is included in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2024-28. The source of funds are Measure S and Developer Impact Fees (DIF). With approval of the appropriation of $261,000.00 in DIF — Quimby funds, there will be sufficient funds to cover the contract amount of $2,408,434.95 plus 10% contingency of $240,843.50, for a total amount of $2,649,278.45. There are sufficient funds in Quimby — Park Improvement Program project for the transfer.

ATTACHMENTS: 1. Contract

2. Project Description

3. Project Location

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACT
for

PICKLEBALL COURTS
PROJECT NO. PW21-03
THIS CONTRACT, made and entered into the 14" day of May, 2024, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and Act 1 Construction, Inc., hereinafter referred to as "Contractor."
WITNESSETH:

That City and Contractor, for the consideration hereinafter named, mutually agree as follows:

CONTRACT DOCUMENTS
The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PICKLEBALL COURTS, PROJECT NO. PW21-03, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PICKLEBALL COURTS PROJECT NO. PW21-03. Copies of these Standard Specifications are available from the publisher:

In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions.

Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.

CONTRACT C-1

2. SCOPE OF WORK
Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PICKLEBALL COURTS, PROJECT NO. PW21-03
All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City.

4. CONTRACT AMOUNT AND SCHEDULE
The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO MILLION FOUR HUNDRED EIGHT THOUSAND

FOUR HUNRED THIRTY-FOUR DOLLARS AND NINETY-FIVE CENTS
($2,408,434.95), the total amount of the base bid.

Contractor agrees to complete the work in a period not to exceed Eighty -Five (85) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City.

6. PAYMENTS
a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work' completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year CONTRACT C-2

Warranty and an Affidavit of Final Release with the City on forms provided by the City.

C. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference.

LIQUIDATED DAMAGES / EXTENSION OF TIME
a. Liquidated Damaqes: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor.
b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City.

B. WAIVER OF CLAIMS
On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment.

9. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.clov . Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion CONTRACT C-3

thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

10. TIME OF THE ESSENCE
Time is of the essence in this contract.

12. GRATUITIES
Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto.

15. NOTICE TO CITY OF LABOR DISPUTES

CONTRACT CA

Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.

21. ADA REQUIREMENTS
By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.

CONTRACT C5

22. 23.

Mailing and Delivery Address: Patrick A. Thomas, PE
Director of Public Works / City Engineer
City of Temecula
41000 Main Street
Temecula, CA 92590
INSURANCE.

Minimum Scope of Insurance: Coverage shall be at least as broad as:

Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88.

Minimum Limits of Insurance: The Contractor shall maintain limits no less than:

2. Automobile Liability: One Million Dollars $1,000,000 per accident for bodily injury and property damage.

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

Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall not exceed Twenty -Five Thousand Dollars $25,000.

Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

CONTRACT CE

4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

CONTRACT C-7

26. COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents, and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work.
27, CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute' and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.

All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a

CONTRACT CA

claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act.

CONTRACT C-9

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.
/l ✓ �l
DATED: ' /14
DATED:

ATTEST:

Randi Johl, City Clerk
CONTRACTOR:

Act 1 Construction, Inc.
444 Sixth St.

Norco, CA 92860
951-735-1184
[email protected] I
By: ; —
Don Trenholm
Print or type NAME
President
Print or type TITLE*

1. t�
By:

Tiffanv Trenho1mc-
Print or type NAME
Vice President/Secretary
Print or type TITLE*
(*Signatures of two corporate officers required for Corporations) APPROVED AS TO FORM:

CITY OF TEMECULA
m
James Stewart, Mayor
Peter M. Thorson, City Attorney
CONTRACT C-10

Ak
The Heart of Southern California
Wine Country

PICKLEBALL COURTS
Parks/Recreation Project
Project Description: Design and construct new dedicated pickleball courts at Ronald Reagan Sports Park.

Benefit: This project will provide City residents with an additional popular amenity for enhanced recreational opportunities.

Core Value: Healthy and Livable City
Project Status: Project development, design, and environmental through Fiscal Year2023-24. Construction in Fiscal Year2024-25.

Department: Public Works - Account No. 210.265.999.5800.PW21-03 / 787 Level: I
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
Project Cost:

Prior Years
Actuals
2023-24
2022-23 Adopted 2024-25 2025-26 2026-27 2027-28
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
5801-Administration
31,479
78,521 248,418
358,418
5804-Construction
1,800,000 602,460
2,402,460
5805-Construction Engineering
50,000
50,000
5802-Design & Environmental
67,268
222,732
290,000
5809-Information Technology
200,000
200,000
Total Expenditures
1 98,7471
2,101,253 1,100,878
3,300,878
Source of Funds:
4244-DIF-Park & Rec Improvements
4002-Measure S
1,450,000
750,000 1,100,878
1,450,000
1,850,878
Total Funding
-
2,200,000 1,100,878
3,300,878
Future Operating & Maintenance Costs:

Total Operating Costs
174

Item No. 12

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: May 14, 2024
SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Sidewalks - Pauba Road Project, PW19-20
PREPARED BY: Nino Abad, Senior Civil Engineer
Chris White, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Sidewalks - Pauba Road Project, PW19-20; and

2. Make a finding that this project is exempt from California Environmental Quality Act (CEQA) per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.

BACKGROUND: The Sidewalks - Pauba Road Project, PW19-20 will include the widening of Pauba Road and construction of sidewalks on the south side of the roadway between Elinda Road and Showalter Road. The project also includes ADA-compliant access ramps, cross gutter, spandrel, relocation of storm drain and streetlights, installation of new Southern California Edison (SCE) pedestal, landscaping and irrigation modification, and utility relocation and/or adjustments.

The plans and specifications are complete, and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office.

The Engineer's Construction Cost Estimate is $369,795 and construction duration is estimated to be 60 working days (approximately 3 months).

This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repairs and maintenance of existing highways and streets are Class 1 activities which are exempt from CEQA.

FISCAL IMPACT: The Sidewalks — Pauba Road is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2024-2028 and is funded with Measure S and SB 821. Adequate funds are available in the project accounts to construct this project.

ATTACHMENTS: 1. Project Description

2. Project Location

c7"
The Heart of Southern California
Wine Country

SIDEWALKS - PAUBA ROAD
Infrastructure Project
Project Description: This project will include the construction of sidewalks along Pauba Road from Elinda Road to Showalter Road.

Benefit: This project will provide walking surfaces for pedestrians.

Core Value: Transportation Mobility and Connectivity
Project Status: This section Pauba Road was identified in the City's Sidewalk Gap Study. Construction is anticipated to commence in Fiscal Year 2023-2024.

Department: Public Works - Account No. 210.265.999.PW19-20 Level: I
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
2023-24
Prior Years
2022-23 Amended 2024-25 2025-26 2026-27 2027-28
Total Project
Project Cost:

Actuals
Adjusted Budget Projected Projected Projected Projected Cost
Administration
75,000
75,000
Construction
752,124
752,124
Construction Engineering
60,000
60,000
Design & Environmental
70,000
70,000
Total Expenditures
957,124
957,124
SB 821 Funds
Measure S I I 594,524 I 594,524
Future Operating & Maintenance Costs:

Total Operating Costs

Item No. 13

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: May 14, 2024
SUBJECT: Adopt List of Projects to be Funded by Senate Bill One (SB 1) for Fiscal Year 2024-25
PREPARED BY: Amer Attar, Engineering Manager
Emalee Sena, Engineering Technician II
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ADOPTING A LIST OF PROJECTS FOR FISCAL
YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
BACKGROUND: Senate Bill One (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the legislature and signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide. The City of Temecula has been receiving SB-1 revenue from the newly created Road Maintenance and Rehabilitation Account (RMRA) since Fiscal Year 2017-18. The City is set to receive $2,629,273 for Fiscal Year 2023-24 and $2,810,553 for Fiscal Year 2024-25 based on the latest estimate. The City intends to use SB 1 revenues to supplement the City's pavement rehabilitation program.

On March 24, 2021, the California Transportation Commission (CTC) adopted the Local Streets and Roads Funding Program 2021 Reporting Guidelines. Section IV, Project List Submittal, Subsection 9, Content and Format of Project List, of the guidelines states:
"Prior to receiving an apportionment of RMRA funds from the Controller in a f scal year (funds collected from July I to June 30 and apportioned September I to August 31), a city or county must submit to the Commission a list of projects proposed to be funded with these funds pursuant to an adopted resolution by the city council or county board ofsupervisors at a regular public meeting. Each year, a city or county must adopt and submit to the Commission a project list resolution for the upcoming fiscal year's funds to comply with the eligibility requirements for that fiscal year's apportionment. "
For Fiscal Year 2018-19 and subsequent years, in order for an agency to receive SB 1 funds, a list

of proposed projects must be submitted to the CTC by May 1, 2018, and every year thereafter pursuant to an annually adopted resolution. In 2021, the CTC extended the deadlines for the submittal of the list of projects to July 1 st. The City does have the ability to change projects from the ones on the list submitted to the CTC. Having this flexibility would enable the City to designate projects that are ready for construction to receive SB 1 RMRA funds.

The City completed the update to the Pavement Management Program (PMP) in 2018. Utilizing the PMP, staff have developed a list of projects that will rehabilitate a number of streets in the next few years. This list will be included in the upcoming Capital Improvement Program (CIP) Budget for Fiscal Years 2025-29.

An assessment of City streets to update the Pavement Management Program is underway. The results of the new assessment will be used to schedule future road rehabilitations. Updated priority rehabilitation list will be included in future CIP Budgets. As projects are ready for construction, staff will designate sufficient number of projects to exhaust the SB 1 RMRA funds the City is set to receive annually.

FISCAL IMPACT: According to the Local Streets and Roads Funding Program 2021 Reporting Guidelines adopted by the CTC on March 24, 2021, in order to receive SB 1 funds, the City must submit a list of projects for Fiscal Year 2024-25 to the CTC by July 1, 2024. By submitting the list of projects to the CTC by the specified deadline, the City is set to receive approximately $2,810,553 for Fiscal Year 2024-25 from the Road Maintenance and Rehabilitation Account (RMRA) funded by SB 1.

ATTACHMENTS: Resolution

RESOLUTION NO.2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017

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

Section 1. Recitals. The City Council hereby finds, determines and declares that:

A. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide; and B. SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Temecula are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and C. The City of Temecula must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and D. The City of Temecula will receive an estimated $2,810,553 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
E. This is the eighth year in which the City of Temecula is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, that would not have otherwise been possible without SB 1; and
F. The City of Temecula used a Pavement Management Program (PMP) to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost-effective projects that also meet the community's priorities for transportation investment; and G. The funding from SB 1 will help the City of Temecula maintain and rehabilitate two major -streets/roads in the City this year and a number of similar projects into the future; and H. The 2021 California Statewide Local Streets and Roads Needs Assessment found that the City of Temecula streets and roads are in an "good" condition and this revenue will help the City increase the overall quality of our road system and bring "at risk" streets/roads into "good" condition over the next decade; and
I. The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets

infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co -benefits statewide.

Section 2. Adoption of the SB 1 Project List for Fiscal Year 2024-25 A. The foregoing recitals are true and correct.

B. The following list of newly proposed projects will be funded in -part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:

1. Project Title: Pavement Rehabilitation Program — Citywide Project Description: The roadway rehabilitation shall generally consist of 2 to 4 inches of cold milling and placement of 2 to 4 inches of asphalt concrete.

The project also includes the removal and replacement of existing roadway striping, pavement markings, and traffic signal loops, the removal and reconstruction of existing pedestrian ramps in order to comply with current ADA standards, and adjustment of existing utilities to grade.

Project Location: Roadway rehabilitation of the full width of Pechanga Parkway between Temecula Parkway to 400 feet south of Via Gilberto.

Estimated Project Schedule: Start (07/2024) — Completion (10/2024) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-20 years

2. Project Title: Pavement Rehabilitation Program — Citywide Project Description: The roadway rehabilitation shall generally consist of 2 to 4 inches of cold milling and placement of 2 to 4 inches of asphalt concrete.

Project Location: Roadway rehabilitation of the full width of Butterfield Stage Road between Temecula Parkway to the southern City Limit.

Estimated Project Schedule: Start (07/2024) — Completion (10/2024) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-20 years
Section 3. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of May 2024.

James Stewart, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of May, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Item No. 14

ACTION MINUTES

TEMECULA COMMUNITY SERVICES DISTRICT MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
APRIL 23, 2024
CALL TO ORDER at 7:16 PM: President Zak Schwank
ROLL CALL: Alexander, Kalfus, Schwank, Stewart

CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the Board of Directors:
• Mark Swearngin

CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Approved the Staff Recommendation (4-0): Motion by Stewart, Second by Kalfus. The vote reflected unanimous approval.

12. Approve Action Minutes of April 9, 2024
Recommendation: That the Board of Directors approve the action minutes of April 9, 2024.

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTORS REPORTS

CSD ADJOURNMENT
At 7:22 PM, the Community Services District meeting was formally adjourned to Tuesday, May 14, 2024 at 5:00 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

Zak Schwank, President
ATTEST:

Randi Johl, Secretary
[SEAL]

Item No. 15

TEMECULA COMMUNITY SERVICES DISTRICT

AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Jennifer Hennessy, Director of Finance
DATE: May 14, 2024
SUBJECT: Approve Financial Statements for the 3rd Quarter Ended March 31, 2024 PREPARED BY: Jennifer Hennessy, Director of Finance
RECOMMENDATION: That the Board of Directors receive and file the financial statements for the 3rd quarter ended March 31, 2024.

BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Temecula Community Services District for the 3rd Quarter Ended March 31, 2024.

FISCAL IMPACT: None
ATTACHMENTS: TCSD Fund Summaries (Financial Statements)

Alk
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City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 190 - TEMECULA COMMUNITY SERVICES DISTRICT FUND
% Change
2023-24
Year to Date
2023-24 Q3
from
2022-23
Current
Actuals
Revised
Requested
Current
Description
Actuals
Budget
3-31-2024
Budget
Adjustments
Budget
Revenues by Source
Taxes and Franchises
Special Tax (Measure C)
1,928,969
1,916,505
1,034,059
1,916,505
0 0.0
Licenses, Permits and Service Charges
Contract Classes
961,966
1,200,000
860,279
1,200,000
0 0.0
Classes/Activities
64,186
67,640
52,540
67,640
0 0.0 %
Facility Rentals
480,329
373,650
338,662
373,650
0 0.0 %
Aquatics
201,975
222,966
128,833
222,966
0 0.0
Museum Admissions
96,876
94,335
78,833
94,335
0 0.0 %
Theater Admissions
314,583
295,000
229,802
295,000
0 0.0
Sports Leagues & Tournaments
226,819
239,243
210,213
239,243
0 0.0
Day Camps
127,288
116,721
12,379
116,721
0 0.0
Use of Money and Property
Investment Interest
36,449
3,947
9,960
3,947
0 0.0 %
Other
0 0
3,117
0 0

0.0 Reimbursements
Other Reimbursements
123,042
93,077
18,077
93,077
0 0.0
Operating Transfers In
Operating Transfers In
500,000
0 0
0 0

0.0 Contribution From Measure S
10,295,571
13,254,402
7,152,116
13,254,402
0 0.0 %
Miscellaneous
Miscellaneous
105,371
74,851
58,810
74,851
0 0.0 %
Total Revenues and Other Sources
15,463,424
17,952,337
10,187,679
17,952,337
0 0.0 %
Expenditures by Category
Salaries & Benefits
9,574,969
11,074,092
7,575,211
11,074,092
0 0.0
Operations & Maintenance
4,272,065
5,221,241
3,964,340
5,221,241
0 0.0
Internal Service Fund Allocations
2,272,868
2,398,367
1,875,301
2,398,367
0 0.0 %
Transfers
0 37,706
0 37,706
0 0.0
Capital Outlay
0 37,926
0 37,926
0 0.0
Total Expenditures and Other Financing
Uses
16,119,901
18,769,332
13,414,851
18,769,332
0 0.0 %
Excess of Revenues Over (Under) Expenditures
(656,477)
(816,995)
(3,227,173)
(816,995)
0 0.0 %
Fund Balance, Beginning of Year
1,573,476
916,999
916,999
Fund Balance, End of Year
916,999
100,004
100,004
Fund Description
Citywide Operations reflects the collection of the
Special Tax (Measure C) charged to households for recreation programs as well as fees for classes and activities. Accounts for facility operations, maintenance, and community
recreation
programs. Measure C was
approved by residents in 1997 at a rate of $74.44
per parcel for
the purpose of maintaining the City's parks, recreation facilities, arterial street lighting and traffic signals. The Special Tax revenue is allocated equally between TCSD and the General Fund to fund both recreation programs and parks maintenance.

Alk
The Heart of Southern California
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City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 191 - TCSD SERVICE LEVEL "B" STREETLIGHT REPLACEMENT FUND Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Use of Money and Property
Investment Interest
16,786
8,155
23,108
8,155
0 0.0 %
Operating Transfers In
Operating Transfers In
200,000
200,000
0 200,000
0 0.0
Total Revenues and Other Sources
216,786
208,155
23,108
208,155
0 0.0
Excess of Revenues Over (Under) Expenditures
216,786
208,155
23,108
208,155
0 0.0
Fund Balance, Beginning of Year
852,843
1,069,628
1,069,628
Fund Balance, End of Year
1,069,628
1,277,783
1,277,783
Fund Description
This fund was established to accumulate resources for the replacement of street light equipment, poles and lightbulbs, as the City has acquired street lights from Southern California Edison, and to install new street lights as needed throughout the City. Each year, $200,000 is transferred to this fund from the TCSD Service Level "B" Street Lights Fund (Fund 192).

Alk
The Heart of Southern California
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City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 192 - TCSD SERVICE LEVEL "B"

STREET LIGHTS FUND
% Change
2023-24 Year to Date 2023-24 Q3
from
2022-23 Current
Actuals Revised Requested
Current
Description
Actuals Budget
3-31-2024 Budget Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
639,690 654,763
350,152 654,763 0

0.0 Use of Money and Property
Investment Interest
6,657 3,018
7,168 3,018 0

0.0 %
Total Revenues and Other Sources
646,347 657,781
357,320 657,781 0

0.0 %
Expenditures by Category
Transfers
200,000 200,000
0 200,000 0

0.0 Operations & Maintenance
312,080 472,000
232,169 472,000 0

0.0 %
Total Expenditures and Other Financing
Uses
512,080 672,000
232,169 672,000 0

0.0 %
Excess of Revenues Over (Under) Expenditures
134,267 (14,219)
125,152 (14,219) 0

0.0 Fund Balance, Beginning of Year
257,367 391,634
391,634
Fund Balance, End of Year
391,634 377,415
377,415
Fund Description
Service Level B reflects the collection of benefit assessments charged to property owners. Service Level B includes only
those
parcels within residential subdivisions that receive residential street lighting services. This service level includes operational, administrative, maintenance and utility costs of residential street lights. Each year, $200,000 is transferred from this fund to the
TCSD Service Level "B" Streetlight Replacement Fund (Fund 191) to accommodate these costs.

Alk
The Heart of Southern California
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City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 194 - TCSD SERVICE LEVEL "D" REFUSE/RECYCLING FUND % Change
2023-24
Year to Date
2023-24 Q3
from
2022-23
Current
Actuals
Revised
Requested
Current
Description
Actuals
Budget
3-31-2024
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
9,532,420
10,442,107
5,592,349
10,442,107
0 0.0
Recycling Program
28,008
5,000
5,000
5,000
0 0.0
Use of Money and Property
Investment Interest
22,609
7,207
13,855
7,207
0 0.0 %
Intergovernmental Revenues
Grants
159,957
0 0
0 0

0.0 Total Revenues and Other Sources
9,742,995
10,454,314
5,611,204
10,454,314
0 0.0 %
Expenditures by Category
Salaries & Benefits
78,663
79,985
57,874
79,985
0 0.0 %
Operations & Maintenance
9,363,712
10,559,761
5,239,395
10,559,761
0 0.0 %
Total Expenditures and Other Financing
Uses
9,442,375
10,639,746
5,297,269
10,639,746
0 0.0 %
Excess of Revenues Over (Under) Expenditures
300,620
(185,432)
313,935
(185,432)
0 0.0 %
Fund Balance, Beginning of Year
279,743
580,363
580,363
Fund Balance, End of Year
580,363
394,931
394,931
Fund Description
Service Level D Fund is used to collect benefit assessments charged to property owners for the purpose of providing refuse collection, recycling, and street sweeping throughout
the City,
which is provided
by CR&R.

In addition, Service
Level D has received
grants to increase recycling efforts Citywide.

Alk
The Heart of Southern California
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City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 195 - TCSD SERVICE LEVEL "R" STREET/ROAD MAINT FUND % Change
2023-24 Year to Date
2023-24 Q3
from
2022-23 Current Actuals
Revised Requested
Current
Description
Actuals Budget 3-31-2024
Budget Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
5,302 5,532 3,256
5,532 0

0.0 Use of Money and Property
Investment Interest
579 253 715
253 0

0.0 %
Total Revenues and Other Sources
5,881 5,785 3,971
5,785 0

0.0 %
Expenditures by Category
Operations & Maintenance
107 10,200 107
10,200 0

0.0 Total Expenditures and Other Financing
Uses
107 10,200 107
10,200 0

0.0 %
Excess of Revenues Over (Under) Expenditures
5,774 (4,415) 3,863
(4,415) 0

0.0 %
Fund Balance, Beginning of Year
27,281 33,055
33,055
Fund Balance, End of Year
33,055 28,640
28,640
Fund Description
Service Level R Fund reflects the operational, administrative, construction and maintenance costs for certain unpaved roads that
become inaccessible after inclement weather. Zone
R-1 provides service in the Nicolas/Liefer Road area. The maximum rate that can be charged for Zone R-1 for an improved parcel is $115.26 and for an unimproved parcel is $57.62.

Alk
The Heart of Southern California
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City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 196 - TCSD SERVICE LEVEL "L" LAKE PARK MAINT. FUND % Change
2023-24
Year to Date
2023-24 Q3
from
2022-23
Current
Actuals
Revised
Requested
Current
Description
Actuals
Budget
3-31-2024
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
251,292
254,208
132,911
254,208
0 0.0
Harveston Lake Boat Revenue
5,035
4,284
2,325
4,284
0 0.0
Use of Money and Property
Investment Interest
7,436
2,839
7,092
2,839
0 0.0 %
Other
0 176
176
176
0 0.0 %
Miscellaneous
Miscellaneous
27,930
4,635
3,743
4,635
0 0.0 %
Total Revenues and Other Sources
291,693
266,142
146,247
266,142
0 0.0 %
Expenditures by Category
Salaries & Benefits
12,863
13,805
9,618
13,805
0 0.0 %
Operations & Maintenance
295,365
275,200
232,788
275,200
0 0.0 %
Total Expenditures and Other Financing
Uses
308,228
289,005
242,406
289,005
0 0.0 %
Excess of Revenues Over (Under) Expenditures
(16,535)
(22,863)
(96,159)
(22,863)
0 0.0
Fund Balance, Beginning of Year
377,291
360,756
360,756
Fund Balance, End of Year
360,756
337,893
337,893
Fund Description
Service Level L Fund reflects the benefit assessments
charged to property owners for the purpose of maintaining the Harveston
Lake Park. Expenditures include operational, administrative and maintenance costs.

Alk
The Heart of Southern California
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City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 197 - TEMECULA LIBRARY FUND
% Change
2023-24
Year to Date
2023-24 Q3
from
2022-23
Current
Actuals
Revised
Requested
Current
Description
Actuals
Budget
3-31-2024
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Printing & Copies
9,967
8,919
7,338
8,919
0 0.0
Fines and Forfeitures
Fines & Forfeitures
32,636
25,446
24,281
25,446
0 0.0
Use of Money and Property
Investment Interest
10,167
4,055
9,307
4,055
0 0.0 %
Lease/Rental Income
18,192
14,620
12,308
14,620
0 0.0 %
Reimbursements
Other Reimbursements
70 0
0 0
0 0.0 %
Operating Transfers In
Contribution From Measure S
975,563
818,085
445,682
818,085
0 0.0 %
Total Revenues and Other Sources
1,046,594
871,125
498,915
871,125
0 0.0 %
Expenditures by Category
Salaries & Benefits
209,877
225,739
161,731
225,739
0 0.0 %
Operations & Maintenance
498,265
621,366
381,021
621,366
0 0.0 %
Internal Service Fund Allocations
329,860
427,521
289,786
427,521
0 0.0 %
Capital Outlay
30,829
0 0
0 0

0.0 %
Total Expenditures and Other Financing
Uses
1,068,832
1,274,626
832,538
1,274,626
0 0.0 %
Excess of Revenues Over (Under) Expenditures
(22,238)
(403,501)
(333,623)
(403,501)
0 0.0 %
Fund Balance, Beginning of Year
525,740
503,501
503,501
Fund Balance, End of Year
503,501
100,000
100,000
Fund Description
The Library Fund is used to account for the maintenance and operations
of the Ronald H. Roberts Temecula Public Library on Pauba Road.

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 501 - SERVICE LEVEL"C"ZONE 1 SADDLEWOOD FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments 37,526 37,932 19,569 37,932 0 0.0
Use of Money and Property
Investment Interest 188 118 228 118 0 0.0 %
Total Revenues and Other Sources 37,714 38,050 19,797 38,050 0 0.0 % Expenditures by Category
Operations & Maintenance 32,531 37,591 31,427 37,591 0 0.0 Total Expenditures and Other Financing
Uses 32,531 37,591 31,427 37,591 0 0.0 %
Excess of Revenues Over (Under) Expenditures 5,183 459 (11,630) 459 0 0.0 % Fund Balance, Beginning of Year 13,018 18,201 18,201
Fund Balance, End of Year 18,201 18,660 18,660
Fund Description
Service Level C Fund reflects the collection of benefit assessments charged to property owners for the purpose of providing perimeter landscaping and slope maintenance throughout the City. Service Level C assesses only those parcels within residential subdivisions receiving TCSD perimeter landscaping and slope maintenance and are separated into 32 zones. The rate levels for Zones 6 and 29, are subject to a Consumer Price Index -Urban Consumers (CPI-U) annual inflator while all other rate levels will not increase. Zones 30-32 will not be assessed, as the property owners have elected to have the landscaping maintained by the respective Homeowner's Associations (HOAs).

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 502 - SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK FUND % Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
42,545
2,319
42,542
911
22,274
2,471
42,542
911
0 0

0.0 0.0
44,863
43,4S3
24,746
43,4S3
0 0.0 %
40,110
44,881
33,127
44,881
0 0.0
40,110
44,881
33,127
44,881
0 0.0 %
4,753
(1,428)
(8,381)
(1,428)
0 0.0 %
116,764
121,517
121,517
121,517
120,090
120,090

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 503 - SERVICE LEVEL" C"ZONE 3 RANCHO HIGHLANDS FUND % Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
47,414
1,070
47,328
490
25,471
1,265
47,328
490
0 0

0.0 0.0
48,484
47,818
26,737
47,818
0 0.0 %
40,284
45,738
36,672
45,738
0 0.0
40,284
45,738
36,672
45,738
0 0.0 %
8,200
2,080
(9,936)
2,080
0 0.0 %
58,079
66,278
66,278
66,278
68,359
68,359

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 504 - SERVICE LEVEL"C"ZONE 4 THE VINEYARDS FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
6,348
105
6,394
52 3,409
127
6,394
52 0
0 0.0

0.0 6,453
6,446
3,537
6,446
0 0.0 %
5,181
6,568
5,186
6,568
0 0.0
5,181
6,568
5,186
6,568
0 0.0 %
1,272
(122)
(1,649)
(122)
0 0.0 %
5,812
7,084
7,084
7,084
6,962
6,962

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 505 - SERVICE LEVEL"C"ZONE 5 SIGNET SERIES FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
39,025
39,025
21,088
39,025
0 0.0
Use of Money and Property
Investment Interest
396
226
520
226
0 0.0 %
Total Revenues and Other Sources
39,421
39,251
21,608
39,251
0 0.0 %
Expenditures by Category
Operations & Maintenance
29,065
38,908
31,482
38,908
0 0.0
Total Expenditures and Other Financing
Uses
29,065
38,908
31,482
38,908
0 0.0 %
Excess of Revenues Over (Under) Expenditures
10,356
343
(9,874)
343
0 0.0 %
Fund Balance, Beginning of Year
21,922
32,278
32,278
Fund Balance, End of Year
32,278
32,621
32,621
Fund Description

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 506 - SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY FUND % Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
28,625
30,054
16,011
30,054
0 0.0
Use of Money and Property
Investment Interest
826
363
895
363
0 0.0 %
Total Revenues and Other Sources
29,451
30,417
16,907
30,417
0 0.0 %
Expenditures by Category
Operations & Maintenance
15,015
34,923
32,771
34,923
0 0.0
Total Expenditures and Other Financing
Uses
15,015
34,923
32,771
34,923
0 0.0 %
Excess of Revenues Over (Under) Expenditures
14,435
(4,506)
(15,865)
(4,506)
0 0.0 %
Fund Balance, Beginning of Year
39,787
54,222
54,222
Fund Balance, End of Year
54,222
49,716
49,716
Fund Description

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 507 - SERVICE LEVEL"C"ZONE 7 RIDGEVIEW FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
15,308
141
15,308
90 8,322
214
15,308
90 0
0 0.0

0.0 15,449
15,398
8,535
15,398
0 0.0 %
10,786
15,040
9,237
15,040
0 0.0
10,786
15,040
9,237
15,040
0 0.0 %
4,663
358
(702)
358
0 0.0 %
7,478
12,141
12,141
12,141
12,499
12,499

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 508 - SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
136,500
137,025
73,404
137,025
0 0.0
Use of Money and Property
Investment Interest
1,989
891
2,127
891
0 0.0 %
Total Revenues and Other Sources
138,489
137,916
75,531
137,916
0 0.0 %
Expenditures by Category
Operations & Maintenance
129,826
140,922
124,335
140,922
0 0.0
Total Expenditures and Other Financing
Uses
129,826
140,922
124,335
140,922
0 0.0 %
Excess of Revenues Over (Under) Expenditures
8,663
(3,006)
(48,804)
(3,006)
0 0.0 %
Fund Balance, Beginning of Year
117,729
126,392
126,392
Fund Balance, End of Year
126,392
123,386
123,386
Fund Description

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 509 - SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
5,057
5,106
2,859
5,106
0 0.0
Use of Money and Property
Investment Interest
588
225
609
225
0 0.0 %
Total Revenues and Other Sources
5,645
5,331
3,468
5,331
0 0.0 %
Expenditures by Category
Operations & Maintenance
6,899
8,404
7,249
8,404
0 0.0
Total Expenditures and Other Financing
Uses
6,899
8,404
7,249
8,404
0 0.0 %
Excess of Revenues Over (Under) Expenditures
(1,254)
(3,073)
(3,781)
(3,073)
0 0.0 %
Fund Balance, Beginning of Year
32,146
30,892
30,892
Fund Balance, End of Year
30,892
27,819
27,819
Fund Description

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 510 - SERVICE LEVEL"C"ZONE 10 MARTINIQUE FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
9,744
9,744
5,220
9,744
0 0.0
Use of Money and Property
Investment Interest
281
122
314
122
0 0.0 %
Total Revenues and Other Sources
10,025
9,866
5,534
9,866
0 0.0 %
Expenditures by Category
Operations & Maintenance
8,446
9,615
7,703
9,615
0 0.0
Total Expenditures and Other Financing
Uses
8,446
9,615
7,703
9,615
0 0.0 %
Excess of Revenues Over (Under) Expenditures
1,579
251
(2,169)
251
0 0.0 %
Fund Balance, Beginning of Year
14,294
15,873
15,873
Fund Balance, End of Year
15,873
16,124
16,124
Fund Description

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 511 - SERVICE LEVEL"C"ZONE 11 MEADOWVIEW FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
2,450
63 2,450
31 1,400
77 2,450
31 0
0 0.0

0.0 2,513
2,481
1,477
2,481
0 0.0 %
2,015
2,422
1,556
2,422
0 0.0
2,015
2,422
1,556
2,422
0 0.0 %
498
59 (79)
59 0

0.0 %
3,488
3,986
3,986
3,986
4,045
4,045

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 512 - SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
96,036
1,435
96,396
655
52,055
1,552
96,396
655
0 0

0.0 0.0
97,471
97,051
53,607
97,051
0 0.0 %
94,468
101,509
85,778
101,509
0 0.0
94,468
101,509
85,778
101,509
0 0.0 %
3,004
(4,458)
(32,171)
(4,458)
0 0.0 %
86,202
89,206
89,206
89,206
84,748
84,748

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 513 - SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP FUND % Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
34,100
609
34,224
249
18,209
606
34,224
249
0 0

0.0 0.0
34,709
34,473
18,815
34,473
0 0.0 %
35,454
33,470
26,758
33,470
0 0.0
35,454
33,470
26,758
33,470
0 0.0 %
(744)
1,003
(7,943)
1,003
0 0.0 %
34,678
33,933
33,933
33,933
34,936
34,936

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 514 - SERVICE LEVEL"C"ZONE 14 MORRISON HOMES FUND % Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
14,368
208
14,774
98 8,029
231
14,774
98 0
0 0.0

0.0 14,577
14,872
8,260
14,872
0 0.0 %
13,495
16,304
9,330
16,304
0 0.0
13,495
16,304
9,330
16,304
0 0.0 %
1,081
(1,432)
(1,070)
(1,432)
0 0.0 %
12,182
13,263
13,263
13,263
11,831
11,831

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 515 - SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES FUND % Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
9,800
231
9,800
112
4,900
289
9,800
112
0 0

0.0 0.0
10,031
9,912
5,189
9,912
0 0.0 %
6,698
9,523
7,597
9,523
0 0.0
6,698
9,523
7,597
9,523
0 0.0 %
3,333
389
(2,408)
389
0 0.0 %
11,733
15,065
15,065
15,065
15,454
15,454

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 516 - SERVICE LEVEL"C"ZONE 16 TRADEWINDS FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
37,625
1,647
37,800
655
20,184
1,703
37,800
655
0 0

0.0 0.0
39,272
38,455
21,887
38,455
0 0.0 %
36,670
33,801
28,041
33,801
0 0.0
36,670
33,801
28,041
33,801
0 0.0 %
2,602
4,654
(6,154)
4,654
0 0.0 %
82,090
84,692
84,692
84,692
89,346
89,346

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 517 - SERVICE LEVEL"C"ZONE 17 MONTE VISTA FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
2,070
48 2,116
23 1,182
56 2,116
23 0
0 0.0

0.0 2,118
2,139
1,237
2,139
0 0.0 %
1,634
2,085
1,692
2,085
0 0.0
1,634
2,085
1,692
2,085
0 0.0 %
484
54 (455)
54 0

0.0 %
2,566
3,050
3,050
3,050
3,104
3,104

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 518 - SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
92,941
94,010
51,448
94,010
0 0.0
Use of Money and Property
Investment Interest
957
532
1,305
532
0 0.0 %
Total Revenues and Other Sources
93,898
94,542
52,753
94,542
0 0.0 %
Expenditures by Category
Operations & Maintenance
71,359
88,002
71,461
88,002
0 0.0
Total Expenditures and Other Financing
Uses
71,359
88,002
71,461
88,002
0 0.0 %
Excess of Revenues Over (Under) Expenditures
22,539
6,540
(18,708)
6,540
0 0.0 %
Fund Balance, Beginning of Year
52,256
74,795
74,795
Fund Balance, End of Year
74,795
81,335
81,335
Fund Description

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 519 - SERVICE LEVEL"C"ZONE 19 CHANTEMAR FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
54,485
54,450
29,506
54,450
0 0.0
Use of Money and Property
Investment Interest
1,576
615
1,586
615
0 0.0 %
Total Revenues and Other Sources
56,061
55,065
31,092
55,065
0 0.0 %
Expenditures by Category
Operations & Maintenance
60,021
53,429
44,469
53,429
0 0.0
Total Expenditures and Other Financing
Uses
60,021
53,429
44,469
53,429
0 0.0 %
Excess of Revenues Over (Under) Expenditures
(3,960)
1,636
(13,377)
1,636
0 0.0 %
Fund Balance, Beginning of Year
87,872
83,912
83,912
Fund Balance, End of Year
83,912
85,548
85,548
Fund Description

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 520 - SERVICE LEVEL"C"ZONE 20 CROWNE HILL FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
177,987
177,975
93,906
177,975
0 0.0
Use of Money and Property
Investment Interest
4,973
2,048
5,414
2,048
0 0.0 %
Total Revenues and Other Sources
182,960
180,023
99,321
180,023
0 0.0 %
Expenditures by Category
Operations & Maintenance
163,508
176,025
134,086
176,025
0 0.0
Total Expenditures and Other Financing
Uses
163,508
176,025
134,086
176,025
0 0.0 %
Excess of Revenues Over (Under) Expenditures
19,452
3,998
(34,765)
3,998
0 0.0 %
Fund Balance, Beginning of Year
255,750
275,202
275,202
Fund Balance, End of Year
275,202
279,200
279,200
Fund Description

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 521 - SERVICE LEVEL"C"ZONE 21 VAIL RANCH FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
227,139
228,201
123,148
228,201
0 0.0
Use of Money and Property
Investment Interest
3,099
1,440
3,524
1,440
0 0.0 %
Total Revenues and Other Sources
230,238
229,641
126,672
229,641
0 0.0 %
Expenditures by Category
Operations & Maintenance
214,011
229,409
196,200
229,409
0 0.0
Total Expenditures and Other Financing
Uses
214,011
229,409
196,200
229,409
0 0.0 %
Excess of Revenues Over (Under) Expenditures
16,227
232
(69,528)
232
0 0.0 %
Fund Balance, Beginning of Year
185,223
201,451
201,451
Fund Balance, End of Year
201,451
201,683
201,683
Fund Description

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 522 - SERVICE LEVEL"C"ZONE 22 SUTTON PLACE FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
4,408
213
4,408
93 2,320
249
4,408
93 0
0 0.0

0.0 4,621
4,501
2,569
4,501
0 0.0 %
3,558
4,419
2,996
4,419
0 0.0
3,558
4,419
2,996
4,419
0 0.0 %
1,063
82 (428)
82 0

0.0 %
11,241
12,304
12,304
12,304
12,386
12,386

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 523 - SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
8,470
8,400
4,363
8,400
0 0.0
Use of Money and Property
Investment Interest
544
223
615
223
0 0.0 %
Total Revenues and Other Sources
9,014
8,623
4,979
8,623
0 0.0 %
Expenditures by Category
Operations & Maintenance
6,864
8,423
6,995
8,423
0 0.0
Total Expenditures and Other Financing
Uses
6,864
8,423
6,995
8,423
0 0.0 %
Excess of Revenues Over (Under) Expenditures
2,150
200
(2,016)
200
0 0.0 %
Fund Balance, Beginning of Year
27,387
29,537
29,537
Fund Balance, End of Year
29,537
29,737
29,737
Fund Description

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 524 - SERVICE LEVEL"C"ZONE 24 HARVESTON FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
161,473
162,100
87,633
162,100
0 0.0
Use of Money and Property
Investment Interest
850
453
899
453
0 0.0 %
Total Revenues and Other Sources
162,324
162,553
88,531
162,553
0 0.0 %
Expenditures by Category
Operations & Maintenance
146,351
159,848
133,907
159,848
0 0.0
Total Expenditures and Other Financing
Uses
146,351
159,848
133,907
159,848
0 0.0 %
Excess of Revenues Over (Under) Expenditures
15,972
2,705
(45,376)
2,705
0 0.0 %
Fund Balance, Beginning of Year
50,836
66,809
66,809
Fund Balance, End of Year
66,809
69,514
69,514
Fund Description

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 525 - SERVICE LEVEL"C"ZONE 25 SERENA HILLS FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
43,700
1,361
44,000
590
24,013
1,571
44,000
590
0 0

0.0 0.0
45,061
44,590
25,584
44,590
0 0.0 %
36,506
43,989
27,006
43,989
0 0.0
36,506
43,989
27,006
43,989
0 0.0 %
8,555
601
(1,421)
601
0 0.0 %
70,912
79,467
79,467
79,467
80,068
80,068

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 526 - SERVICE LEVEL"C"ZONE 26 GALLERY TRADITION FUND % Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
2,160
38 2,160
20 1,215
48 2,160
20 0
0 0.0

0.0 2,198
2,180
1,263
2,180
0 0.0 %
1,638
2,147
1,522
2,147
0 0.0
1,638
2,147
1,522
2,147
0 0.0 %
560
33 (259)
33 0

0.0 %
2,001
2,561
2,561
2,561
2,594
2,594

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 527 - SERVICE LEVEL" C"ZONE 27 AVONDALE FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing
Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
8,995
180
9,100
82 4,800
200
9,100
82 0
0 0.0

0.0 9,175
9,182
4,999
9,182
0 0.0 %
7,624
9,120
6,039
9,120
0 0.0
7,624
9,120
6,039
9,120
0 0.0 %
1,551
62 (1,040)
62 0

0.0 %
9,632
11,183
11,183
11,183
11,245
11,245

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 528 - SERVICE LEVEL"C"ZONE 28 WOLF CREEK FUND
% Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
232,567
232,974
124,332
232,974
0 0.0
Use of Money and Property
Investment Interest
7,581
2,613
6,724
2,613
0 0.0 %
Total Revenues and Other Sources
240,148
235,587
131,056
235,587
0 0.0 %
Expenditures by Category
Transfers
19,954
451,700
0 451,700
0 0.0
Operations & Maintenance
201,755
231,021
189,378
231,021
0 0.0 %
Total Expenditures and Other Financing
Uses
221,709
682,721
189,378
682,721
0 0.0 %
Excess of Revenues Over (Under) Expenditures
18,440
(447,134)
(58,322)
(447,134)
0 0.0
Fund Balance, Beginning of Year
615,190
633,630
633,630
Fund Balance, End of Year
633,630
186,496
186,496
Fund Description

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 529 - SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT FUND % Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
4,239
4,685
2,367
4,685
0 0.0
Use of Money and Property
Investment Interest
160
72 195
72 0

0.0 %
Total Revenues and Other Sources
4,398
4,757
2,561
4,757
0 0.0 %
Expenditures by Category
Operations & Maintenance
3,078
3,937
2,002
3,937
0 0.0
Total Expenditures and Other Financing
Uses
3,078
3,937
2,002
3,937
0 0.0 %
Excess of Revenues Over (Under) Expenditures
1,321
820
560
820
0 0.0 %
Fund Balance, Beginning of Year
8,241
9,562
9,562
Fund Balance, End of Year
9,562
10,382
10,382
Fund Description

IL
f
Adk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 530 - SERVICE LEVEL"C"ZONE 30 FUTURE ZONES FUND
Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
0 277
784
277
0 0.0
0 277
784
277
0 0.0
0 277
784
277
0 0.0
36,062 36,062 36,062
36,062 36,339 36,339

Item No. 16

TEMECULA COMMUNITY SERVICES DISTRICT

AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Erica Russo, Director of Community Services
DATE: May 14, 2024
SUBJECT: Approve Multi -Year Agreements and Amendments for Services for Various Events, Classes, Programs and Activities
PREPARED BY: Dawn Adamiak, Community Services Superintendent RECOMMENDATION: That the Board of Directors approve the following multi -year agreements and amendments for services for various Community Services Department events, classes, programs, and activities:

Andrew Stein $175,000/5-year Event/program promotional items Jeffrey Waddleton $150,000/5-year Event/program DJ & announcing services M & J Paul Enterprises $150,000/5-year Event/program services T & G Global, LLC $500,000/5-year Holiday Decor install/removal/refurbishment TNT Entertainment Group $50,00011-year Entertainment/technical services BACKGROUND: The Community Services Department is committed to providing high quality events, classes, programs and activities for Temecula citizens and visitors.

Dependable professional vendors play an essential role in supporting the Department in providing second -to -none services. These vendors have proved to be reliable, dedicated and responsive in assisting staff throughout the year and over the past eight plus years.

FISCAL IMPACT: Adequate funds have been requested as part of the Fiscal Year 2024- 25 Annual Operating Budget for these agreement amounts. Funds for future fiscal years will be requested as part of the normal annual budget process.

ATTACHMENTS: 1. Agreement - Andrew Stein dba ParkInk

2. Agreement - Jeffrey L. Waddleton

3. Agreement - M & J Paul Enterprises, Inc. dba Jolly Jumps

4. Agreement - T & G Global, LLC dba St. Nick's

5. First Amendment TNT Entertainment Group, LLC

NON-EXCLUSIVE COMMODITY AGREEMENT

BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND

ANDREW STEIN DBA PARKINK

PROMOTIONAL ITEMS
THIS AGREEMENT is made and effective as of May 14, 2024, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Andrew Stein dba Parklnk, an Individual Person (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on June 1, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 31, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

2. PURCHASE OF GOODS
Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non-exclusive and the City reserves the right to purchase similar goods from other Vendors.

3. PURCHASE PRICE
The City agrees to pay the Vendor for merchandise ordered and received in the amount of One Hundred Seventy -Five Thousand Dollars and No Cents ($175,000.00) as outlined in Exhibit B for for the total term of this agreement unless additional payment is approved as provided in this Agreement.

Vendor will submit invoices for actual merchandise ordered and received. Payment will be made within thirty (30) business days following the receipt of invoice as to all non -disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases.

4. REPRESENTATION AND WARRANTIES OF VENDOR
Vendor makes the following representations and warranties to City:
a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. 08/06/2021

b. Title License and Operating Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Agreement Documents that may be attached hereto or incorporated herein.

C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading.

S. TIME OF DELIVERY
The date and time of delivery of the merchandise shall be stated at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order.

6. RISK OF LOSS
Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City.

7. INSPECTION AND ACCEPTANCE
City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt.

8. REJECTION
In the event of such notice of non -conformity by City pursuant to the section entitled "Inspection and Acceptance" above, City may, at its option, (1) reject the whole of the Merchandise, (2) accept the whole of the Merchandise, or (3) accept any commercial unit or units/portions of the Merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses.

9. NO REPLACEMENTS OF CURE
This Agreement calls for strict compliance. Vendor expressly agrees that both the Merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Merchandise or any part thereof pursuant to the section entitled "Rejection" above, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor.

10. NON -ASSIGNABILITY
The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

11. INDEPENDENT CONTRACTOR
The Vendor is and shall at all times remain as to the City a wholly independent contractor.

The personnel performing the Work under this Agreement on behalf of the Vendor shall at all times be under Vendor's exclusive direction and control.

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

13. INDEMNIFICATION
Vendor agrees to defend, indemnify, protect, and hold harmless, the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

14. TERMINATION OR SUSPENSION
This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the Director of Community Services, without default or breach of this Agreement by the City.

15. SURVIVAL OF REPRESENTATIONS AND WARRANTIES
All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement.

16. REMEDIES
The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 08/06/2021

17. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties.

18. GOVERNING LAW
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California.

The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula.

In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. ENTIRE AGREEMENT
This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement.

20. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. The Director of Community Services is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/06/2021

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

TEMECULA COMMUNITY SERVICES

DISTRICT
By
Zak Schwank, TCSD President
ATTEST:

By
Randi Johl, Secretary
APPROVED AS TO FORM:

By:

ANDREW STEIN dba PARKINK
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) A n
By:

Andrewl Stein. Owner
Peter M. Thorson, General VENDOR
Counsel
Parklnk
Attn: Andrew Stein
7040 Avenida Encinas, Ste. 104
Carlsbad, CA 92011
andy(aD-parkink.us
City Purchasing Mgr.

Initials and Date:
5 08/06/2021

EXHIBIT A
Scope of Work / Outline Of Order or Service Procedure
Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Vendor, for the purchase of goods or services. The procedure for ordering goods or requesting services is set forth as follows:

A. Ordering Process

1. The Director of Community Services or his designee shall submit to Vendor a written "Request for Order/Services". The Request for Order/Services shall include a description of the items to be purchased or the services to be completed, the time for delivery or completion of the services, and the plans and specifications for goods and equipment, if any.

2. Within five (5) business days of the date of the Request for Order/Services, Vendor shall respond in writing to the Request for Order/Services and advise the Director of Community Services or his designee whether the goods are available or services can be performed, along with the cost and estimated delivery or start of services.

3. In the event an emergency or service is required, the Director of Community Services or his designee may transmit the Request for Order/Services orally to the Vendor. As soon as practical following the emergency, the Vendor and City designee shall in good faith confirm in writing the scope of the emergency order submitted or services undertaken.

4. Upon acceptance of the Vendor's response by the Director of Community Services or his designee the Vendor shall proceed with the order or begin services. The acceptance of the goods and/or performance of the services shall be pursuant to the terms of this Agreement.

B. Type of promotional items being procured, but not limited to:

1. Apparel

2. Towels

3. Glassware

4. Other miscellaneous items used for various City events, programs and activities 08/06/2021

EXHIBIT B

PAYMENT RATES AND SCHEDULE
Vendor will provide a quote for merchandise as requested by the City. Cost shall be as per the vendor quote provided for each order requested and approved by the City.

In any event, the cost of such services or purchase, while not guaranteed per Section 3 of this Agreement, shall not exceed $175,000.00 for the total term of the Agreement. 08/06/2021

NON-EXCLUSIVE SERVICES AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND JEFFREY L. WADDLETON

DJ AND ANNOUNCING SERVICES
THIS AGREEMENT is made and effective as of May 14, 2024, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Jeffrey L. Waddleton, an Individual Person (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

TERM
This Agreement shall commence on July 1, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 31, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Vendor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Vendor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

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

4. LOCATION AND REALIABILiTY OF PERFORMANCE
The date, time, and location of Vendors performance shall be determined at the time of City's request for "Event Price Quote/Agreement". All entertainment shall be provided within City limits. Time and reliability are of the essence in this Agreement.

5. PAYMENT
a. The City agrees to pay Vendor, 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 Fifty Thousand Dollars and No Cents ($150,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Vendor will submit invoices for actual services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Vendor's fees, it shall give written notice to Vendor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Vendor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 08/06/2021

6. NON-EXCLUSIVE AGREEMENT
Vendor understands this is a non-exclusive Agreement between the City and Vendor and no guarantee of work or cost as outlined in Sections 2 and 5 is given or implied.

7. EQUIPMENT/MATERIALS
Vendor(s) shall provide their own sound equipment and any other special equipment and materials that are required for the performance, unless other arrangements are made in writing and approved with the City prior to the performance. Sound equipment shall be adequate for the size of the anticipated audience and location of the performance. The City reserves the right to inspect all equipment and/or materials being used for any performance.

8. USE OF COPYRIGHTED MATERIAL
The Vendor shall be fully responsible for paying any legally required royalties of fees for the use by the Vendor of copyrighted material and shall comply at all times with all applicable copyright laws.

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

10. SUSPENSION, TERMINATION, OR CANCELLATION OF PERFORMANCE

AND AGREEMENT WITHOUT CAUSE
a. A performance may be cancelled, terminated, or suspended at any time, with or without cause, at the sole discretion of the Director of Community Services or his delegate without default or breach of this Agreement by the City. The City may also at any time, for any reason, with or without cause suspend or terminate this Agreement, or any portion hereof, by serving upon the Vendor at least ten (10) days prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates this Agreement, or a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Vendor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Vendor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

11. DEFAULT OF VENDOR
a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Vendor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default.

b. If the Director of Community Services or his delegate determines that the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.

In the event that the Vendor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

12. INDEMNIFICATION
The Vendor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

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

CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Vendor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Vendor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Vendor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Vendor shall maintain limits no less than:
1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage.
3) Worker's Compensation insurance is required only if Vendor employs any employees. Vendor warrants and represents to the City of Temecula, Temecula 08/06/2021

Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees.

C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 3) If insurance coverage is canceled or, reduced in coverage or in limits the Vendor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Vendor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

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

15. LEGAL RESPONSIBILITIES
The Vendor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with 08/06/2021

all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section.

16. RELEASE OF INFORMATION
a. All information gained by Vendor in performance of this Agreement shall be considered confidential and shall not be released by Vendor without City's prior written authorization. Vendor, its officers, employees, agents or subcontractors, shall not without written authorization from the Director of Community Services or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Vendor gives City notice of such court order or subpoena.
b. Vendor shall promptly notify City should Vendor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Vendor and/or be present at any deposition, hearing or similar proceeding. Vendor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Vendor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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

Mailing Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Jeffrey L. Waddleton
PO Box 1752
Temecula, CA 92593

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

19. GOVERNING LAW
The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern 08/06/2021

the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

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

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

22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. The Director of Community Services is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/06/2021

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

TEMECULA COMMUNITY SERVICES

DISTRICT
By:

Zak Schwank, TCSD President
ATTEST:

By:

Randi Johl, Secretary
APPROVED AS TO FORM:

By
JEFFREY L. WADDLETON
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

Peter M. Thorson, General VENDOR
Counsel
Jeffrey L. Waddleton
PO Box 1752
Temecula, CA 92593
ieffd-)-waddleton.com
City Purchasing Mgr.

Initials and Date:
08/06/2021

EXHIBIT A

TASKS TO BE PERFORMED
Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for future DJ and announcing services at City events and recreational activities. The procedure for assigning work is set forth as follows:

The Director of Community Services or their designee's shall submit to the Vendor a written or verbal request for performance. The type of event, location, date, and time shall be described or conveyed to the Vendor.

2. Within five (5) business days of the date of the written or verbal request for performance, the Vendor shall respond in writing with an event price quote/Agreement.

3. Upon acceptance of the Vendors response by the Director of Community Services or their designee's, the Vendor shall proceed to "book" the event. The Vendors performance or the performance of any sub -contractors of any event shall be pursuant to the terms of this Agreement.

Services include but may not be limited to:

1. DJ Services

2. Event Announcing Services
O8/06/2021

EXHIBIT B

PAYMENT RATES AND SCHEDULE
Exhibit B shall be the Event quote/Agreement as provided by the Vendor for each individual performance as requested by the City. In any event, the cost of such services, while not guaranteed as per Section 5 of this Agreement, shall not exceed a total of $150,000.00 for the total term of this Agreement.
08/06/2021

TEMECULA COMMUNITY SERVICES DISTRICT

NON-EXCLUSIVE EVENT SERVICE PROVIDER AGREEMENT
THIS AGREEMENT is made and entered into as of May 14, 2024, by and between Temecula Community Services District, a community services district (hereinafter referred to as "City"), and M & J Paul Enterprises, Inc. dba Jolly Jumps, a Corporation, (hereinafter referred to as "Provider"). In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows:

TERM
This Agreement shall commence on July 1, 2024, and shall remain and continue in effect until such taskes described herein are completed, but in no event later than August 1, 2029, unless sooner terminated pursuant to the provisions of this Agreement

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

Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of services outlined on Exhibit A, attached hereto and incorporated herein as though set forth in full.

The Vendor understands this Agreement is non-exclusive and the City reserves the right to purchase similar services from other Vendors.

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

No pyrotechnics or special effects of any kind shall be allowed as any part of the services for the City by the Provider, its employees, agents, group members, fellow Providers or any third party without the prior written consent of the Director of Community Services or authorized designee.

4. LOCATION AND RELIABILITY OF PERFORMANCE
The date, time, and location of Provider's event services shall be determined at the time of City's request for "Request for Event Services." All event services shall be provided within City limits. Time and reliability are of the essence in this Agreement.

5. EQUIPMENT
Provider shall provide its own equipment that it requires for the Event, unless other arrangements are made in writing with the City before the Event. The City reserves the right to inspect all equipment and/or materials being used for any Event. 08/09/2021

6. PAYMENT
a. The City agrees to pay the Provider an amount that shall not exceed the payment amount for conducting Events, 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 Fifty Thousand Dollars and No Cents ($150,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. The City shall withhold from this sum appropriate taxes if so directed by the California Franchise Tax Board. The not to exceed payment amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases.
b. Provider shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Director of Community Services. Provider shall be compensated for any additional services in the amounts and in the manner as agreed to by Director of Community Services and Provider at the time City's written authorization is given to Provider for the performance of said services.

7. USE OF COPYRIGHTED MATERIAL
The Provider shall be fully responsible for paying any legally required royalties of fees for the use by the Provider of copyrighted material and shall comply at all times with all applicable copyright laws.

8. NON -ASSIGNABILITY
It is understood that this is a personal services agreement between the City and Provider, and that Provider is required to personally provide the required Event. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Provider without the prior written consent of the City.

9. INDEPENDENT CONTRACTOR
The Provider is and shall at all times remain as to the City a wholly independent contractor.

Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Provider or any of the officers, employees, or agents of the Provider, except as herein set forth. Personnel providing the Event Services under this Agreement with or on behalf of the Provider shall at all times be under the Provider exclusive direction and control. Provider shall not at any time or in any manner represent that it or any of its employees, agents, group members, or fellow Providers are in any manner officers, employees, or agents of the City. Provider shall not incur or have the power to incur any debt, obligation, or liability whatsoever against the City or bind the City in any manner.

10. INDEMNIFICATION
Provider agree(s) to defend, indemnify, protect, and hold harmless, the City of Temecula, Temecula Community Services District, and/or Successor Agency of the Temecula Redevelopment Agency, and its officers, officials, employees, agents and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services 08/09/2021

District, and/or Successor Agency of the Temecula Redevelopment Agency, its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Provider's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the Agreement insurance with an A.M. Best rating of A-:VII or better, against claims for injuries to persons, or damages to property, which may arise from or in connection with the performance of the services by the Provider, its agents, representative, or employees:
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Provider owns no automobiles, a non - owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Provider shall maintain limits no less than:
1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage.
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.

Services District, Successor Agency of the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or Successor Agency of the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency of the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Provider shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Provider shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before the services commence. As an alternative to the City's forms, the Provider's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

12. TERMINATION OR SUSPENSION
This Agreement may be terminated or suspended and the Event or Events canceled at any time, with or without cause, at the sole and exclusive discretion of the Director of Community Services, without default or breach of this Agreement by the City.

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

14. LICENSES
At all times during the term of this Agreement, Provider shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
08/09/2021

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

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

16. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Provider warrants and represents that he or she has the authority to execute this Agreement on behalf of the Provider and has the authority to bind Provider to the performance of its obligations hereunder. The Director of Community Services is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of services; (d) agreement termination. 08/09/2021

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

TEMECULA COMMUNITY SERVICES

DISTRICT
By
Zak Schwank, TCSD President
ATTEST:

By
Randi Johl, Secretary
APPROVED AS TO FORM:

By:

Peter M. Thorson, General
Counsel
M & J PAUL ENTERPRISES, INC. dba JOLLY
JUMPS
By:

JoyGaul, CEO
By:

PROVIDER
M&J Paul Enterprises dba Jolly Jumps
Attn: Joy Paul
43153 Business Park Drive
Temecula, CA 92590
info a(�jollyjumps.net
6 City Purchasing Mgr.

Initials and Date:
08/09/2021

EXHIBIT A

SCOPE OF SERVICES
Provider recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between Temecula Community Services District and the Provider, for inflatables and similar type of event services for the City of Temecula for City events and programs. Event services shall include jolly jumps and similar type inflatables, carnival games, game booths, face painting, body art, water slides and obstacles courses. The procedure for requesting and assigning services is set forth as follows:

1. The Director of Community Services or his designee shall submit to Provider a written "Request for Event Services." The date, time, and location of Provider's performance shall be determined at the time of City's Request for Services. The Request for Event Services shall include a description of the services to be completed, the date requested or the time for completion of the services, and any other relevant information necessary to provide the services.

2. Within five (5) business days of the date of the Request for Services, Provider shall respond in writing to the Request for Services and advise the Director of Community Services whether it can perform the services and specify the cost of service in accordance with the rates set forth in Exhibit "B" to this Agreement.

3. Upon the Director of Community Services written acceptance of the Provider's response, the Provider shall proceed with the services on the date requested The performance of the services shall be pursuant to the terms of this Agreement.

Services will include:

Jolly Jumps/Bounce Houses and similar type inflatables
Carnival Games
■ Game Booths
■ Face Painting/ Body Art
• Water Slides
• Obstacle Courses
08/09/2021

EXHIBIT "B"

PAYMENT RATES AND SCHEDULE
Quotes shall be provided as requested by City staff for each service requested. Cost of services shall be as quoted, but in no event shall the total Agreement amount exceed $150,000.00 as outlined in Section 6 of this Agreement. The not to exceed payment amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 08/09/2021

AGREEMENT FOR CONTRACTOR SERVICES BETWEEN

TEMECULA COMMUNITY SERVICES DISTRICT AND
T & G GLOBAL, LLC DBA ST. NICK'S

DECORATIVE LIGHTING AND HOLIDAY DECOR INSTALL & REMOVAL AND

DECOR REFURBISHMENT
THIS AGREEMENT is made and effective as of May 14, 2024, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and T & G Global, LLC dba St. Nick's, a Corporation, (hereinafter referred to as "Contractor").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

TERM
This Agreement shall commence on July 1, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

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

4. PAYMENT
a. The City agrees to pay Contractor, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Five Hundred Thousand Dollars and No Cents ($500,000) for the total term of the agreement unless additional payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Director of Community Services. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.

C. Contractor will submit invoices for actual services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. 08/09/2021

d. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.

5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

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

7. OWNERSHIP OF DOCUMENTS
a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 08/09/2021

b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

9. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.

Minimum Limits of Insurance. Contractor shall maintain limits no less than:
4) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
5) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage.
08/09/2021

6) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty -Five Thousand Dollars and No Cents ($25,000).

C. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date.
6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 08/09/2021

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

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

12. RELEASE OF INFORMATION
a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the Director of Community Services or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
08/09/2021

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

Mailing Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Contractor: T & G Global LLC dba St. Nick's
Attn: Daniel Christenson
6861 Walker Street
La Palma, CA 90623

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

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

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

17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non- 08/09/2021

contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

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

19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The Director of Community Services is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/09/2021

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

TEMECULA COMMUNITY SERVICES T & G GLOBAL, LLC dba ST. NICK'S DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

Zak Schwank, TCSD President
ATTEST:

By:

Randi Johl, Secretary
APPROVED AS TO FORM:

By
By: -3C_'_ -
de Francis, Managing Member
r ¢'
l
By:r
Daniel Christenson, Director of Sales
Peter M. Thorson, General CONTRACTOR
Counsel
T & G Global, LLC dba St. Nick's
Attn: Daniel Christenson
6861 Walker Street
La Palma, CA 90623 _
danie! st-nicks.com
City Purchasing
Initials and Date:

Mgr.
8 08/09/2021

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this service include:
■ The purchase, and/or installation, and/or removal, and refurbishment of the following:
o Decorations
o Decorative Lighting
o Light Displays
o Christmas Tree
o Ornaments
o Photo Ops
o String Lights
o Snowflakes
o Signage
o LED Lights
Contractor shall coordinate with the City on scheduling the Equipment installation and removal along with arranging for any traffic safety requirements during installation and removal.
■ City will provide a sufficient electrical source.
08/09/2021

EXHIBIT B
Payment Rates and Schedule
Quotes shall be provided as requested by City staff for each service requested. Cost of services shall be as quoted, but in no event shall the total Agreement amount exceed $500,000.00 as outlined in Section 4 of this Agreement. The not to exceed payment amount listed herein is an estimated expenditure and this Agreement does not guarantee Contractor this amount in services. 10 08/09/2021

FIRST AMENDMENT TO AGREEMENT BETWEEN

TEMECULA COMMUNITY SERVICES DISTRICT AND TNT ENTERTAINMENT GROUP, LLC

ENTERTAINMENT AND TECHNICAL SERVICES
THIS FIRST AMENDMENT is made and entered into as of May 14, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and TNT Entertainment Group, LLC, a Limited Liability Company (hereinafter referred to as "Entertainer"). 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 14, 2022, the City and Entertainer entered into that certain Agreement entitled "Agreement for Non -Exclusive Entertainment Services," in the amount of $200,000.00.
b. The parties now desire to extend the term of the agreement to June 30, 2025, increase the payment in the amount of $50,000.00, and to amend the Agreement as set forth in this Amendment.

2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows:

This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:
follows:

The City agrees to pay Entertainer in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Fifty Thousand
Dollars and No Cents ($50,000.00) for additional entertainment services for a total Agreement amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00).

4. Section 17 of the Agreement entitled "NOTICES" is hereby amended to read as "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, 08/09/2021

postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Entertainer: TNT Entertainment Services
Attn: Tori Daniels
40345 Calle Torcida
Temecula, CA 92591

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

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

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

TEMECULA COMMUNITY SERVICES

DISTRICT
By:

Zak Schwank, TCSD President
ATTEST:

By:

Randi Johl, Secretary
APPROVED AS TO FORM:

By:

TNT ENTERTAINMENT GROUP, LLC
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

Tori M. Daniels, President
Peter M. Thorson, General ENTERTAINER
Counsel
TNT Entertainment Group, LLC
Attn: Tod Daniels
40345 Calle Torcida
Temecula, CA 92591
torimdaniels(a)-yahoo.com
3 City Purchasing Mgr.

Initials and
Date:
08/09/2021

ATTACHMENT A

EXHIBIT B

PAYMENT RATES AND SCHEDULE
Quotes shall be provided as requested by City staff,for each service requested. Costs of services shall be as quoted, but in no event shall the total Agreement amount exceed $250,000.00 as outlined in Section 3 of this First Amendment. The not to exceed payment amount listed herein is an estimated expenditure and this First Amendment does not guarantee Entertainer this amount in services.
08/09/2021

Item No. 17

THE SUCCESSOR AGENCY

TO THE TEMECULA REDEVELOPMENT AGENCY

AGENDA REPORT
TO: Executive Director/Board of Directors
FROM: Jennifer Hennessy, Director of Finance
DATE: May 14, 2024
SUBJECT: Approve Financial Statements for the 3rd Quarter Ended March 31, 2024 PREPARED BY: Jennifer Hennessy, Director of Finance
RECOMMENDATION: That the Board of Directors receive and file the financial statements for the 3rd. quarter ended March 31, 2024.

BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Successor Agency to the Temecula Redevelopment Agency for the 3rd Quarter Ended March 31, 2024.

FISCAL IMPACT: None
ATTACHMENTS: SARDA Fund Summaries (Financial Statements)

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 380 - SARDA DEBT SERVICE FUND
% Change
2023-24
Year to Date
2023-24 Q3
from
2022-23
Current
Actuals
Revised
Requested
Current
Description
Actuals
Budget
3-31-2024
Budget
Adjustments
Budget
Revenues by Source
Taxes and Franchises
Redevelopment Property Tax Fund
0 7,115,813
0 7,115,813
0 0.0
Distribution
Use of Money and Property
Investment Interest
217,374
164,113
124,325
164,113
0 0.0 %
Operating Transfers In
Operating Transfers In
6,843,276
0 0
0 0

0.0 Total Revenues and Other Sources
7,060,650
7,279,926
124,325
7,279,926
0 0.0 %
Expenditures by Category
Operations & Maintenance
1,570,747
299,255
177,072
299,255
0 0.0
Debt Service - Principal
0 2,740,000
2,740,000
2,740,000
0 0.0
Debt Service - Interest
2,975,694
2,867,313
1,461,691
2,867,313
0 0.0
Transfers
2,702,005
750,000
5,196,691
0 (750,000)
-100.0 %
Total Expenditures and Other Financing
Uses
7,248,446
6,656,568
9,575,454
5,906,568
(750,000)
-11.3 %
Excess of Revenues Over (Under) Expenditures
(187,796)
623,358
(9,451,129)
1,373,358
750,000
120.3 %
Fund Balance, Beginning of Year
(36,192,682)
(36,380,478)
(36,380,478)
Fund Balance, End of Year
(36,380,478)
(35,757,120)
(35,007,120)
Fund Description
The Successor Agency to the Redevelopment Agency (SARDA) Debt Service Fund was established to account for payment obligations of the Successor Agency as a result of the State's dissolution of Redevelopment Agencies. This is a private -purpose
trust
fund that is used to account for resources held and administered by the SARDA acting in a fiduciary capacity
for other governments.

Alk
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 381 - REDEVELOPMENT PROPERTY TAX TRUST FUND
Change
2023-24 Year to Date 2023-24 Q3 from
2022-23 Current Actuals Revised Requested Current
Description Actuals Budget 3-31-2024 Budget Adjustments Budget Revenues by Source
Taxes and Franchises
Redevelopment Property Tax Fund
6,905,309
0 3,410,622
0 0

0.0 Distribution
Use of Money and Property
Investment Interest
4,287
1,631
7,078
1,631
0 0.0 %
Operating Transfers In
Operating Transfers In
1,035
450,000
450,000
450,000
0 0.0
Total Revenues and Other Sources
6,910,631
451,631
3,867,700
451,631
0 0.0
Expenditures by Category
Transfers
6,843,276
0 41621,691
0 0

0.0 Total Expenditures and Other Financing
Uses
6,843,276
0 4,621,691
0 0

0.0 Excess of Revenues Over (Under) Expenditures
67,355
451,631
(753,991)
451,631
0 0.0
Fund Balance, Beginning of Year
149,098
216,453
216,453
Fund Balance, End of Year
216,453
668,084
668,084
Fund Description

Item No. 18

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Pat Thomas, Director of Public Works/City Engineer DATE: May 14, 2024
SUBJECT: Receive Presentation Regarding the Annual Report for Calendar Year 2023 for Solid Waste and Recycling Services
PREPARED BY: Julie Tarrant, Principal Management Analyst Rebecca Kiser, Senior Office Specialist
RECOMMENDATION: That the City Council receive a presentation regarding the annual report for calendar year 2023 for solid waste and recycling services provided by CR&R, Inc.

BACKGROUND: In accordance with the Franchise Agreement between the City of Temecula and CR&R, Inc., for Solid Waste and Recycling Services, CR&R is to provide an Annual Report to the City.

The Annual Report is to include, but is not limited to, a review of performance and quality of service, the number of customers for each class of service, any services which began or were discontinued for the reporting year, systems or service updates, new initiatives or regulatory developments, and an overall summary of customer service in regard to complaints, remedies, satisfactory outcomes, or actions implemented to maintain quality and efficiencies of service.

The Annual Report is to also include an update of CR&R's progress to ensure the City meets and continues to maintain compliance with goals and objectives under SB 1383.

ATTACHMENTS: None

Item No. 19

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works
DATE: May 14, 2024
SUBJECT: Approve Recommendations Related to the Acceptance of Certain Streets Into the City -Maintained Street System for Street Maintenance (At the Request of Subcommittee Members Mayor Stewart and Mayor Pro Tem Kalfus) PREPARED BY: Ron Moreno, Assistant Director of Public Works Betsy Lowrey, Assistant to the City Manager
Annie Bostre-Le, Stormwater Program Manager
RECOMMENDATION: That the City Council approve recommendations by the Private - Public Street Maintenance Ad Hoc Subcommittee related to the acceptance of certain streets into the city -maintained street system for street maintenance, BACKGROUND: On February 13, 2024, the City Council voted, at the request of Mayor Pro Tern Kalfus, to place the creation of an ad hoc Subcommittee to discuss issues related to the acceptance of streets into the City maintained street system for street maintenance. On February 27, 2024, the City Council voted to form a Private -Public Street Maintenance Ad Hoc Subcommittee, and Mayor Stewart and Mayor Pro Tern Kalfus were appointed to the Ad Hoc Subcommittee. The Ad Hoc Subcommittee met with Public Works Department staff, City Manager Department staff and legal counsel on March 12, 2024, March 26, 2024, April 9, 2024, and April 23, 2024. Additionally, staff accompanied the Ad Hoc Subcommittee to view certain streets on April 11, 2024. For informational purposes, staff also accompanied the balance of the council (Council Member Alexander and Council Member Schwank) to view the same streets on April 24, 2024.

Public/Private Street Definitions/Street Standards. During the Ad Hoc Subcommittee meetings, staff discussed the differences between private and public roads, and the methods by which streets are developed and gain acceptance into the City's maintained street system. For reference, City staff also provided a diagram of City Standard No. 104 (Urban and Rural City Street Standards) which is the current roadway standard that the City requires for residential streets to be constructed. (See Attachment 1.)
Under California Streets and Highways Code section 1806, a city is not "held liable for failure to maintain any road until it has been accepted into the city street system in accordance with subdivision (b) or (c)." Streets that are dedicated to the City and are constructed to City standards

may become a city street if the City Council adopts a resolution accepting the street into the maintained system pursuant to Streets and Highways Code section 1806(b).

Street Criteria. Staff provided the Ad Hoc Subcommittee with a citywide draft map of all streets within the City that have not been accepted for maintenance. This gave the Ad Hoc Subcommittee a starting point and an overall understanding of which streets are maintained by the City and which streets are not publicly maintained. With this understanding, the Ad Hoc Subcommittee expressed concern with residential streets that have not yet been accepted by the City for maintenance but are frequently used by the public and/or built to city standards, and requested an updated list of streets that meet all the following criteria:

1. Residential only. (Excluded non-residential streets.) a. Street that has two points of access; one of which connects to a paved street within the City's accepted street maintenance program. (Excluded streets that only service a few homes, such as 3-4 or less.) AND/OR
b. Street is constructed/paved (in accordance with city street standards required by the City) and connects to a paved street that has been accepted by the City. (Excluded all dirt and gravel roads.)

2. Street is dedicated for public use by the property owner for public use.

3. Street has not been accepted by a City Council Resolution for maintenance.

4. There is no property association or homeowners association along the street to implement a funding mechanism for street maintenance.

5. The street is not in an area subject to a community facilities district or assessment district to fund street maintenance.

6. Excluded streets that will be improved by a development project. (Staff will pursue acceptance by the City Council for street maintenance in the future, after construction of street to city standards.)
As a result, the following streets were identified with varying recommendations by the Ad Hoc Subcommittee as follows:

1. Calle Medusa (Nicolas Road to Enfield Lane). Recommended to be accepted as -is into the City's street maintenance system.

2. Green Tree Road (Pauba Road to Deodar Lane). Recommended to be accepted as -is into the City's street maintenance system.

3. Deodar Lane (Green Tree Road to end of cul-de-sac). Tract Map 26521, filed

with the County Recorder on August 17, 2000, designates Deodar Lane as a "Private Street." The Ad Hoc Subcommittee suggests that if all Deodar Lane homeowners request their street to be part of the City's maintenance system in the future and Green Tree Road is already accepted into the system, the City should agree. This is because Deodar Lane meets the City's street standards and connects to Green Tree Road, which is set to be maintained by the City if accepted. Homeowners will have to provide documentation, such as an updated Tract Map and revised CC&Rs if applicable, to make this request.

4. Ormsby Road (Santiago Road to Estero Road). A segment of Ormsby Road has not yet been dedicated for public use by the property owner. Upon dedication of said segment for public use by the property owner, Ormsby Road is recommended to be accepted into the City's street maintenance system as -is.

5. Via El Delora (Ormsby Road to the end of cul-de-sac). Upon acceptance of Ormsby Road, the recommendation is for Via El Delora to also be accepted into the City's street maintenance system as -is. This recommendation is because Via El Delora was constructed in accordance with street standards required by the City and connects to a paved street that will be accepted for maintenance by the City if the recommendation to accept Ormsby Road is approved.

City staff updated the status of five streets, out of a total of 3,580 streets assessed citywide, within the City's mapping tool to reflect that these streets were already "accepted" into the City's street maintenance system. These streets included Calle Girasol, Calle Chapos, Alhezon Circle, Cresta Verde, and Dahlia Way. Joseph Road and Via La Vida were also assessed but excluded from immediate acceptance based on criteria outlined above because these streets will undergo improvements through development projects. Once these development projects are completed, city staff will seek approval from the City Council for the inclusion of these streets in the street maintenance program.

When the City Council adopts a resolution accepting streets into the City's maintained system, they become City -public maintained streets according to the Streets and Highways Code section 1806. Should the City Council agree with the recommendations of the Ad Hoc Subcommittee, staff will present resolutions and legal documents for approval at a subsequent meeting. Upon adoption of such resolutions, the streets specified will be integrated into the pavement management system and citywide roster of streets for maintenance.

FISCAL IMPACT: See Attachment 2.

ATTACHMENT: 1) Diagram of City Standard No. 104 (Urban and Rural City Street Standards)
2) Fiscal Impact and Annual Average Daily Trips (AADT)

R/W
R/W
60'
40'
/0'
20'
20'
/0,
2' I 6,
6, I 2,
I
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2%
A.C. PVMT A,CaPVMT
2%
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2% I 2%FT-
�—
MPX
CONC.—I
CONC.

SIDEWALK BASE
COURSE

SIDEWALK
CONC. CURB COMPACTEG�
& GUTTER SUBGRADE URBAN
CONC. CURB
&GUTTER
SECTION 'A"
R/W
R/W
60'
40'
l0'
20'
20'
/0'
2, I
I 2,
I

ASPHALT

ASPHALT
2% Dll(E A VMT. i A. VMT. DIKE 2%
R—�
COURSE

COMPACTED

SUBGRADE RURAL
SEC TION "B
NO TES:

COMBINED THICKNESS OF BASE AND SURFACE MA TER/AL TO BE DETERMINED BY THE SOILS ENGINEER'S RECOMMENDATIONS.

SEE STANDARD NOS. //J & 115 FOR PAVEMENT DESIGN REQUIREMENTS AND GENERAL NOTES.

ALL CURB AND GUTTER SHALL BE TYPE 'A-6" PER C. 0. T STD. 200 UNLESS OTHERWISE SPECIFIED. ALL A. C. DIKE SHALL BE PER C. 0. T STD. 2/4, APPROVED BY.-
zmt-sl� OCTOBER 12, 20H
F4,CITY

OF TEMECULA

DEPARTMENT OF PUBLIC WORKS

GREG BUTLER, G CTO OF PUBLIC WORKS/CITY ENGINEER DATE
�.

R.C.E. N0. 47/04LOCAL
STREET
1 REVISIONS
REV.

BY.

APPR'D
DATE
REV.

BY.

APPR'D
DATE
I0198, I2106
I
4 2
1 1 #:15
STANDARD NO. /04
3 6
1 14

Public dedicated but not accepted streets
Last updated: 5/1/24
FISCAL IMPACT and Annual Average Daily Trips (AADT)
Street Name
Estimated
2022 AADT
Street segment (from)
Street Segment (to)
Improved width
(FT)
Length
(FT)
Roadway
(SF)
Annual Maintenance
cost

CALLE MEDUSA
3582
Nicolas Road
786' south of Nicolas Road
40 786.00
31,440
$ 6,288.00
786' south of Nicolas Road
Enfield
36 800.80
28,829
$ 5,765.76
Calle Medusa annual maintenance cost $ 12,053.76
GREEN TREE RD 443 Pauba Road Deodar Lane 28 2345 65,660 $ 13,132.00 Green Tree Road annual maintenance cost $ 13,132.00
ORMSBY RD 484 Santiago Road Via El Delora 30 280.31 8,409 $ 1,681.85 Via El Delora
312.56' N/O Via El Delora
30 312.56
9,377
$ 1,875.36
312.56' N/0 Via El Delora
Tract Map 18583 southerly boundary
28 348
9,754
$ 1,950.77
Tract Map 18583 southerly boundary
Estero Road
32 233.78
7,481
$ 1,496.19
VIA EL DELORA 112 Ormsby End of cul-de-sac 28 317.00 8,876 $ 1,775.20
Ormsby Road & Via El Delora annual maintenance cost $ 8,779.37 Street classification: Not accepted, publicly dedicated Total length (LF): 5,424
Total length (Miles): 1.03
Total Cost for Annual Maintenance: $33,965.13
Total Cost for Upgrade/Replacement (low): $1,698,256.56 Total Cost for Upgrade/Replacement (high): $3,396,513.13 Unit Cost
Maintenance ($) $0.20
Replacement ($) Low $10.00
Replacement ($) High $20.00

Page 1 ends

Temecula City CouncilMay 14, 2024

Temecula City Council
May 14, 2024