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Item No. 7
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Chief John Crater, Temecula Fire Department
DATE: June 11, 2024
SUBJECT: Adopt Amended Alert and Warning Program as Support Plan to Emergency Operations Plan
PREPARED BY: Mikel Alford, Emergency Manager
RECOMMENDATION: That the City Council adopt and promulgate the amended alert and warning program as a support plan to the City of Temecula Emergency Operations Plan.
BACKGROUND: A comprehensive alert and warning program is a critical component to the City of Temecula's ability to effectively respond to emergencies and provide immediate information to the City Staff and our community. With recent disasters across the country and most recently wildfires throughout Northern California where alert and warning programs suffered, had gaps, and many inconsistencies, the Office of Emergency Management (OEM) has amended the current plan to meet the identified changes to the State of California Alert & Warning Guidelines published in May of 2024. These guidelines provide the minimum expectations for the City of Temecula to implement an accessible alert and warning program for the purpose of enabling and encouraging consistent application of alert and warning best practices, procedures, and protocols.
It is the intent of the City's executive staff that, in the event of another catastrophe, such as the 2017 firestorms in Northern California, every tool at our disposal be used to alert and warn all members of the community in any affected area. History finds and declares that the safety of people as a whole requires designated alerting authorities (City Manager) to ensure they have multiple operators (Alert & Warning Team), adequate validation, testing, and functional equipment and software. These City of Temecula Alert and Warning Guidelines were developed in collaboration with the Office of Communications as part of the overall Emergency Management process.
FISCAL IMPACT: There is no fiscal impact to the City in the adoption of this plan.
ATTACHMENTS: 2024 City of Temecula Alert & Warning Plan
PREPARED BY THE OFFICE OF EMERGENCY MANAGEMENT
ALERT & WARNING PLAN - 2024
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CITY OF TEMECULA
A comprehensive alert and warning program is a critical component to the City of Temecula's ability to effectively respond to emergencies and provide immediate information to the City Staff and our community. With recent disasters across the country and most recently wildfires throughout Northern California where alert and warning programs suffered, had gaps, and many inconsistencies, the Office of Emergency Management (OEM) has identified the need to establish guidelines for the purpose of enabling and encouraging consistent application of alert and warning best practices, procedures, and protocols.
It is the intent of the City's executive staff that, in the event of another catastrophe; like the 2017 firestorms in Northern California and the 2022 Fairview Fire in Hemet, every tool at our disposal be used to alert and warn all members of the community in any affected area. History finds and declares that the safety of people requires designated alerting authorities (City Manager) to ensure they have multiple operators (Alert & Warning Team), adequate validation, testing, and functional equipment and software. These City of Temecula Alert and Warning Guidelines were developed in collaboration with the Public Information Office (PIO) as part of the overall Emergency Management process.
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CITY OF TEMECULA
ALERT & WARNING PLAN - 2024
PLAN WORKSHEET
OBJECTIVE Details the government's responsibility for alerting and warning the community to the potential for or actual
emergency that requires immediate action be taken
FEDERAL EMERGENCY Federal Emergency Support Function #13 — Public Safety and SUPPORT FUNCTION Security (ESF #13)
STATE OF CALIFORNIA State of California Emergency Plan Emergency Function #5 — EMERGENCY FUNCTION Management (EF #5)
AUTHORITY City of Temecula Emergency Operations Plan; City of Temecula Municipal Code 2.56; 2019 California Alert &
Warning Guidelines; FEMA Integrated Public Alert & Warning System (IPAWS)
REQUIREMENTS Standardized Emergency Management System (SEMS); National Incident Management System (NIMS); Incident
Command System (ICS)
REFERENCE This plan is a Support Plan to the City of Temecula Emergency Operations Plan (EOP)
HAZARDS ADDRESSED All known impacts and issues related to the mass communication of Alert & Warning messages to the
community
OUTCOMES Provides a structure in which to effectively notify, alert and warn the community in the event of an emergent or
disastrous situation
APPROVAL Approval and recommendation for adoption by the City Council
UPDATES Required every 3 years
WEBSITE https://temeculaca.gov
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ALERT & WARNING PLAN - 2024
RECORD OF CHANGES
Any approved additions or modifications to this plan will be documented and noted in this section. The date of the change, the title of the person making the change, and a summary and reason for the modifications will be inserted into this section of the plan. If any major or significant changes to this plan need to be made, then the revised plan will be considered an update and the cover page, promulgation page, and approval and implementation page should reflect that it is a new plan.
After any modification to this plan, the Office of Emergency Management (OEM) will ensure that the updated version is distributed to all previously listed departments and agencies, and that the revised plan is uploaded to any share sites and/or webpages where this plan resides.
Printed material will be available at the Emergency Operations Center (EOC). Personnel with a role in executive leadership, coordination and management, and operational implementation of emergency procedures are encouraged to keep a digital and/or printed copy of this plan and to make sure it is accessible to them at all times.
CHANGE
NUMBER
DATE OF
CHANGE
SECTION
SUMMARY OF CHANGE
Changes in guidance, new city alerting system, and
process updates
CHANGE
VVA
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RECORD OF DISTRIBUTION
The City of Temecula's Office of Emergency Management prepares, coordinates, publishes, and distributes this Plan and any revisions made to it. The Plan is distributed to all departments/agencies identified below. The Plan is also available upon request by external organizations, also identified below.
COUNTY DEPARTMENTS
AGENCIES
Riverside County Emergency
Management Department
LOCAL GOVERNMENTS
SPECIAL DISTRICTS
City of Murrieta
OTHER ORGANIZATIONS
Temecula Citizen Corps
Riverside County Sheriff's
Department — Temecula
Rancho California Water
District
CALFire / Riverside County
Fire - Temecula
Temecula Valley Hospital
Eastern Municipal Water
District
Temecula Valley Unified
School District
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APPROVAL AND PROMULGATION
This plan has been revised and should be reviewed in its entirety.
This City of Temecula Alert & Warning Plan is a support plan to the City of Temecula Emergency Operations Plan and establishes the emergency organization, assigns tasks, specifies policies and general procedures, and provides for coordination of planning efforts for respective staff. This plan is reviewed by all departments/agencies who have a primary function in the City's Alert & Warning Plan. An approved support plan gives both the authority and the responsibility to departments and agencies within the city to perform their tasks; formalizes their responsibilities regarding preparing and maintaining their own procedures/guidelines; and commits them to carrying out required training, exercises, and plan maintenance necessary to support the Alert & Warning Plan.
A signature from the City Manager confirms that the Executive Staff have read the plan and have no conflicts with its content at the time of publishing. Upon review and concurrence, the Plan will be submitted to the Temecula City Council for review and approval. Upon approval by the Council, the Plan is officially adopted and promulgated via the City Clerk's Office. A letter of promulgation is located at the front of this Plan, which validates the concepts, roles and responsibilities, and the emergency management system for the City.
Aaron Adams
City Manager
Date
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TABLE OF CONTENTS
PLANWORKSHEET.................................................................................................................................................4 RECORD OF CHANGES............................................................................................................................................6 RECORD OF DISTRIBUTION....................................................................................................................................8 APPROVAL AND PROMULGATION.......................................................................................................................10 TABLE OF CONTENTS............................................................................................................................................12 PROGRAM ADMINISTRATION..............................................................................................................................14 PlanDistribution..................................................................................................................................................14 PlanUpdates.......................................................................................................................................................14 Plan Testing, Training, and Exercises....................................................................................................................14 After -Action Review............................................................................................................................................14 EXECUTIVESUMMARY......................................................................................................................................... is PURPOSE.............................................................................................................................................................16 WHAT IS PUBLIC ALERT AND WARNING...............................................................................................................18 ROLES AND RESPONSIBILITIES..............................................................................................................................18 NATIONAL WEATHER SERVICE............................................................................................................................. 20 LOCAL ALERT & WARNING PROGRAM ADVISORY COMMITTEE........................................................................... 22 LOCAL ALERT & WARNING PROGRAM SPECIFICATIONS.......................................................................................23 MULTI -MODAL / MULTI-PLATOFRM ALERTING SYSTEM..................................................................................23 PROCEDURES....................................................................................................................................................... 27 NOTIFICATIONS.................................................................................................................................................... 31 PRIVACYPOLICY................................................................................................................................................... 39 AFTER ACTION REPORT........................................................................................................................................ 40 ALERT AND WARNING SAMPLE MESSAGES / TEMPLATES....................................................................................46 CITY OF TEMECULA 1 12
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PROGRAM ADMINISTRATION
Plan Distribution
As a Support Plan to the City of Temecula Emergency Operations Plan (EOP), the City of Temecula Alert & Warning Plan is intended for the city, including all agencies and special districts contained within. Copies of this plan, when complete, will be distributed to all City response partners and stakeholders with roles in Alert and Warning operations in Temecula.
Plan Updates
The City of Temecula Office of Emergency Management (OEM) will review and update this plan every three years following its adoption and after plan activations/exercises. Changes will reflect improvements identified from activations/exercises, and/or will be made to correlate this plan with changes that are made to the City's EOP and EOC Activation and Leadership guide during the prior three years.
Plan Testing, Training, and Exercises
The City of Temecula conducts all hazards drills and exercises relevant to the city and its respective identified hazards. To the extent practical, elements of this Plan will be incorporated into those drills and exercises that include a power disruption response element.
After -Action Review
The City of Temecula conducts all after -action reviews of drills, exercises, and real -world activations in compliance with the FEMA Homeland Security Exercise and Evaluation Program (HSEEP).
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EXECUTIVE SUMMARY
This document provides guidance and expectations for City Executive Leadership and designated alerting authorities, administrators, and originators for implementing an alert and warning program within the City of Temecula. The City of Temecula's Alert and Warning Plan addresses the critical components of an effective and comprehensive alert and warning program, including:
• Roles and Responsibilities
• When and How to Issue a Public Alert or Warning
• Methods and Technologies
• Messaging
• Alerting Coordination
• Training Requirements
• System Testing and Exercise Requirements
These guidelines enable the development of a robust and effective alert and warning program throughout the community by providing comprehensive articulation of best practices, protocols, and procedures. This city-wide alert and warning plan was developed to support the State of California Alert & Warning Plan and aligned with the Standardized Emergency Management System (SEMS).
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PURPOSE
The City of Temecula Alert and Warning Plan establishes guidelines for the use of our Alert and Warning systems in partnership with our local community and volunteer agencies. The alert and warning program provides the community, as well as city staff, notification of protective actions to take before, during, and after threats or emergencies and to disseminate other types of non - emergency messages to our population. The plan further provides the overarching direction to those alerting authorities, administrators, and designated alert originators on the use of, and proper methodology for, messaging along with those processes and procedures for developing messages and the re -issuance of updated information. This document supports the City of Temecula Emergency Operations Plan.
SCOPE
Effective incident management begins with a host of preparedness activities conducted well in advance of any potential incident. Preparedness involves an integrated combination of planning, training, exercises, personnel qualification and certification standards, equipment acquisition and certification, and publication management processes and activities. This plan is applicable to Temecula City departments with Emergency Operations responsibilities and other departments with essential resources. Of particular importance to this document are:
• City Departments with emergency public safety functions or critical services • City Departments having routine interaction with the public This support plan is written as a component of the City of Temecula Emergency Operations Plan.
Alerts and warning will be disseminated to the public when there is a perceived threat, immediate threat, or impending incident. Often, these notifications will ask that the public respond accordingly. Public Information processes provide for accessible and effective communications to the public. The City has integrated the use of multi -modal communications to include effective communication that is in accessible formats using mass notification systems, traditional media, social media, web -based media, printed publications, in -person communications, and email distribution. OEM will collaborate, coordinate, and review messages for ADA consistency and will seek additional support, when necessary, from the Riverside County Emergency Management Department AFN Coordinator and Alerting Administrators.
All emergency alert and warning messages will comply with ADA Guidance — Inclusionary, Accessible Messaging and Effective Communication.
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SITUATION OVERVIEW
Characteristics
• Location: The City of Temecula covers approximately 37 square miles of land within the southwestern portion of Riverside County.
• Demographics: According to the U.S. Census Bureau, the 2022 population estimate for the City of Temecula is 111,881. This is approximately 3,023 people per square mile. o The term "people with disabilities" refers to a protected class; protected from discrimination as defined by federal civil rights laws such as the Americans with Disabilities Act (ADA) and other state civil rights protections that detail the right to equal participation to enjoy and use services. Civil rights definitions protect a broad group of people who meet specific criteria for participation in this class. o "People with disabilities and others with access and functional needs" is inclusive of broad and diverse groups of people who also directly benefit from physical, communication, and program access. This includes people who may or may not meet the definitions of civil rights laws or some of the 60 plus diverse definitions of disability.
• Vulnerabilities: The City of Temecula has multiple, accessible, redundant mass notification systems that it will utilize to reach the public for alerts and warnings. Factors to consider are the type of disaster or emergency, the population density, and the terrain in areas of Temecula. In some instances, the consequences of a disaster or emergency along with terrain and the geographical area may impact the effectiveness of notification systems.
ASSUMPTIONS
This support plan was created to integrate the concepts and structures defined by the National Incident Management System (NIMS), the California Standardized Emergency Management System (SEMS), and the National Incident Command System (ICS). • All city, state, and federal processes, procedures and protocols reflected or referenced in this document were current as of the date of approval of this plan. • In any disaster, primary consideration is given to the preservation of life. Additionally, time and effort must be given to providing critical life -sustaining needs. • In a catastrophic incident, damage control and disaster relief will be required from the County, State, and Federal government, other local governments, and private organizations.
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• The City Emergency Operations Center (EOC) may or may not be activated in support of an event. EOC activation will be determined based on the scope and scale of the event. • There may not always be sufficient time to notify the public prior to an emergency but the City will make every effort to provide emergency alerts and warnings as expeditiously as possible.
• Communications infrastructure could be damaged causing disruption in land -line telephone, cellular telephone, radio, microwave, computer, and other communications services. Re-establishment of communications infrastructure will be critical. • This support plan is meant to function as a coordination tool when distributing early warnings to the public, when necessary and not necessary, for on -going crisis messaging. • Detailed information regarding an incident may not be available at the onset of a disaster or in the midst of a disaster depending on the nature of the event. As more information becomes available, the City will distribute updates as needed. • Power outages, damage to infrastructure, and cybersecurity breaches could all impact the ability of communication systems to transmit information to the public. This plan incorporates multiple types of notification methods and ways of activating alerts to ensure emergency notification is still received by the public as much as possible.
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A public alert is a communication intended to attract public attention to an unusual situation and motivate individual awareness. The measure of an effective alert message is the extent to which the intended audience becomes attentive and searches for additional information.
A public warning is a communication intended to persuade members of the public to take one or more protective actions to reduce losses or harm. The measure of an effective public warning message is the extent to which the intended audience receives the message and takes protective action and/or heeds the guidance.
ROLES AND RESPONSIBILITIES
Planning for, preparing and disseminating alerts and warning are the responsibility of multiple levels of government. Each level of government — and designated entities within those levels — hold responsibility and/or authority to ensure the overall effectiveness of the local alert and warning system.
It is an inherent responsibility to keep the public informed about natural, human -caused, and technological disasters while providing them with protective actions for themselves and their families. As the local municipality affected, the City of Temecula would have the most accurate and timely understanding of the situation, necessary protective actions, and potential adverse impacts of the incident. It is incumbent upon the City and the OEM to rapidly communicate to the public what is occurring and any steps or actions the public needs to take.
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These actions could include, but are not limited to:
• Evacuation orders (including evacuation routes, shelter info, key information, etc.) • Locations of points of distribution (food, water, etc.) • Direction to move to higher ground
• HazMat incidents
• Red Flag warnings
• Weather alerts
• Lockdown
• Shelter -in -Place guidance
The above actions may trigger the City of Temecula to send out an alert via one or more of their alerting tools. Specifically, the City of Temecula, as an alert and warning entity, is responsible for:
• Enactment of ordinances and/or policies identifying local roles and responsibilities to enable the issuance and coordinated dissemination of alerts and warnings to the public by responsible officials within their jurisdictions regarding imminent threats to human life and health or extraordinary threats to property
• Installation, maintenance, user training and exercise/testing of local public alert and warning capabilities within their jurisdiction
• Understanding the access and functional needs -related considerations associated with public alert and warning systems and messaging
• Obtaining authority and tools for accessing federal warning systems as a Collaborative Operating Group (COG) via the FEMA Integrated Public Alert and Warning System (IPAWS) • Participate in revisions of mandated Federal Communications Commission (FCC) local EAS plans, including approval of authorized event codes
• Development of procedures for proper chain of command for initiating, cancelling, and revoking accidental alerts, and for rapidly correcting and updating alert details as additional information becomes available
• Coordination with adjoining jurisdictions, Operational Areas (OA), the State, and the National Weather Service (NWS) regarding origination of alerts and warnings over NWS Weather Radio related to hazards that have effects across jurisdictional boundaries, and • Developing, maintaining, and submitting to the State EAS Committee a Local Emergency Alert and Warning Plan
Alerting Authority
An alerting authority is a jurisdiction with the designated authority to alert and warn the public when there is an impending natural or human -made disaster, threat, or dangerous or missing person.
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Alert Administrator
An alert administrator is the authority responsible for the implementation and use of the jurisdiction's alerting system and the use of IPAWS in accordance with agency policies, plans, and procedures.
Alert Originator
An alert originator is an individual person at the keyboard/screen composing and issuing the alert. The alert originator utilizes the jurisdiction's current system as well as the Integrated Public Alert & Warning System (IPAWS) in accordance with the alerting authority's plans, policies, and procedures to create and send out emergency messaging.
TYPES OF WARNINGS
NATIONAL WEATHER SERVICE
The NWS has responsibility for originating public warnings regarding weather hazards. The NWS operates several public alert and warning dissemination systems, including NOAA Weather Radio All Hazards (NWR), a network of over 1,000 VHF radio transmitters serving the population of the United States, NOAA Weather Wire Service (NWWS), and the Emergency Managers Weather Information Network (EMWIN). In addition, the NWS National Tsunami Warning Center issues Tsunami statements, watches, and warnings which are disseminated by the Coastal CA NWS offices. While the NWS has responsibility for weather -related alerts, local government is not precluded from sending notifications and alerts in support of weather events.
NOAA Weather Radio All Hazards (NWR)
NWR is an "All Hazards" radio network, making it a single source for comprehensive weather and emergency information. In conjunction with Federal, State, and Local Emergency Managers and other public officials, NWR also broadcasts/conveys warning and post- event information for all types of non -weather hazards — including natural (such as earthquakes or avalanches), environmental (such as chemical releases or oil spills), and public safety (such as civil emergency messages or 9-1-1 telephone outages)
EAS
The EAS is a national public warning system that requires broadcasters, cable television systems, wireless cable systems, satellite digital audio radio service (SDARS) providers, and direct broadcast satellite (DBS) providers to provide the communications capability for the President to address the American public during a national emergency. The system also may be used by state and local authorities to deliver important emergency information, such as AMBER alerts, SILVER Alerts, and weather information targeted to specific areas.
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NWS and EAS
The FCC, in conjunction with FEMA and NOAA NWS, implements the EAS at the federal level. The NWS develops emergency weather information to alert the public about imminent dangerous weather conditions.
The NWS requests activation of the EAS for imminent and dangerous weather conditions, uses NWR as its primary means to activate EAS, and NWS can assist with relaying state and local authorities' non -weather EAS messages and activations via NWR to communicate important non - weather emergency messages, such as 9-1-1 outages, shelter -in -place, and Civil Emergency Messages. However, as of 2018, CHIP ENTAC is responsible for AMBER alerts via IPAWS for the state of CA, triggering EAS and WEA accordingly.
Apart from national -level activation of the EAS, it is voluntary for EAS participants, such as radio and television stations, to further relay NWS-generated messages. NWS EAS codes can be found here: https://www.weather.gov/NWR/eventcodes .
NWS and Wireless Emergency Alerts (WEA)
The NWS coordinates with its local partners prior to issuing WEA messages for continuity of operations and effective response. The NWS in conjunction with the FCC has an established list of weather warnings that will trigger WEA for the affected area, generally defined as a polygon.
WEA messages are disseminated via FEMA's Integrated Public Alert and Warning System (IPAWS). The approved NWS warnings that will initiate a WEA are:
• Tsunami (TSW)
• Flash Flood (FFW) — including, due to dam inundation and debris flows • Tornado (TOR)
• Hurricane (HUW)
• Storm Surge (SSW)
• Dust Storm (DSW), and
• Extreme Wind (EWW)
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(PAWS
This section contains information on the software used by public safety officials to send public alerts and warnings through IPAWS.
IPAWS Architecture
Standards based alert message protocols, authenticated alert message senders, shared, trusted access & distribution networks, alerts dell—d to more puhl Ic Interface d-1—
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To access IPAWS, Alerting Authorities must purchase (or develop) a Common Alerting Protocol (CAP) - compatible software platform, which will interface with IPAWS Open to disseminate the alert message to the public. Jurisdictions should have a methodology built into their alert and warning programs for issuing alerts through IPAWS. The following checklist is provided for those jurisdictions who wish to become IPAWS alerting authorities directly.
LOCAL ALERT & WARNING PROGRAM ADVISORY COMMITTEE
The City of Temecula Alert and Warning Program Advisory Committee is a committee of the Office of Emergency Management (OEM) composed of participating departmental representatives which also make up the alert and warning team and public information.
Maintained and led by the Emergency Manager, the committee shall meet semi-annually or more frequently as established by the committee members. The purpose of the Advisory Committee is to conduct after action reviews of the system usage, coordinate ongoing administration, training, public outreach, modifications of plans, guidelines, and protocols or other issues related to the alert and warning program. All recommendations for substantive changes to the alert and warning program shall be submitted to the appropriate committee.
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LOCAL ALERT & WARNING PROGRAM SPECIFICATIONS
The City of Temecula alert and warning program:
• Contains tools for accessing the RAVE System platform • Contains a variety of tools to communicate with the staff and community during emergencies
• Consideration should be made to include tools that allow operators to geo-target alerts to the community in the affected areas of the emergency • Coordinates with all Alerting Authorities within our area of influence • Contains features for cancelling and revoking accidental alerts, and for rapidly correcting and updating alert details
• Considers geographic gaps in communication availability within the community and hazards and threats most likely to affect the local community OEM administers the city Alert and Warning Program. Maintenance, user training, exercises, and testing are coordinated through OEM as the Alert and Warning Program Administrator. For detailed instructions on accessing the system, see attached guidelines at the end of this document.
MULTI -MODAL / MULTI-PLATOFRM ALERTING SYSTEM
A highly effective alert and warning program will use as many delivery methods as possible. The most effective system leverages all opportunities to link delivery systems, such as being able to send a message through text, email, and social media through a single delivery system. It is however critical to test or exercise this connectivity on a regular basis to confirm functionality with the various delivery methods.
Fixed Location Public Address (PA) Systems
PA systems that are permanently installed at a facility are incredibly useful as they have already been designed to reach their target audience for internal messaging purposes. The challenges to be aware of are coordination with the system owner to use these systems. In some instances, a system can be automatically triggered, and in others it is a more manual procedure.
Mobile PA Systems
Public address loudspeakers are sometimes attached to emergency response vehicles to notify people in more remote areas or ones not covered by loudspeakers. Careful attention must be paid to the intelligibility of a message by the target audience. Vehicle mounted systems may contain a slightly longer message provided the operator drives slowly enough for the entire message to be heard. Special care must be used when relying on hand systems, such as bullhorns, to enunciate the message as clearly as possible as the device itself can be hard to hear/understand.
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Telephone Alert Systems (TAS) (e.g. Reverse 9-1-1)
Many localities possess the capability to call or text telephone numbers from an organizational database and play an audio message or leave a text message. Such systems can be very effective when notifying a known list of recipients, such as the members of a team, organization, or student body. The possibility of precise geographic targeting of messages has made such systems extremely popular. Telephonic notification systems can provide extensive warning information.
The amount of time to execute all calls, however, can be limited by the local telephone infrastructure, length of a verbal message, or limits on the technology initiating the call.
E-Mail Distribution
Many jurisdictions may already have e-mail distribution to various target audiences and might not even realize it. The city has a multitude of email distribution lists for different positions, departments, groups, and categories that most of the staff are enrolled in or assigned to.
Externally, almost every system that you manually sign up for will request an e-mail address for the account. Some websites have opt -in e-mail distribution systems designed to push e-mail notifications to target audiences when a webpage is updated, or an emergency alert is published.
Website Over -Ride
Many websites managed by external companies via Content Management System can override the home page of the website and display an emergency message prior to being redirected to the normal homepage. Temecula's Information Technology Department is the content owner of our internal Share Point site and external forward -facing website. The staff of IT can change the information on the "splash page" to provide emergency information as well as providing a page or banner on the external website for any visitors that may go to our page.
Social Media
Social media has become a critical component to disseminating emergency messaging, instructions, and recovery information to both the media and the public. Due to its unique nature, it functions instantaneously and creates the appearance of a highly official two-way dialogue between the agency and very large groups of people, including news media and stakeholders.
Messaging for social media must be very carefully managed. It has the capability to deliver text, audio, video, images, infographics, maps, and other data and requires a skill set of regular use.
These platforms have inherent expectations for two-way engagement (the agency will be responsive to questions and comments through responses) and therefore demand more staff time and resources. Additionally, these platforms can be resource -driven with needs for graphic design and video production to produce content that performs better on the various channels.
Social media is more successful when the community is engaged and aware of accounts prior to a disaster. Social platforms may include:
• Social networking
• Image sharing and messaging
• Video sharing
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• Social blogging, and
• Social community
Considerations for incorporating social media into alert and warning before, during, and after emergencies include:
• Social media outreach is highly dependent on working cellular and data networks that may be impaired or down during and following an emergency • Consider the variety of languages and the complexity of language to post in postings • Social media is highly effective at reaching the news media, which may assist in more broadly sharing messages
• Briefings and updates via live and recorded video are recommended when internet access and bandwidth allows
• Allow public comments to be posted and seen; two-way engagement is expected by the public and dedicated staff resources are necessary to facilitate it. This is controlled by rumor management personnel assigned to the JIC
• Be aware that social media usage varies widely among different social, economic, and demographic groups. Information gleaned from social media analysis may not reflect a balanced or complete picture, and
• Ensure messaging is consistent across all alerting platforms City Owned Sound Systems
The City of Temecula has upgraded its Old Town outdoor sound system to allow pre-recorded information to be played reminding the public of upcoming city events and/or road closures that impact Old Town. This system is tapped into during special events in Old Town and information is published by a live person during the event. This system is key and critical in the event of an emergency and can serve as a platform for providing the public in Old Town with the necessary information and actions to be taken to ensure their safety.
Auxiliary Disabilities, Access, and Functional Needs (DAFN) Tools DAFN Coalition — The Office of Emergency Management (OEM) and the Temecula Community Services Department (TCSD) work collaboratively with community stakeholders who represent and serve people with disabilities and others with access and functional needs. Through these community partnerships, the city can, when necessary, communicate warnings and notifications with disability service institutions, independent living centers, community groups, etc. that will be trusted and reliable relays of information to the people in their network. emPOWER Data — the emPOWER dataset is a Department of Health and Human Services (HHS) data that can be used to provide the field and emergency operations center (EOC) with timely and accurate information on DAFN populations that are reliant on electricity dependent CITY OF TEMECULA P a g e 125
ALERT & WARNING PLAN - 2024
equipment and medical therapies. This data contains household specific information for all individuals who receive Medicare provided durable medical equipment.
In certain situations, this data can be used as an additional method of providing targeted, potentially life-saving notifications to at -risk and vulnerable population groups. This targeted approach to notifications is consistent with the best practice of multiple modes of communication for DAFN populations.
ShakeAlert
The United States Geological Survey (USGS) operated ShakeAlert Earthquake Early Warning System detects significant earthquakes so quickly that alerts could reach many more people before shaking arrives. ShakeAlert is not earthquake prediction, rather when one receives a ShakeAlert-powered alert it indicates that an earthquake has begun and shaking could be imminent. The USGS produces ShakeAlert Messages which contain an estimate of earthquake location, size (magnitude), and distribution of shaking. Alert delivery comes by other public and private means (internet, radio, television, cellular), including WEA alerts delivered by FEMA's IPAWS system. USGS licensed alert distribution partners operate in critical sectors such as utilities, hospitals, transportation systems, educational environments, and more are in development. The USGS and its partners continue to expand these applications in coordination with state agencies in Washington, Oregon, and California.
Least
C
0 N
Aula
o
EA)
6 Q7
U_
Websites/ Social Media &
Traditiona I Media
Field Notifications
Most
Comprehensive Messaging Utilizes ALL Appropriate Tools
When Moving Up the Pyramid. Use Lower Tools as Well
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PROCEDURES
Guidelines for Issuing Alert and Warnings
Events and incidents can evolve in extreme ways. Alert and warning shall be an integral component of the City's response to those events. Issuing public alerts and warnings requires the exercise of reasonable and well-informed judgement. This action must be well practiced and familiar to the alert originator when incidents dictate.
There is no all -encompassing formula for making warning decisions. There are, however, some evidence -based principles and best practices that can help guide the decision maker:
• Incomplete or imperfect information is not a valid reason to delay or avoid issuing a warning. Time is of the essence, as recipients of warnings will need time to consider, plan, and act after they receive a warning message. This is particularly true among staff and individuals with disabilities and staff and family members with access and functional needs. They may require additional time to evacuate or may be at increased risk of harm without notification.
• Utilization of alerting mechanisms within the city framework should be a primary route to issue alerts and warnings to ensure the greatest number of recipients within the impacted area are being alerted.
• The responsibility for issuing alerts and warnings during an emergency rest with designated City leadership — known as Alerting Authorities — these may include personnel such as the City Manager or Assistant City Manager.
• Temecula's plan has identified our Alerting Authority(ies) as:
➢ City Manager
➢ Assistant City Manager
• Warning messages can, and should be, updated and refined as additional information becomes available. Additionally, when the threat or warning messages are no longer applicable, a message stating it no longer applies should be sent. • Warning messages sent in error should be updated, clarified, or retracted within 10 minutes from the message being confirmed as being erroneous.
Coordination of Notifications
The City Manager's Office, Office of Emergency Management, and the Public Information Officer work collaboratively to coordinate efforts when utilizing the alert and warning program. Alert and warning notifications that extend across multiple jurisdictions will be communicated and coordinated with the impacted and neighboring jurisdictions.
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Authorized Users
System access and authorization to send broadcasts is the responsibility of the designated and authorized mass notification Alerting Authority delegated to the Alert Administrators. Each Alerting Administrator and Originator will:
• Have his/her own password
• Not share passwords
• Ensure passwords meet stringent security measures
• Change their password every 90 days
• Not exceed their authority in the use of the system
• Log off the system before leaving their workstation
System Of Record — City of Temecula
System
RAVE
FEMA IPAWS (using RAVE Alert)
NOAA Weather Radio
All Staff E-Mail
Social Media
Access Approval Body
OEM
OEM / PIO
Local NWS Warning Office
Director of Human
Resources
Public Information Officer
Permissible Use
OEM / Alert & Warning Team
OEM / Alert & Warning Team
None
OEM
PIO / Designated Alerting Personnel
System Training
All system users must receive proper training in the use of the alert and warning program prior to being granted access to the system platform. Once the training is completed, this will be documented in the City's Learning Management System (LMS) and authorization to access the system will be granted based upon the level of training received and the authorization level required for messaging. OEM and Human Resources maintain training records of all authorized users and will grant access to system users based on roles assigned. The required training for each member of the team is as follows:
• Alerting Authority
➢ FEMA IS-251.a IPAWS for Alert Administrators (Once)
• Alert Administrators
➢ FEMA IS-251.a IPAWS for Alert Administrators (Once)
➢ FEMA IS-247.b IPAWS for Alert Originators (Once)
➢ RAVE Alert (Every 2 Years)
• Alert Originators
➢ FEMA IS-247.b IPAWS for Alert Originators (Once)
➢ RAVE Alert (Every 2 Years)
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Allocation of Sufficient Resources
Adequate staffing and resources to operate the alert and warning program in an effective manner must be scalable and based on the risk analysis within the Emergency Operations Plan. A minimal staffing level will be maintained to ensure the availability of a trained operator to operate the alert and warning program.
Staffing Availability
The Office of Emergency Management will be available 24/7, and available to activate emergency alerts as required. If OEM cannot be reached or will be out of the area, a member of the alerting team (with 24-hour response capability) will be designated as a back-up alerting originator in advance.
System Redundancy
The system is available 24/7, and accessible from any location via the World Wide Web, including out -of -area locations. If the primary system is not available, OEM will work with the Riverside County Emergency Management Department (EMD) as the back-up system (Alert RIVCO) to ensure that emergency messaging is made available. This information is also defined in the Communications Plan of the EOP and the Continuity of Operations Plan.
Exercises
As a shared goal, the City of Temecula will participate in one or more annual exercises to validate the collaboration, coordination, system proficiency, integration, and knowledge of our alerting staff. In addition, the City of Temecula will exercise their mass notification and recall capability once per quarter as directed by the FEMA IPAWS Agreement.
Required Testing
Required system testing includes:
0 RAVE Alert
o Validation and recall message to the Temecula Citizens Corps (TCC) (Quarterly) o Validation and test message to the City Staff (Bi-Annually) o Reverse 911 (Annually)
• FEMA IPAWS
o Monthly Test Message to the IPAWS Lab
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NOTIFICATIONS
Alert and Warning Messaging
Warning messages that do not answer key questions may lead to those affected seeking additional information from uninformed friends or relatives, or other sources of misinformation, such as rumors, superstitions, and urban myths. To maximize warning effectiveness, the tone of the language of a warning message should be:
Specific — The message should make it clear which people are at risk and what protective action they should take. Inevitably, some people who are not at risk will receive the message; they should be able to determine that from the message text. ' Consistent — The public should receive consistent and mutually reinforcing messages through all media and from all sources.
Confident — Even if the underlying information is uncertain, there should be no hedging or ambiguity about the protective action recommendations.
Clear — Wording must be in simple language that can be easily understood. Technical jargon should be avoided.
Accurate — If people learn or suspect they are not receiving correct and complete information, they may begin to ignore both the message and the source.
Emergency Alert and Warning message content is driven by the rules governing the Integrated Public Alert and Warning System (IPAWS) and the State of California Alert and Warning Guidelines of March 2019. Pre -scripted messages have been developed following the best practices described by FEMA and CalOES, but final message content is determined by the message requester working with the message writer. Many warning delivery systems have limitations on character length or composition that require a warning message to be brief.
However, "keep it short" is not necessarily a good guideline for composing a warning message.
The warning messages should address five essential topics:
Because of character limitations and inability to include multimedia in most initial notifications, it is also recommended to include a URL or link to a website that hosts alert information, or to drive alert recipients to monitor media outlets for additional information. Be sure to confirm the capacity of the resource to avoid the potential of overloading the site.
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The following diagram, adapted from Dr. Dennis Mileti's 2018 FEMA PrepTalk, shows how source, threat, location, guidance/time, and expiration time are arranged in a message template and in a sample message.
EXAMPLE
"LCPDheck and monitor local
Mt -did now Explosion at Superior
dam Potential damage and
Heading Fin 5herrria Heigttts
Message expires 8:4d AM PDT
TEMPLATE
[Insert tiNe and organizatipn of a Ipral, familiar,
S0 R[F
authoritahve message source] cheek and monitor
&MXL rre/T*W
local meella now jinsert descrlption of event, dam
nyRFAr
name, and threat here] in [insert location of threat
IQCATMW
here] Message expires [insert time here]
VxPIRanoN rrME
Graphic Credit: Dr. Dennis Mileti (2018) https://www.fema.gov/preptalks/mileti California Standard Statewide Evacuation Terminology
This section identifies the standardized evacuation terminology for use across the State of California. This terminology, developed by CaIOES in collaboration with public safety partners demonstrates the state's continued leadership in protecting lives and property through clear and consistent alert and warning protocols. Born out of necessity during the 2017 and 2018 catastrophic wildfires, it exposed inconsistencies in terminology that local governments were using when informing their residents of the need to evacuate, shelter -in -place, and to return home. These inconsistencies led to confusion among the public at a moment when clarity and certainty were needed most.
• Evacuation Order: Immediate threat to life. This is a lawful order to leave now. The area is lawfully closed to public access.
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• Evacuation Warning: Potential threat to life and/or property. Those who require additional time to evacuate, and those with pets and livestock should leave now. • Shelter -in -Place: Go indoors. Shut and lock doors and windows. Prepare to self -sustain until further notice and/or be contacted by emergency personnel for additional direction. • Evacuation Order(s) Lifted: The formal announcement of lifting evacuations in an area currently under evacuation.
• Hard Closure: Closed to all traffic except fire and law enforcement. • Soft Closure: Closed to all traffic except fire, law enforcement and critical incident resources (i.e. utilities, CALTRANS, City/County Roads departments etc. or those needed to repair or restore infrastructure.
• Resident Only Closure: Soft closure with the additional allowance of residents and local government agencies assisting with response and recovery.
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ALERT & WARNING METHODS & TECHNOLOGIES
Methods
A successful alert and warning program is one that incorporates multiple methods and technologies to accomplish the goal of reaching the largest percentage of the target population.
Selecting specific methods and technologies that will be most effective for the jurisdiction's demographic, cultural, and geographical area should consider:
• Mobile phone usage rate of target population
• Community's adoption of Voice Over Internet Protocol (VOIP) vs traditional land -line • Potential "off -the -grid" sub -communities
• Generational usage of text vs email
• Proportion of local vs. transient population, such as travelers • Connectivity and bandwidth limitations of the community's geography and infrastructure • Individuals with access and functional needs (AFN) (i.e. people with disabilities, seniors, children, limited English proficiency, and transportation disadvantaged) Important Considerations
All warning systems need to be protected from:
• Unauthorized activation
• Improper use
• Cyber security gaps
• Interference with authorized activation (denial of service) and • Outage due to lack of duplication or back-up services Special consideration should be given to implementing redundancy and enhancing interoperability, whenever possible, to prepare for:
• Loss of power
• Loss of cell towers or overloaded cell systems
• Internet outages
• Overloaded networks
• Cyber-attacks
• Ability of carriers to redistribute
• Overloaded infrastructure
• Cross -jurisdictional needs and
• Availability of staffing to effectively manage and deploy systems CITY OF TEMECULA P a g e 134
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Access & Functional Needs Considerations
To ensure messages are developed for maximum accessibility, alerting platforms should ideally include the ability to control the following:
• TTY/TT D
• Font size
• Color analyzer
• Sound & vibrations
• Flashes
• Use of attachments (video)
• 508 compliances (use of screen -readers)
• Posting of accessible electronic content, documents, and videos and • Video relay as an option
Alert & Notification Schedules
To ensure the community is receiving relevant, timely, and actionable emergency information, the following items should be considered:
• Clearly designate a position within response operations to monitor current alert and warning content
• Ensure the alerting authority, alerting originator, Public Information Officer (PIO), Joint Information Center (JIC), and designated social media staff are synchronized on current notifications and
• Establish a schedule for determining whether the alerting and warning activities are achieving the intended outcomes, i.e. the public is responding as intended. (This can be built into shift briefings.)
Note: Some alert and warning systems have a maximum time limit. Ensure all alerting stakeholders are aware of when messages may need to be renewed.
Translation of Notifications
The City of Temecula is comprised of many diverse communities, some of which include Limited English Proficiency populations. Identifying the most commonly used languages and having a process in place to translate warning messages will ensure the greatest number of residents of the city receive the warnings that are being sent. It is important, however, to not let the inability to translate a message delay notification when time is of the essence and lives are at risk.
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Culture
Due to the rich cultural diversity within the city and in California, communities may respond to messaging in an alert in different ways. For example, some communities may respond negatively to instructions from the government. Prior to an incident, it is important to locate trusted agents within communities who can help convey the intended meaning of a message and educate the impacted community on the jurisdiction's alert and warning program. This may include religious leaders, non-profit agency representatives, local elected officials, or prominent business owners within the respective community. Leveraging the relationships that have been established with these leaders will be a force multiplier when the time comes for a warning to be communicated out to the community.
Translation Technologies
Reduce reliance on free digital translation services as they can often misinterpret the message. Where feasible, contract for translation services, such as local translators and/or telephonic interpretation services.
Message Library
Jurisdictions are encouraged to establish a message library with sample messages that have been translated into the languages most commonly used in the communities that they serve. Pre -planned messages can save time in a disaster and ensure that accurate translations exist for messages that are critical for the community.
Pre -Message Coordination
Inform all critical stakeholders of the notification contents and implications prior to full message dissemination, as feasible while maintaining timely notification under emergency situations. Use message templates to ensure consistency of content delivery and use checklists when informing critical stakeholders.
To the extent a warning originator has the ability, warnings should be targeted to the area known to be at risk, while coordinating with any other affected jurisdictions as soon as possible. If the initial warning originator lacks the ability to deliver warnings to the at -risk area, coordination with other jurisdictions should be given priority. Having relationships in place to ensure continuity of operations is imperative. If a warning is issued from a higher level of government or jurisdiction, lower levels within the target area of the initial warning need not repeat that warning. However, local jurisdictions should issue additional warning messages, or request assistance from an Alerting Authority, if needed, to communicate local variations on the recommended protective action, to expand the target area for the message, or to utilize local warning dissemination capabilities that will enhance delivery of the warning to people at risk.
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Evacuation messages are particularly demanding on their originators, as they must be coordinated with agencies responsible for transport, traffic control, and evacuee reception and sheltering. Confusing and/or uncoordinated evacuation orders can have unintended adverse consequences. Evacuation messages must come from the jurisdiction's designated authority, often the local law enforcement authority and should address issues such as:
➢ Direction of the destination of travel (include a map image if possible) ➢ Routes to be used and routes to be avoided
➢ Means of travel (by auto, by bus, or on foot, etc.)
➢ Accessible transportation and sheltering resources
➢ Things to take along (papers, medications, pets, etc.) ➢ Expected duration of relocation (a few hours, a day, etc.) and ➢ Phone or social media links for additional information Post -Message Coordination
Evaluate whether or not another message is warranted, if clarification is needed, or "message fatigue" is occurring.
When to Issue Alert and Warning
Warnings should be issued when there is an imminent threat to life, health, or property. This can include alerts and warnings issued in advance of forecasted severe weather events when doing so will give the public time to evacuate. When a threat exists, even though it might not be imminent, such as a Red Flag Warning, hurricane, or flooding, it is advised to communicate that threat out to the staff so that they may be better prepared. Warning systems, such as sirens, while helpful in alerting a community of a hazard, should not be used for reassuring the staff that an ongoing situation or an upcoming event is not hazardous; other public information channels should be used for those purposes instead.
The City of Temecula should issue alert and warning messages as soon as feasible given the circumstances of the situation. Access to the designated alerting authority and alerting originator should not be delayed due to limited resources or non -operational equipment. Designated alerting staff should have ready and reasonable access to primary or back-up alerting systems and be properly trained and well versed in how to operate the equipment.
Fear of triggering "panic" is NOT a valid reason to delay or avoid issuing a warning. "Mass panic" very rarely occurs as the result of a warning message. Note that justified anxiety or physical flight is not the same as panic. When public warning information is delivered by a credible alerting authority, the staff should respond by following the recommended actions. Rarely do such warning messages lead to mistrust or panic.
When dealing with uncertain or conflicting information about a threat, the Alerting Authority should choose to err on the side of protecting the staff. Some warning systems have provisions for communicating the general degree of certainty associated with threat information but may CITY OF TEMECULA Page 137
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only permit a yes -or -no decision as to warning the public. Reasonable detail should be provided, but a warning message is not the place for extended discussion of data or probabilities.
Irrelevant warnings can fatigue the staff rapidly and lead to recipients discounting further warning messages or opting out of receiving future alerts and warnings. Every effort should be made -within the capabilities of the warning systems(s) — to limit the warning to people actually at risk. Warning systems become more effective to the extent they can target limited areas or specific at -risk locations or populations.
Structured training and practice will reduce false alarms. It is recommended that the alerting capability be practiced either in a simulated environment or in real time no less than twice a year.
While repeated false alarms can be damaging to the credibility of both the source and the delivery channel, false alarms or erroneously issued warnings historically have not significantly eroded staff confidence in issued warnings if they were promptly corrected or retracted.
Warning originators should use their best judgement but err on the side of staff safety.
How to Issue Alert and Warning
Warning messages should be distributed to all members, to the extent possible, of the community who are at risk, including commuters, travelers, staff members and families with disabilities. People rarely act on a single warning message alone. To be effective, warnings should be delivered in various formats across multiple media platforms, both to increase reliability of warning delivery and to provide a sense of corroboration that will encourage our staff to take protective actions. The city has multiple methods to send out warning messages, and each of these tools should be utilized with similar messages to ensure that the greatest number of staff, whether at work or at home, receive the messages. When sending out messages, coordination amongst the jurisdictions within the impacted area is important to reduce confusion and ensure contradictory messages are not being sent.
Prohibited Use
• Unauthorized disclosure of personal data contained within the system • Manipulation or usage of system or data beyond ascribed user level • Any usage beyond the scope as outlined in this plan
Emergency Use
Emergency use covers incidents where life or property is threatened, and responders need affected community members to take immediate protective actions. Proactively deliver emergency messages. The nature of the incident and directions from authorized public safety officials will dictate the specific protective action instructions for a given incident or event.
OEM, in consultation with the Alerting Authority, will determine whether the alert and warning program should be activated. The Alerting Authority may designate Authorized Users within OEM with pre -approval to disseminate emergency messages using the alert and warning program.
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Send emergency messages in the most targeted manner possible to avoid "alerting fatigue" of unaffected members of the staff.
When appropriate, follow-up notifications should be broadcast through the emergency alerting systems to provide the impacted area or staff with critical updates or changes to the message, or to notify them that the emergency has concluded. When an evacuation order has been lifted, consideration should be given to the scale of the incident and the number of evacuees. To minimize confusion and ensure an organized reentry process, other available means of disseminating this information should be strongly considered.
Non -Emergency Use
The alert and warning program may be used to disseminate non -emergency information.
Alert and Notification Schedules
To ensure the community is receiving relevant, timely, and actionable emergency information, the following items should be considered:
➢ Clearly designate a position within response operations to monitor current alert and warning content
➢ Ensure the alerting authority, alerting originator, Public Information Officer (PIO), EOC Director and designated social media staff are synchronized on current notifications and ➢ Establish a schedule for determining whether the alerting and warning activities are achieving the intended outcomes, i.e. staff are responding as intended (this can be built into shift briefings)
CITY OF TEMECULA ALERT AND WARNING TEMPLATES
Below are templates that currently reside within the City of Temecula Mass Notification System and can be published as is or edited for additional information and use. These templates are what are currently housed within the system are not exhaustive. Final messages should always be tailored to the specific needs of the unique event precipitating their need. • Bomb Threat
• Active Assailant / Shooter
• Evacuation Warning / Order
• Extreme Weather Alert
• Fire Alert
• Lockdown
• Shelter in Place
• Utility Outage
• Traffic Advisory
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PRIVACY POLICY
It is policy that each member preserves and protects the integrity and privacy of personal data collected for use with the alert and warning program. No personal data will be disseminated or extracted from master records, nor reports be produced as part of the alert and warning program will be used for purposes other than mass notification.
While an after -action report is recommended for all emergency notifications, it is only required when it is coupled with an emergency affecting the city. OEM will be responsible for completing and forwarding the report to the Executive Staff within 90 days after the close of the incident or event.
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APPENDIX A: CITY OF TEMECULA EMERGENCY PUBLIC
INFORMATION AND WARNING INCIDENT TEMPLATE SELECTOR
All of Temecu la n eed s
to take emergency
Extreme danger is
action now
likely to occur soon or
i s o ccu rri ng now.
YES
Recipient needs to
Specific areas of
Imminent Threat -
Howwould you
take action now -
Temecula need to take
Targeted Area with WEA
d escri he the danger to
emergency action now
Does your
the mes sage recipient?
m es s age tell th a
The danger could affect
recipient to take
Moderate danger is
everyone in Temecula
C�wr�h
time sensitive
possible in the near
future_Recioient
emergency
needs to b e ready to
protective
take atria n.
The danger is in a
Pub li c Safety -
actions to keep
specificarea
Targeted Area with WEA
themselves safe
Messages with urgent
from an actively
19E<
pu b lic safety
dangerous
i nfo rmatio n th at
Message Distribution
appliestcthe whole
situation?
me
City
Channels
afety
I m m ine m Th rear
your
WEA-imminent Threat Category
Temecula ALE RT - VD i ce an d Text Gas ed System
Messages with urgent
Temecu la ALERT -E-mail
public safety
Public Safety
information that
WEA- Pu b lic Safety Category
ap p li es to a s pecific
Temecula ALERT
area
Text Based System
• Voice- Optional (time of day/severity)
Notifications
• WEA-Notapplicable
• Temecu la ALE RT-Text ONLY
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Category
Description
Target Contact Methods
Emergency instructions on protective actions for
WEA
recipients citywide to follow due to an extreme danger
• Imminent Threat Category, Simplified
actively occurring or likely to occur immediately.
full City WEA Shape
Message should be approved by the Incident
Temecula ALERT
Commander and/or Emergency Manager in
• Phone Call, Text, Email, Social Media,
concurrence with PIO & City Manager
Website
Example: Post -Earthquake
Emergency instructions on protective actions for
WEA
recipients in a targeted area to follow due to an
• Imminent Threat Category, Specific
extreme danger actively occurring or likely to occur
Targeted Area
immediately. Message should be approved by the
Temecula ALERT
Incident Commander and/or Emergency Manager in
• Phone Call, Text, Email, Social Media,
concurrence with PIO & City Manager
Website
Example: Post -Earthquake
Public Safety -
Emergency instructions on protective actions for the
WEA
Citywide
recipients citywide to take due to a moderate danger
• Public Safety Category, Simplified full
likely or possible in the near future. Message should be City WEA Shape
approved by the Emergency Manager and PIO
Temecula ALERT
• Phone Call, Text, Email, Social Media,
Website
• Optional: Phone Call: Based on time of
Example: Curfew
day / urgency
Public Safety—
Emergency instructions on protective actions for the
WEA
Targeted Area
recipients in a targeted area to take due to a moderate • Public Safety Category, Targeted Area
danger likely or possible in the near future. Message
Temecula ALERT
should be approved by the Emergency Manager and
• Phone Call, Text, Email, Social Media,
PIO
Website
• Optional: Phone Call: Based on time of
day / urgency
Example: Gas leak or Shelter in Place
Notification -
Urgent messages that advise on timely public safety
Temecula ALERT
Citywide
information citywide. The message should be approved
• Text, Email, Social Media, Website
by the Emergency Manager and the PIO.
Example: Mask ordinance or Dangerous Weather
Notification—
Urgent messages that advise on timely public safety
Temecula ALERT
Targeted Area
information for a specific area. The message should be
• Text, Email, Social Media, Website
approved by the Emergency Manager and the PIO.
Example: Avoid the area due to a broken water main
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APPENDIX B: TEMECULA ALERT — EMERGENCY TEMECULAAA
I&3
PHONE' (MAIL' wE0TV ' WE0' w('YE GOT IT COVERED
ALERT MESSAGE CONSTRUCTION GUIDE
Variables
Source: Name of the agency who requested the message: RSO, CALFire, TVUSD, Rancho Water, City of Temecula
Protective Action: Shelter -in -Place, Evacuate, Take Health Precautions, Avoid the Area Hazard: Gas Leak, Active Shooter, Wildfire, Earthquake, Curfew, etc.
Location: State boundaries of the impacted area. Use street names, landmarks, easy to understand location information
Duration/Expiration Time: How long does the recipient need to take this action. "Now" will fit for most emergency scenarios.
90 Character Message
Order of Variables: Source, Protective Action, Hazard, Location, Duration/Expiration Time Rules: Spaces and punctuation are part of the 90-character count. Do not include any special characters/characters not found on a typical keyboard. Do not copy and paste into RAVE — type directly into the system. Whenever possible, include a link for more information.
Example (90 Characters): City of Temecula: Evacuate from gas leak. One mile radius of the CRC evacuate now temeculaca.gov
360 Character Mess
Order of Variables: Source, Protective Action, Hazard, Location, Duration/Expiration Time Rules: Spaces and punctuation are part of the 360-character count. Do not include any special characters/characters not found on a typical keyboard. Do not copy and paste into RAVE — type directly into the system. Whenever possible, include a link for more information.
Example (360 Characters): A major gas leak has triggered an evacuation order for the area within a one -mile radius of the CRC. Everyone within the perimeter of Margarita Road, Pauba Road, Rancho California Road and Ynez Road should evacuate immediately. A shelter is set up at Great Oak High School on Deer Hollow Way.
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If You Encounter Any Problems Sending the Alert, Contact:
For technical assistance with the software, contact the Emergency Manager 24/7 at 951-491- 9037.
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APPENDIX C: ALERT AND WARNING SAMPLE MESSAGES /
TEMPLATES
Below are sample messages the City of Temecula can use as a guide to draft a specific message relevant to a local emergency. These samples have been taken from the California State Alert and Warning Guidelines and are not exhaustive. Final messages should always be tailored to the specific needs of the unique event precipitating their need.
Evacuation Sample Messages
Long Messages
➢ This is (agency) with a mandatory evacuation order for (location). Take the following protective actions and leave immediately; 1. Gather all family members. 2. Gather all pets. 3. Gather only essential items. 4. Be sure to bring essential medications with you.
5. Turn off all appliances and lights in your home. 6. Lock your home. The evacuation route is: (evacuation route). An evacuation center is open at (name and location of evacuation center). For more information, please tune to local radio and television stations, visit (URL), or call (inert resources). Please listen to (radio station) for updated details.
➢ The Marin County Sheriff's Office is issuing a mandatory evacuation order for (location).
The National Weather Service has issued a flood warning for (location). All residents in the impacted area should evacuate immediately. An evacuation center/shelter is open at (location). For more information go to (insert resource). Please listen to (radio station) for updated details.
Short Messages
➢ Wildfire threat — Evacuation Order for (location) — leave now — details on (agency) website
Shelter -in -Place Sample Messages
Long Messages
➢ This is (agency) reporting mandatory shelter -in -place for residents in (location) due to a hazardous materials release. Take self -protective actions immediately. 1. Go inside immediately and stay inside your house or building. 2. Bring pets indoors only if you can do so quickly. 3. Close all windows and doors. 4. Turn off air conditioners and heating system blowers. 5. Close fire place dampers. 6. Gather radio, flashlight, food, water, and medicines. 7. Call 911 only if you have a true emergency. You will be advised when this dangerous condition has passed and it is safe to go outside and resume normal activities. For more information, please tune to local radio and television stations, visit (URL), or call (###-###-####).
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➢ The Fire Department requests everyone within a % mile radius of (location) to get inside and remain inside due to a hazardous materials release. Stay indoors, closer your windows, turn off your air conditioner and/or heater, and bring your pets indoors.
More information to follow. (URL)
Short Messages
➢ Hazardous Materials release. All within % mile of (location). Get inside. Stay Inside. Stay Tuned.
Weather Awareness Sample Messages
Long Messages
➢ This is (Agency) reporting mandatory evacuation order for (location) due to potential flooding. Take the following protective actions and leave immediately; 1. Gather all family members or other individuals. 2. Gather all pets. 3. Gather only essential items. 4.
Be sure to bring essential medications with you. 5. Turn off all of your appliances and lights in your home. 6. Lock your home. The evacuation route is: (insert evac route). An Evacuation Center is open at (insert where). For more information, please tune to local radio and television stations, visit (URL), or call (###-###-####). ➢ The National Weather Service is predicting flooding in (location) within the next 24 hours. Police are advising residents who live in this area to be prepared for potential evacuations at any time. Info on how to prepare to evacuate is (here). Updates to follow.
Short Messages
➢ Flood warning for (location). Avoid area. Turn Around — Don't Drown. Stay tuned for updates.
Active Shooter Sample Messages
Long Messages
➢ This is (insert agency) reporting an active shooter near (location). Avoid the area. If you are near (location), get inside, stay inside, and take the following protective measures:
1. Go inside immediately and stay inside your residence. 2. Bring pets indoors only if you can do so quickly. 3. Close and lock all windows and doors. 4. Call 911 immediately if you have a true emergency or hear or see any suspicious activity in or near your location.
You will be advised when your safety is no longer at risk. For more information, please tune to local radio and television stations, visit (URL), or call (###-###-####). ➢ As of 11 am, Police advise the public to avoid area of (location). Officers are responding to an Active Shooter. Those located in the area should seek shelter and mute phones. If engaged with the shooter, RUN, HIDE, FIGHT. Please go to (URL) for additional information and standby for further instructions.
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Short Messages
➢ Active shooter near (location). Avoid Area or Run, Hide, Fight. Stay tuned in for updates.
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APPENDIX D: ALERT & WARNING PROGRAM CHECKLIST
Minimum expectation checklist for jurisdictions and designated Alerting Authorities implementing an alert and warning program within the State of California.
Establishing an Alert & Warning Program
❑
Develop a Local Alert & Warning Plan that includes all of the key steps below.
Clearly identify and train designated Alerting Authorities within the jurisdiction ❑
on local alert &warning capabilities and their role and responsibilities in the Local Alert & Warning Plan.
Clearly identify and train designated Alerting Originators within the ❑
jurisdiction an local alert &warning capabilities and their role and responsibilities in the Local Alert & Warning Plan.
Develop a training plan for Alerting Authorities and Originators to ensure expertise on local alerting protocols, system expertise, and IPAIWS, including ❑
Emergency Alert System (EAS) EventCodes and Wireless Emergency Alerts 1NEA .
Apply for IPAWS at https://www.ferna.gov/hcw-sign-lpciws to obtain El
authority and tools foraccessing federal warning systems.
Select, install, and train on a public alert & warning platform that ❑
incorporates a wide range ofalerting methods.
Establish redundant alert & warning capabilities via neighboring ❑
jurisdictions, the Califamia StateWarning Center, and the National Weather Service.
Test coordination protocols with the primary and secondary Public Safety El
Answering Point (PSAP) per the Local Alert & Warning Plan.
Coordinate alert and warning protocols with cross -agency, cross - ❑Jurisdictional
partners, the State, and the National Weather Service (NWS). :Ell
Confirm that the warning system technology is secure, and software is up to date.
Identify and train multiple individuals as designated Alerting Authorities and ❑
Originators to ensure someone with authority to approve an alert and someone with the ability to execute an alert is accessible at all times.
Ensure messaging platforms account for accessibility considerations for ❑
individuals with access or functional needs.
Conduct routine emergency exercises and drills to test the Alert and v+larning ❑
System, includingalerting protocols, roles and responsibilities, and technology capabilities.
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Read and understand the Statewide Alert & Warning Guidelines, CA State El
Warning Plan, and, ifappI cable, County and/or Local EAS Plan.
Incorporate alert and warning systems into Local and Operational Area ❑
standard procedures and protocols, as appropriate.
Coordinate with all Alerting Authorities within an Operational Area, ❑
Operational Areas withInsome Local EAS Plan, and neighboring jurisdictions that serve the some o ulation s .
❑
Coordinate training, testing, and exercising of countywide alerting and warning systems.
iiin
fxcuting an Alert & Warning Program
❑
Issue warnings when there is an imminent threat to life or health. ❑
Ensure that alert and warning messages are accessible and issued as soon as feasible.
❑
Confirm the jurisdiction for the incident prompting the alert. ❑
Confirm the incident location.
Ensure warning messages are distributed to, and are accessible for, all members of the community at risk, including persons who use commonly El
spoken languages, individuals who are blind, have low vision, are deaf or are hard of hearing.
❑
Craft messages with appropriate tone and language to maximize warning effectiveness.
If otherjurisdictlons [cities, Operational Areas, tribes] are affected, ensure ❑
those jurisdictions' public safetyofficials and PSAPs are provided the emergency alert and warning information.
❑
Ensure warning messages are updated and refined as additional information becomes available.
❑
Ensure that a warning message sent in error is promptly clarified or retracted. ❑
Avoid issuing irrelevant warnings.
Implement considerations for the whole community.
7❑Limit
the alert and warning distribution area, cis much as technically feasible, to the area at risk.
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Ensure the notification is reviewed for accuracy by a second person for ❑
verification before disseminotion, whenever feasible.
❑
Identify the originating agency clearly.
❑
Ensure the message includes source, hazard, location, protective actions, and timeframe whenever possible, given message length constraints. ❑
Update and refine messages as additional vetted information becomes available.
❑
Ensure that any message sent in error is promptly clarified or retracted.
Ensure accessible resources are available to find additional information ❑
about the alert and warning notification.
❑
Send a follow-up message when the threat has passed, or the warning is no longer applicable.
Establish a regular (weekly or monthly) alert and warning technology ❑
maintenance check to confirm technology is operational_ ❑
Annually review and update the Local Alert and Warning Plan.
Annually review, update, and train (new personnel) the key personnel with El
alert and warning responsibilities within the Local Alert & Warning Plan.
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APPENDIX E: GLOSSARY OF TERMS
Access and Functional Needs (AFN) —As defined in Government Code section 8593.3, access and functional needs refers to individuals who have developmental, intellectual, or physical disabilities; chronic conditions or injuries; limited English proficiency or non-English speaking; Or, individuals who are older adults, children, or pregnant; living in institutional settings; low-income, homeless, and/or transportation disadvantaged; or from diverse cultures.
Advisory — Highlights special conditions that are less serious than a warning, shelter in place, or evacuation. They are for events that may cause significant inconvenience, and if caution is not exercised, it could lead to situations that may threaten life and/or property.
Agency Representative —A person assigned by a primary, assisting, or cooperating federal, state, territorial, tribal, or local government agency or private entity that has been delegated authority to make decisions affecting that agencies or organization's participation in incident management activities following appropriate consultation with the leadership of that agency.
Agency —A division of government with a specific function offering a particular kind of assistance.
In the Incident Command System (ICS), agencies are defined either as jurisdictional (having statutory responsibility for incident management) or as assisting or cooperating (providing resources or other assistance).
Alert — a communication intended to attract attention and warn of a danger or threat typically with the intention of avoiding or dealt with it.
Alert Aggregator - The Alert Aggregator, known as the IPAWS Open Platform for Emergency Networks (IPAWS-OPEN), is the part of the IPAWS system that collects emergency alerts, authenticates the sender, and makes the alerts available for alert dissemination services.
Alerting Authority —Alerting Authorities are public officials that are granted the authority to alert the public of emergency situations through Federal, State, and local laws. These are designated in a local FCC EAS Plan, and within a signed FEMA MOU.
Alerting Originator — Alerting Originators are designated individuals who have been designated the authority and have the training to draft and distribute the alert and warning message through the approved notification systems.
Alert Origination Tool - Alert origination tools are software products used by emergency managers, public safety officials, and other alerting authorities to create and send critical lifesaving messages to the public or to other emergency management officials for collaboration.
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Collaborative Operating Group — IPAWS is structured around Collaborative Operating Groups (COG). A COG is a virtual organization of alerting authorities that holds membership in IPAWSOPEN and manages system access within that organization. When the application process is complete, FEMA will assign each agency a COG Identification number and Digital Certificate.
Common Alerting Protocol (CAP) - The Common Alerting Protocol (CAP) is an XML-based OASIS data format standard adopted by FEMA for exchanging public warnings between alerting technologies. CAP allows a warning message to be sent simultaneously over many warning systems to many different outlets (such as radio, television, mobile devices, Internet).
Disaster —The occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property, or significant adverse impact on the environment, resulting from any natural or technological hazards, or a terrorist act, including but not limited to fire, flood, earthquake, wind, storm, hazardous substance incident, water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, civil disturbance, or hostile military or paramilitary action.
Emergency — A suddenly occurring and often unforeseen situation which is determined by the Governor to require state response or mitigation actions to immediately supplement local government in protecting lives and property, to provide for public health and safety, or to avert or lessen the threat of a disaster. Local government's adaptation of this definition connotes an event that threatens or actually does inflict damage to people or property, exceeds the daily routine type of response, and still can be dealt with using local internal and mutual aid resources.
Evacuation — the action of evacuating a person or a place.
FIPS Codes— Federal Information Processing Standards Codes (FIPS Codes) are a standardized set of numeric or alphabetic codes issued by the National Institute of Standards and Technology (NIST) to ensure uniform identification of geographic entities. The entities covered include states, counties, American Indian and Alaska Native areas, etc. FIPS codes are used by IPAWS as one method to specify geographic warning areas.
Imminent Threat Alert - "Imminent Threat" is one of the three categories of Wireless Emergency Alerts. Imminent Threat alerts must meet specific criteria for urgency, severity, and certainty.
Integrated Public Alert and Warning System (IPAWS) — In the event of a national emergency, the President will be able to use IPAWS to send a message to the American people quickly and simultaneously through multiple communications pathways. IPAWS is available to United States Federal, State, local, territorial, and tribal government officials as a way to alert the public via the Emergency Alert System (EAS), Wireless Emergency Alerts (WEA), NOAA Weather Radio and other National Weather Service dissemination channels, the internet, existing unique warning systems, and emerging distribution technologies.
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IPAWS-OPEN - IPAWS Open Platform for Emergency Networks (IPAWS-OPEN) is the Alert Aggregator that receives and authenticates messages transmitted by alerting authorities and routes them to alert dissemination services.
Jurisdiction — A range or sphere of authority. Public agencies have jurisdiction at an incident related to their legal responsibilities and authority for incident mitigation. Jurisdictional authority at an incident can be political or geographical (e.g., city, county, state, or federal boundary lines) or functional (e.g., police department, health department).
Local Area Emergency (LAE) - An emergency message that defines an event that, by itself, does not pose a significant threat to public safety and/or property. However, the event could escalate, contribute to other more serious events, or disrupt critical public safety services. Instructions, other than public protective actions, may be provided by authorized officials. Examples include a disruption in water, electric or natural gas service, or a potential terrorist threat where the public is asked to remain alert.
Memorandum of Agreement (MOA) — An agreement document between two or more agencies establishing reciprocal assistance to be provided upon request (and if available from the supplying agency) and laying out the guidelines under which this assistance will operate.
For IPAWS, Memorandum of Agreement is a cooperative document written between parties to work together on an agreed upon project or meet an agreed objective. FEMA executes MOAs with alerting authorities who would like to use IPAWS to send alerts and warnings as well as system developers who would like to test products in the IPAWS-OPEN test environment.
Mutual -Aid Agreement — Written agreement between agencies and/or jurisdictions that they will assist one another upon request, by furnishing personnel, equipment, and/or expertise in a specified manner.
National Weather Services (NWS) — Federal government agencies charged with weather related reporting and projections.
NOAA Weather Radio - "The voice of the National Weather Service" - NOAA Weather Radio Broadcasts National Weather Service warnings, watches, forecasts and other hazard information 24 hours a day. It is provided as a public service by NOAA. The NOAA Weather Radio network has more than 480 stations in the 50 states and near adjacent coastal waters, Puerto Rico, the U.S.
Virgin Islands and U.S. Pacific Territories.
NOAA Radio's Specific Area Message Encoding (SAME) — provides in a digital format specific, timely information on the nature and location of a threat to the safety of those most immediately at risk from severe weather or other hazards. Its greatest value is to significantly improve the automatic selection and distribution of messages about events that threaten people and/or property.
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Non -Weather Emergency Message (NWEM) - NWEM refers to emergency messages for the public about hazardous events that are originated by government organizations other than the National Weather Service, but still utilize NWS alert dissemination services.
Presidential Alert - A Presidential Alert is one of the three categories of Wireless Emergency Alert (WEA) messages that is reserved for use of the President of the United States in the event of a national emergency.
Primary Entry Point (PEP) Stations - Primary Entry Point (PEP) Stations (also known as LP-1 and LP-2) are private/commercial radio broadcast stations that cooperatively participate with FEMA to provide emergency alert and warning information to the public prior to, during, and after incidents and disasters.
Shelter in place — Take immediate shelter where you are —at home, work, school, or wherever you can take protective cover. It may also mean "seal the room"; in other words, take steps to prevent outside air from coming in.
Severe Weather Potential Statement - This statement is designed to alert the public and state/local agencies to the potential for severe weather up to 24 hours in advance. It is issued by the local National Weather Service office. This could be used to make citizens aware of the non - weather situation.
Severe Weather Statement - A National Weather Service product which provides follow up information on severe conditions which have occurred or are currently occurring. Could use a Statement for evacuation or shelter -in -place updates.
Operational Area — the county and its sub -divisions with responsibility to manage and/or coordinate information, resources, and priorities among local governments and serve as the link between the local government level and the regional level.
State — When capitalized, refers to the State of California.
Warning — Communication intended to persuade members of the public to take one or more protective actions in order to reduce losses or harm.
Wireless Emergency Alert (WEA) - Wireless Emergency Alerts (WEA) were established pursuant to the Warning, Alert and Response Network (WARN) Act under Federal Communication Commission (FCC) rules. Alerting authorities can broadcast WEAs to cellular carrier customers with compatible mobile devices located in the geographic vicinity of cellular towers serving an affected area.
CITY OF TEMECULA 1 57
Item No. 8
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works
DATE: June 11, 2024
SUBJECT: Adopt Resolution Declaring an Emergency Condition for the Repair and Replacement of Storm Drain Along Ynez Road, and Declaring that Public Interest and Necessity Requires Work to be Performed Without Competitive Bidding Pursuant to Public Contract Code Sections 1102, 20168 and 22050 PREPARED BY: Julie Tarrant, Principal Management Analyst Rebecca Kiser, Senior Office Specialist
RECOMMENDATION: That the City Council adopt by four votes a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, DECLARING AN EMERGENCY
CONDITION FOR THE REPAIR AND REPLACEMENT OF
STORM DRAIN ALONG YNEZ ROAD AND DECLARING
THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES
CERTAIN WORK TO BE PERFORMED WITHOUT
COMPETITIVE BIDDING PURSUANT TO PUBLIC
CONTRACT CODE SECTIONS 1102, 20168 AND 22050
BACKGROUND: On May 15, 2024, it was identified that emergency work was needed to repair a damaged and collapsed storm drain line along Ynez Road, between Calle Halcon and Pauba Road. The repairs were immediately necessary to avoid additional damage to the surrounding drainage system and roadway, and to restore use of the road for the traveling public.
Due to the urgency of this matter, the Department of Public Works - Maintenance Division responded immediately to install the necessary traffic control measures to ensure the safety of the public, and to assess the damages to determine the repairs needed and contacted our on -call service contractors to facilitate repairs as quickly as possible. The Public Works Maintenance Manager requested informal quotes from Miko Mountain Lion, Inc., and NPG, Inc., who currently provide on -call, and emergency call -out services to include excavation, backfill, and grading, and paving maintenance services citywide. Miko Mountain Lion, Inc., and NPG, Inc., were requested to provide emergency call -out services, and were on -site to begin work the morning of May 16, 2024.
Although the damage was extensive, all necessary excavation, shoring, repair, and replacement of storm drain line was completed on May 24, 2024. At this time, we do not have actual costs, due to
pending receipt of materials and labor invoices from various suppliers and contractors, but the total estimated cost of repairs is anticipated not to exceed $120,000.
In accordance with Public Contract Code Sections 1102, 20168 and 22050, it is requested City Council adopt a resolution declaring an emergency condition and declaring that the public interest and necessity requires work to be performed without competitive bidding.
FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget (AOB) FY 2023-24.
ATTACHMENTS: Resolution
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, DECLARING AN EMERGENCY
CONDITION FOR THE REPAIR AND REPLACEMENT OF
STORM DRAIN ALONG YNEZ ROAD AND DECLARING
THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES
CERTAIN WORK TO BE PERFORMED WITHOUT
COMPETITIVE BIDDING PURSUANT TO PUBLIC
CONTRACT CODE SECTIONS 1102, 20168 AND 22050
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City of Temecula identified that emergency work was needed to repair a damaged and collapsed storm drain line along Ynez Road, between Calle Halcon and Pauba Road.
The repairs were immediately necessary to avoid additional damage to the surrounding drainage system and roadway, and to restore use of the road for the traveling public.
Section 2. The Department of Public Works - Maintenance Division responded immediately to install the necessary traffic control measures to ensure the safety of the public, and to assess the damages to determine the repairs needed and contacted our on -call service contractors to facilitate repairs as quickly as possible. The Public Works Maintenance Manager requested informal quotes from Miko Mountain Lion, Inc., and NPG, Inc., who currently provide on -call, and emergency call -out services to include excavation, backfill, and grading, and paving maintenance services citywide. Miko Mountain Lion, Inc., and NPG, Inc., were requested to provide emergency call -out services.
Section 3. Pursuant to Public Contract Code Sections 1102, 20168, and 22050, the City Council hereby declaring an emergency condition for the repair and replacement of storm drain along Ynez Road and declaring that the public interest and necessity demand the immediate expenditure of public money for such repair work to safeguard life, health, and property without complying giving notice for bids to let contracts.
Section 4. The City Council hereby acknowledges that it must approve this resolution by a four -fifths vote of the entire City Council and shall make a finding that the emergency will not permit a delay resulting from a competitive solicitation for bids. Furthermore, the City Council recognizes that it may delegate by resolution the authority to order the actions necessary to carry out the required improvements to any non -elected officer of the City. Furthermore, the City Council recognizes that all necessary excavation, shoring, repair, and replacement of storm drain line was completed on May 24, 2024.
Section 5. The City Council hereby waives competitive bidding under Public Contract Code Section 22050 and authorizes the City Manager to execute all necessary contracts and documents with a qualified contractors or vendors for the emergency storm drain repairs, and take any directly related and immediate action required to repair, replace or mitigate the damages, and
procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts, in a combined amount not to exceed an amount of One Hundred and Twenty Thousand Dollars ($120,000). Nothing herein restricts the authority of the City Manager to enter into contracts pursuant to his existing authority under the applicable ordinances and municipal code of the City of Temecula.
Section 6. The City Council hereby delegates to the Director of Public Works/City Engineer the authority to approve plans, specifications and designs for the repair or replacement of the storm drains and associated rights of way.
Section 7. The City Council hereby ratifies and affirms the actions of the City Manager and City employees and contractors taken to repair and replace portions of the storm drain line along Ynez Road, between Calle Halcon and Pauba Road, and associated rights of way, any directly related and immediate action required to mitigate the damaged roads, and procurement of the necessary equipment, services, and supplies for those purposes.
Section 8. The City Manager shall agendize and report on the status of the emergency circumstances at a regularly scheduled meeting of this Council in regard to completion, and the Council finds and acknowledges the emergency condition has ceased.
Section 9. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 lth day of June, 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 1 Ith day of June, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Item No. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 11, 2024
SUBJECT: Adopt Resolution to Approve Funds Transfer Agreement with California Department of Transportation (Caltrans) for Allocation of Priority Legislative Budget Project Funds
PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO APPROVE THE FUNDS TRANSFER
AGREEMENT (FTA) BETWEEN THE CITY OF TEMECULA AND
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR ALLOCATION OF PRIORITY LEGISLATIVE
BUDGET PROJECT (PLBP) FUNDS AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE AGREEMENT AND ALL
PERTINENT SUPPLEMENTAL AGREEMENTS, AMENDMENTS,
OR DOCUMENTS FOR STATE -FUNDED PROJECTS
BACKGROUND: The Department of Public Works submitted a Congressional Project Funding Request for the Ynez Road Improvements — Phase I project, in the amount of $1,400,000, to be considered for Priority Legislative Budget Project (PLBP) funding as part of State of California Legislature budget appropriations bill, of the Budget Act of 2023. In November 2023, the City was notified that we were awarded PLBP funds for the Ynez Road Improvements- Phase I project, in the amount of $1,000,000.
The California Legislature authorized funding for the PLBP, and authorized Caltrans as the authorizing agency for the proper distribution and administration of the funding. These funds are not associated with an established state program or subject to the authority of the California Transportation Commission (CTC). Legislation authorizing PLBP funds, allow local agencies and other entities receiving PLBP funds to enter into an FTA, an agreement between Caltrans and the
local agency, as the document used to self -attest to the proper use of funds, and allows for PLBP funds to be allocated as an advanced lump sum payment to the local agencies.
In accordance with the PLBP Program Guidelines each local agency must enter into an FTA and provide a resolution which designates the person authorized to execute a Funds Transfer Agreement, with the California Department of Transportation.
FISCAL IMPACT: The Ynez Road Improvements - Phase I project is currently identified in the Capital Improvement Program (CIP) for Fiscal Years 2023-2028. Adequate funds are available to include DIF-Street Improvement, Developer Contribution, Measure A Regional Arterial (MARA) program funds, and PLBP funds. The is no fiscal impact to approve and execute the Funds Transfer Agreement.
ATTACHMENTS: 1. Resolution
2. Funds Transfer Agreement
RESOLUTION NO.2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO APPROVE THE FUNDS TRANSFER
AGREEMENT (FTA) BETWEEN THE CITY OF TEMECULA
AND THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR ALLOCATION OF
PRIORITY LEGISLATIVE BUDGET PROJECT (PLBP)
FUNDS AND AUTHORIZE THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND ALL PERTINENT
SUPPLEMENTAL AGREEMENTS, AMENDMENTS, OR
DOCUMENTS FOR STATE -FUNDED PROJECTS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Legislature of the State of California has authorized funding for Priority Legislative Budget Projects (PLBP) as part of a budget appropriations bill, Section 19.569(b)(13), subdivision of the Budget Act of 2023 (the Act); and
Section 2. Caltrans is the authorizing agency for the proper distribution and administration of the funding provided by this legislation, and the funds are not attached to an established state program or subject to the authority of the California Transportation Commission, unless specified in the program; and
Section 3. Caltrans determined the best method for allocation to ensure the funds are used for the purposes specified in Section 19.259 of the Act is a funds transfer agreement (FTA); and Section 4. State legislation authorizing PLBP funds allow local agencies receiving PLBP funds to enter into an FTA, an agreement between Caltrans and the local agency, as the document used to self -attest to the proper use of funds, and to follow applicable laws and procedures, and allows for PLBP funds to be allocated as an advanced lump sum payment to the local agency; and Section 5. the City of Temecula shall only use PLBP funds, in the amount of $1,000,000 for the Ynez Road Improvements — Phase I project, as specified in the Act, and provide self - attestation verifying the intended use of funds shall be provided to Caltrans prior to the release of any funds, and the FTA is not valid until signed by both parties; and Section 6. The City Council approve the Funds Transfer Agreement (FTA) and authorize the City Manager to execute the Agreement and all Pertinent Supplemental Agreements, Amendments, or Documents for State Funded Projects.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this l lth day of June, 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 I I th day of June, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Project ID PLBP-5459(038)
Advantage ID 0824000214
Funds Transfer Agreement Between
the California Department of Transportation and the City of Temecula
1.1 The California Department of Transportation (Caltrans) and the City of Temecula, (City of Temecula) hereby enter into this Funds Transfer Agreement (Agreement) on the terms and conditions set forth below.
1.2 This Agreement is not valid until signed by both parties. This Agreement shall expire on City of Temecula's completion of its obligations under this Agreement but may be extended by amending this Agreement.
BACKGROUND
2.1 Section 19.569(b)(13), subdivision of the Budget Act of 2023 (the Act) appropriated $1,000,000 (the Funds) from the State General Fund to Caltrans, to be allocated to City of Temecula for the Ynez Road Improvements -Phase I.
2.2 Caltrans determined the best method for allocation to ensure the funds are used for the purposes specified in Section 19.569 of the Act is a funds transfer agreement.
2.3 The current project site conditions allows for only one northbound travel lane, no sidewalk improvements, or bike -lane striping along the east side of Ynez Road, between Rancho Vista Road and Tierra Vista Road. This roadway segment is heavily traveled throughout the day, and during peak - times northbound traffic backs -up for nearly one mile. The Ynez Road Improvement project includes the widening of the east side of Ynez Road between Rancho Vista Road and Tierra Vista, and to construct curb and gutter, sidewalk improvements, bike -lanes, ADA ramps, and traffic signal improvements to accommodate pedestrian/bicycle access.
The project will improve traffic circulation by widening an arterial roadway to 4 lanes (2 lanes in each direction), from Santiago Road to Rancho California Road, eliminating this `bottleneck' and reduce congestion along this heavily travelled roadway segment. Additional improvements will improve access for pedestrians/bicyclists and improve safety at the signalized intersections.
Funds Transfer Agreement Between the California Department of Transportation and the City of Temecula
SCOPE OF WORK
3.1 The Funds provided under this Agreement will be used to complete the construction of the Ynez Road Improvements -Phase I. Project deliverables may include, but is not limited to, design plans, project specifications, and cost estimate, and to complete construction of road widening, including various appurtenances such as sidewalks, bike lane striping improvements, ADA improvements, and traffic signal enhancements, as needed, for the completion of the project. Construction improvements will widen the easterly side of Ynez Road, between Rancho Vista Road, north approximately 1 100 feet, to allow for 2 lanes in each direction, install curb and gutter, sidewalks, and landscaped medians, in coordination with an adjacent affordable housing development project.
Revised December 2023
3.2 City of Temecula shall only use Funds for the Project specified in the Act.
City of Temecula's self -attestation verifying the intended use of funds shall be provided to the Department prior to the release of any funds.
FUNDING, COSTS, COST LIMITATION, & PAYMENT
4.1 The Funds will be encumbered within 2 days of the effective date of this Agreement. Pursuant to Section 19.569 of the Act, funds must be encumbered by June 30, 2025, and expended by June 30, 2027, or the funds will revert to the State's General Fund by operation of law.
4.2 Payments shall be made as authorized by Sections 19.569(a) of the Act, including, but not limited to the provisions noted below:
a. Notwithstanding any other law, a designated state entity administering an allocation pursuant to this section may provide the allocation as an advance lump sum payment, and the allocation may be used to pay for costs incurred prior to the effective date of the act adding this paragraph. b. Funding provided in this section shall not be used for a purpose subject to Section 8 of the Article XVI of California Constitution.
4.3 Within 30 days of expending all of the Funds or upon completion or termination of Project, whichever comes first, City of Temecula shall submit to Caltrans a Project Closeout Report. The Project Closeout Report at a minimum shall include LAPM Exhibit 17-M, photos of the completed project (including before photos if available), a 2 Revised December 2023
Funds Transfer Agreement Between the California Department of Transportation and the City of Temecula
description of completed Project component(s) and a description of project deliverables.
4.4 Any Project costs paid using the Funds that are determined by subsequent audit to be unallowable under 48 CFR, Part 31 or 2 CFR, Part 200, are subject to repayment by City of Temecula to Caltrans.
4.5 City of Temecula shall return any unspent Funds to Caltrans at the conclusion, completion, or termination of the Project.
4.6 Upon written demand by Caltrans, any overpayment to City of Temecula of amounts invoiced by Caltrans shall be returned to Caltrans.
4.7 Should City of Temecula fail to refund any moneys due Caltrans as provided herein or should City of Temecula breach this AGREEMENT by failing to complete Project without adequate justification and approval by Caltrans, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES, Caltrans, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amounts paid by or owed to Caltrans for each Project, from future apportionments or any other funds due City of Temecula from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future state -funded projects proposed by ADMINISTERING AGENCY.
INQUIRIES & NOTICES
5.1 All inquiries during the term of this Agreement will be directed to the representatives listed below:
For Caltrans:
Alberto Vergel de Dios, P.E.
DLAE Caltrans, District 8
464 W. 4th Street, 6th Floor, MS760
San Bernardino, CA 92401
(951) 236-0135
[email protected]
P
Revised December 2023
For City of Temecula:
Aaron Adams -
City Manager
41000 Main Street
Temecula, CA 92590
(951) 694-6400
[email protected]
Funds Transfer Agreement Between the California Department of Transportation and the City of Temecula
5.2 Each party may change their representative listed above upon 10 calendar days' written or emailed notice to the other party and without the need for amending this Agreement.
OTHER TERMS & CONDITIONS
6.1 Drug -Free Workplace Requirements: City of Temecula will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug -free workplace;
3) any available counseling, rehabilitation, and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug -free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and City of Temecula may be ineligible for award of any future State agreements if Caltrans or the State Department of General Services determines that any of the following has occurred: City of Temecula has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
6.2 Conflict of Interest: City of Temecula needs to be aware of the following provisions regarding current or former state employees. If City of Temecula any questions on the status of any person rendering services or involved Revised December 2023
Funds Transfer Agreement Between the California Department of Transportation and the City of Temecula
with the Agreement, Caltrans must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 1041 1):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If City of Temecula violates any provisions of above paragraphs, such action by City of Temecula shall render this Agreement void. (Pub.
Contract Code § 10420.) If the Agreement is rendered void, City of Temecula shall return all Funds.
6.3 Labor Code/Workers' Compensation: City of Temecula needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and City of Temecula affirms to comply with such provisions before commencing the performance of the work described in this Agreement. (Labor Code § 3700.)
5 Revised December 2023
Funds Transfer Agreement Between the California Department of Transportation and the City of Temecula
6.4. Americans With Disabilities Act: City of Temecula assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.)
6.5. Name Change: An amendment is required to change City of Temecula's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
6.6. Resolution: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
6.7. Air or Water Pollution Violation: Under State law, City of Temecula shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
6.8. Audit: City of Temecula agrees that Caltrans, the California Department of General Services, the California State Auditor's Office, or other State agency with a legitimate business purpose, or their designated representatives) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. City of Temecula agrees to maintain such records for possible audit for a minimum of three (3) years after final payment unless a longer period of record retention is stipulated.
6.9. Amendments: No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. Any amendment signed by City of Temecula must be approved by its local governing body as evidenced by a resolution, order, motion, or ordinance of the City of Temecula and a copy provided to Caltrans. No oral 6 Revised December 2023
Funds Transfer Agreement Between the California Department of Transportation and the City of Temecula
understanding or agreement not incorporated in the Agreement is binding on any of the parties.
6.10. Caltrans and City of Temecula shall continue with their responsibilities under this Agreement during any dispute.
6.11 This Agreement maybe executed in separate counterparts.
6.12 An electronically signed copy of this Agreement shall have the same force and effect as if it were signed manually.
6.13 Should City of Temecula be declared to be in breach of this AGREEMENT or otherwise in default thereof by Caltrans, and if City of Temecula is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, Caltrans is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against City of Temecula or its constituent member entities, to recover all funds provided by Caltrans hereunder.
State:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Printed Name: Ann Fox
Signature:
Acting Deputy Director for Planning & Modal
Programs
Date:
Local Agency:
_
City of Temecula
Printed Name: Aaron Adams
Signature:
Title: City Manager
Date:
7 Revised December 2023
Funds Transfer Agreement Between the California Department of Transportation and the City of Temecula
ATTEST:
Randi Johl, City Clerk
APPROVE AS TO FORM:
Peter M. Thorson, City Attorney
Accounting Certification
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.
Pauline Wong
�,�,
5/15/2024
$1,000,000.00
Accounting Officer Printed
Name
Accounting Officer
Signature
Date
Amount Certified
Revised December 2023
Item No. 10
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Matt Peters, Acting Director of Community Development DATE: June 11, 2024
SUBJECT: Approve Agreement with Esgil, LLC for Plan Review Services for Fiscal Years 2025-2027
PREPARED BY: Michelle Amezcua, Senior Management Analyst RECOMMENDATION: That the City Council approve the agreement with Esgil, LLC for plan review services for fiscal years 2025-2027, for a total agreement amount not to exceed $2,000,000.
BACKGROUND: To assist with the high volume of permit applications the City processes, Building and Safety contracts outside plan review consulting services with Esgil, LLC.
Plan review services include accurate code interpretation, review of construction plans for all applicable code disciplines, identifying areas of noncompliance, and efficient turnaround time.
Building & Safety has contracted with Esgil, LLC since 1998 for plan review services. The Agreement is for a three-year term.
FISCAL IMPACT: There is no fiscal impact to the City. Plan check services are paid for through plan check fees collected under the Building permit, and paid by the applicant.
ATTACHMENTS: Agreement
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND ESGIL, LLC
PLAN REVIEW SERVICES
THIS AGREEMENT is made and effective as of July 1, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Esgil, LLC a limited liability company (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2027, unless sooner terminated pursuant to the provisions of this Agreement.
The parties may, upon mutual agreement, extend the contract for two (2) additional one (1) year terms.
2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Million Dollars and no cents ($2,000,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .
Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
C. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt 05/28/2024
of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.
5. 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 Agreement from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to htti):// www.dir.ca.gov/Public-Works/PublicWorks.html
7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.
05/28/2024
8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
10. INDEMNIFICATION
The Consultant 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 Consultant's negligent 05/28/2024
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
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to its employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
By executing this Agreement, Vendor is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. 05/28/2024
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.
General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must 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. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the 05/28/2024
Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery 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 Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by 05/28/2024
Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Esgil, LLC
Attn: Shelby Sieracki,
Director of Sales — West Region
9320 Chesapeake Drive, Suite 208
San Diego, CA 92123
16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant'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 Consultant.
17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the 05/28/2024
development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/28/2024
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:
EsGil, LLC
By
By:
L' di. '�/#
David Kniff, Assistant Secretary
Peter M. Thorson, City Attorney CONSULTANT
EsGil, LLC
Attn: Shelby Sieracki, Directorof Sales —West Region
9320 Chesapeake Drive, Suite 208
San Diego, CA 92123
(868) 560-1468 Phone
(868) 560-1576 Fax
[email protected]
05/22/2024
EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this service include:
PLAN REVIEW SERVICES SCOPE OF WORK
1. Physical Plan (paper) pickup and delivery should be done within 24 hours after receiving notice from the City at the expense of the Consultant.
2. Electronic Plan reviews shall be reviewed and performed on or before the due date shown on the city's transmittal letter.
3. Consultant shall a forward billing fee sheet for review performed upon completion of initial plan review for the permit being reviewed. The fees in the permit's fee sheet shall include all reviews up to time of approval of plan review.
4. Perform complete plan review of submitted plans to determine compliance with adopted codes (listed below) including anyamendments totheTemecula Municipal Code:
• California Building Code (CBC)
• California Plumbing Code (CPC)
• California Mechanical Code (CMC)
• California Fire Code (CFC)
• California Residential Code (CRC)
• California Administrative Code (CAC)
• California Energy Code (CEC)
• California Green Code (CGC)
• California Referenced Standards Code
(CRSC)
• California Historical Building Code
(CHBC)
• California Existing Building Code
(CEBC)
• California Building Energy Efficient
Standards (CBES)
5. Consultant shall provide detailed plan correction lists to the City who will provide them to the applicant.
6. Consultant shall not receive or distribute plans directly to the applicant without prior authorization from the City.
7. Plan Review turn -around times shall be no more than 10-12 business days for new submittals and 5-7 business days for re -submittals.
8. Perform all necessary liaison with the applicant's designee, by telephone, mail, e-mail or meeting in Consultant's main office, and perform all necessary rechecks to achieve conformance to the regulations.
9. Perform all necessary liaison with the Building Official or his designee, by mail, e-mail or telephone in Consultant's main office regarding any discretionary code issues.
10. Perform plan review of revisions to plans that have previously been approved for permit issuance charged hourly based on the Consultants approved rate schedule (see Exhibit B Payment Rates and Schedule).
11. Perform extra work when requested in writing by the City including accelerated plan review on an as -needed basis.
12. Attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office.
10 05/28/2024
EXHIBIT B
Payment Rates and Schedule
COMPENSATION FOR PLAN REVIEW SERVICES
1) The compensation paid by the City to the Consultant for each plan review shall be 60% of the "Plan Check Fee" collected by the City.
(a) If "Total Permit Fee" is allocated, compensation shall be paid by the City to the Consultant 60% of 40%, of the Total permit fee.
The single fee includes all rechecks, plan check conferences at Consultant's office (or virtual meetings), reviewing plans that are initially found to be incomplete and for the transmitting of plans back to the jurisdiction.
2) Compensation for revisions shall be calculated either the same as the percentage of plan review fee or shall be based on Consultant's current Labor Rates Schedule*. The method of calculating compensation for each such plan reviewed shall be as agreed to by the Building Official and Consultant.
3) In times where Esgil on behalf of the City's Building Department completes, approves, and stamps the plans prior to other departments, Esgil charges a $125 re -stamping fee for review and approval of the changes made via other departments so long as the revisions do not affect the integrity of the plans previously approved by Esgil. 4) Compensation for work performed on an accelerated basis, extra work and meetings shall be based on the Consultant's Labor Hourly Rates Schedule set forth below
ESGIL, LLC
LABOR RATES SCHEDULE / HOURLY RATES
Supervising Structural Engineer
Senior Structural Engineer
Licensed Plan Review Engineer / Architect (Structural, civil, Electrical, Mechanical Engineer)
Certified Access Specialist (CASp)
Senior Plans Examiner
I.C.C. Building Plans Examiner
Building Inspector I
$165.00
$160.00
$155.00
$135.00
$145.00
$125.00
$ 95.00
Note:
Labor rates are only used when requested by the City, where a Building Plan Check Fee is not applicable.
11 05/28/2024
Item No. 11
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 11, 2024
SUBJECT: Award Construction Contract to Onyx Paving Company, Inc. for the Pavement Rehabilitation Program — Citywide, Pechanga Parkway, Butterfield Stage Road, and Patricia H. Birdsall Sports Park Parking Lot Project, PW23-19 PREPARED BY: Nino Abad, Senior Civil Engineer
Chris White, Associate Engineer II
RECOMMENDATION: That the City Council:
1. Award a Construction Contract to Onyx Paving Company, Inc., in the amount of $3,773,000 for the Pavement Rehabilitation Program - Citywide, Pechanga Parkway, Butterfield Stage Road, and Patricia H. Birdsall Sports Park Parking Lot Project, PW23-19; and
2. Authorize the City Manager to approve construction change orders up to $377,300, which is equal to 10% of the Contract amount; and
3. Make a finding that the Pavement Rehabilitation Program - Citywide, Pechanga Parkway, Butterfield Stage Road, and Patricia H. Birdsall Sports Park Parking Lot Project, PW23-19 is exempt from Multiple Species Habitat Conservation Plan fees.
BACKGROUND: On April 9, 2024, the City Council approved the plans and specifications, and authorized the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program — Citywide, Pechanga Parkway and Butterfield Stage Road Project, PW23-
19. The project will perform pavement rehabilitation on Pechanga Parkway (Temecula Parkway to Via Eduardo, Butterfield Stage Road (from just south of Temecula Creek to the southern city limits), and the southwesterly parking lot of the Patricia H. Birdsall Sports Park. Work will generally consist of full width and/or edge grinding of existing asphalt, localized dig outs, preparation of grade, and placement of rubberized asphalt concrete pavement. Work also includes reconstruction of American with Disability Act (ADA) curb ramps and spandrels, adjustment of existing utilities to grade, installation and removal of temporary video detection, restoration and/or modifications to existing striping, and replacement loop detectors.
The construction contract was publicly advertised for bids and on Thursday, May 16, 2024, six bids were electronically opened and publicly posted on the City's online bidding service, PlanetBids.
The results are as follows:
Rank
Bidder
Amount
1. Onyx Paving Company, Inc.
$3,773,000.00
2. All American Asphalt
$3,776,222.00
3. R.J. Noble Company
$3,788,571.14
4. Hardy & Harper, Inc.
$3,800,000.00
5. ATP General Engineering
Contractors
$3,999,323.12
6. I.E. General Engineering, Inc.
$4,784,498.60
Staff has completed its analysis of the submitted bids and found that Onyx Paving Company, Inc. of Anaheim, California to be the lowest responsive and responsible bidder. Onyx Paving Company, Inc. has public contracting experience and has successfully completed similar projects for various public agencies, including the City of Temecula.
The Engineer's Estimate for the project was $4,350,000. The project specifications allow for 45 working days (approximately two months) to complete the work.
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.
Beginning July 1, 2008, the RCA requires 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 improvements projects are five percent of construction costs. Maintenance only projects, such as this project, are exempt from MSHCP fees.
FISCAL IMPACT: The Pavement Rehabilitation Program — Citywide, Pechanga Parkway and Butterfield Stage Road Project, PW23-19 is a component of the Pavement Rehabilitation Program — Citywide which is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2024-2028, and funded with Measure A and Road Repair and Accountability Act (RMRA) funds. The rehabilitation of the southwesterly parking lot at Patricia
H. Birdsall will be funded with Measure S funds from the Parks Improvement Program project.
There are adequate funds in the aforementioned accounts to cover the Contract amount of $3,773,000, plus the 10% contingency of $377,300, for a total encumbrance of $4,150,300.
ATTACHMENTS: 1. Contract
2. Project Description
3. Project Location Maps
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACT
for
PAVEMENT REHABILITATION PROGRAM - CITYWIDE,
PECHANGA PARKWAY AND BUTTERFIELD STAGE ROAD
PROJECT NO. PW23-19
THIS CONTRACT, made and entered into the 1111 day of June, 2024 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and Onyx Paving Company, Inc., hereinafter referred to as "Contractor." WITNESSETH:
That City and Contractor, for the consideration hereinafter named, mutually agree as follows:
1. 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 PAVEMENT REHABILITATION PROGRAM — CITYWIDE, PECHANGA PARKWAY AND BUTTERFIELD STAGE ROAD, PROJECT NO. PW23- 19, 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 PAVEMENT REHABILITATION PROGRAM — CITYWIDE, PECHANGA PARKWAY AND BUTTERFIELD STAGE ROAD, PROJECT NO. PW23-19. 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 PAVEMENT REHABILITATION PROGRAM — CITYWIDE, PECHANGA PARKWAY AND BUTTERFIELD STAGE ROAD, PROJECT NO. PW23-19.
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.
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: PAVEMENT REHABILITATION PROGRAM — CITYWIDE, PECHANGA PARKWAY AND BUTTERFIELD STAGE ROAD, PROJECT NO. PW23-19.
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 SEVEN HUNDRED SEVENTY-THREE THOUSAND DOLLARS AND NO CENTS ($3,773,000.00), the total amount of the base bid.
Contractor agrees to complete the work in a period not to exceed 45 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
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 http://www.dir.ca.gov . 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 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
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.
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.
22. 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
23. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/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 and Limits of Insurance. Coverage shall be at least as broad as and shall maintain limits no less than:
Commercial General Liability: Two Million ($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.
ii. Automobile Liability: One Million ($1,000,000) per occurrence for bodily injury, including death, of one or more persons, property damage and personal injury. Providing coverage for owned, non -owned, and hired autos on an occurrence basis. If the Contractor owns no automobiles, a non - owned auto endorsement to the General Liability policy described above is acceptable.
iii. Workers' Compensation insurance with limits of not less than One million dollars ($1,000,000) per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Contractor must submit to City the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
By executing this Agreement, Contractor is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions in addition to the insuring provisions:
The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor's 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.
ii. For any claims related to this project, the Contractor insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
iii. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
iv. 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.
v. 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. vi. 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.
vii. Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Contractor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must 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 affecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All endorsements are to be received and approved by the City before work commences.
23. 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.
24. 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.
25. 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.
26. 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 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.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.
DATED:
CONTRACTOR:
Onyx Paving Company, Inc.
2890 E. La Cresta Avenue
Anaheim, Ca. 92806
(714) 632-6699
[email protected]
By:
Corey Kirschner
Print or type NAME
CEO / President
Print or type TITLE*
By: /��
Corey Kirschner
Print or type NAME
Secretary
Print or type TITLE*
(*Signatures of two corporate officers required for Corporations)
CITY OF TEMECULA
DATED:
James Stewart, Mayor
ATTEST:
Randi-Johl, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Oran e )
On May 29, 2024 before me, Leslie Rocha Notary Public , Date Here Insert Name and Title of the Officer
personally appeared Corey R. Kirschner
of Si
who proved to me on the basis of satisfactory evidence to be the person(15) whose name(Is) is/aace subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/1-Der/their authorized capacity(i(m), and that by his/hor/their signature() on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. . ",`...LESLIE ROCHA
Notary Public • California Z
= Orange County 9
Commission # 2484949
My Comm. Expires Mar 19. 2028
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature,4vu., �P�
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www. National Notary. org • 1-800-US NOTARY (1-800-876-6827) Item #5907
P�-% City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
I hi [Aeart of Southern California
Wine Country
PAVEMENT REHABILITATION PROGRAM - CITYWIDE
Circulation Project
Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management Program update.
Benefit: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met.
Core Value: Transportation Mobility and Connectivity
Project Status: A priority list of rehabilitation projects from the Pavement Management Program is used to determine the projects to be undertaken.
Construction is completed annually based on the allocated funds.
Department: Public Works - Account No. 210.265.999.5800.PWPR-01 / 655 Level: I
Project Cost:
Prior Years
Actuals
2022-23
Adjusted
2023-24
Adopted
Budget
2024-25
Projected
2025-26
Projected
2026-27
Projected
2027-28
Projected
Total Project
Cost
5801-Administration
3,670,417
389,056
662,724
682,098
670,888
300,000
300,000
6,675,183
5804-Construction
30,627,875
10,650,443
2,603,118
3,513,762
3,605,055
4,200,203
3,849,127
59,049,584
5805-Construction Engineering
564,179
292,497
377,723
385,277
388,409
250,000
300,000
2,558,084
5802-Design & Environmental
801,751
96,292
898,042
Total Expenditures
35,664,221
11,428,288
3,643,565
4,581,137
4,664,352
4,750,203
4,449,127
69,180,893
Source of Funds:
4100-Gas Tax
1,200,000
1,200,000
4001-General Fund
5,692,614
5,692,614
4170-Measure A
19,467,183
3,755,563 1,289,980 1,560,464 1,837,198 1,866,506 1,507,756 31,284,650
4002-Measure S
2,000,000
2,000,000
4438-Reimbursements
302,454
302,454
4102-RMRA
71304,425
3,809,387 2,314,468 3,020,673 2,827,154 2,883,697 2,941,371 25,101,175
4103-Street Maintenance Fund
3,600,000
3,600,000
Total Funding
35,966,676
11,164,950 3,604,448 4,581,137 4,664,352 4,750,203 4,449,127 69,180,893
Future Operating & Maintenance Costs:
Total Operating Costs
Notes:
1. Road Repair and Accountability Act (RMRA)
84 City of Temecula - Butterfield Stage Rd
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Item No. 12
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Pat Thomas, Director of Public Works/City Engineer DATE: June 11, 2024
SUBJECT: Approve Minor Maintenance Agreement with Interstate Striping, Inc., for Citywide Repainting of Traffic Striping for Fiscal Years 2024-2029 PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant
RECOMMENDATION: That the City Council approve a minor maintenance agreement with Interstate Striping, Inc., for citywide repainting of traffic striping for fiscal years 2024-2029, in the amount of $2,750,000.
BACKGROUND: On February 15, 2024, the Public Works Department Maintenance Division posted on the City of Temecula' s online bidding service, Planet Bids, a Request for Proposal (RFP) No. 280, for citywide repainting of traffic striping services. These services will provide for the repainting of citywide traffic striping, and may include, but is not limited to, pavement markings, and legends, and on -call and emergency call -out services, as needed. The Public Works Department received the following six (6) electronic proposals:
1 Interstate Striping, Inc.
$218,550 per cycle
2 Pacific Striping, Inc.
$385,950 per cycle
3 J&S Striping
$388,950 per cycle
4 Superior Pavement Markings, Inc.
$554,450 per cycle
5 PCI
$645,450 per cycle
6 Safe USA, Inc.
$891,250 per cycle
Selected panel members reviewed each proponent's submittals and collectively determined Interstate Striping, Inc., to be the most qualified and competitively priced vendor to provide annual repainting of traffic striping for the city. Staff hereby recommends the approval of the Minor Maintenance Agreement with Interstate Striping, Inc., for Citywide Repainting of Traffic Striping Services Fiscal Years 2024-2029.
FISCAL IMPACT: Adequate funds will be made available in the Annual Operating Budget (AOB) for each of the Fiscal Years 2024-2029.
ATTACHMENTS: Agreement
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
CITY OF TEMECULA AND INTERSTATE STRIPING, INC.
CITYWIDE REPAINTING OF TRAFFIC STRIPING
THIS AGREEMENT is made and effective as of May 28, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Interstate Striping, Inc, Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. 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.
The Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside - San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. No item of work requested by the Director of Public Works under this Agreement shall exceed sixty thousand dollars ($60,000) subject to the maximum amount set forth in Section 3. For any work requested by the Director of Public Works that exceeds twenty-five thousand dollars ($25,000), the Contractor shall post a payment bond as required by Civil Code Section 9550.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Million, Seven Hundred Fifty Thousand Dollars and No Cents ($2,750,000.00) for the total term of this 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 City Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
04/18/2024
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of 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.
4. 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.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment.
7. 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 Agreement from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website at h ftp://www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.
04/18/2024
8. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to htto:// www.dir . ca.ov/Public-Works/PublieWorks,html
9. 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.
10. 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 City Manager 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.
11. 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 04/18/2024
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.
12. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors.
a. Minimum Scope and Limits of Insurance. Coverage shall be at least as broad as and shall maintain limits no less than:
1) Commercial General Liability: Two Million ($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 ($1,000,000) per occurrence for bodily injury, including death, of one or more persons, property damage and personal injury.
Providing coverage for owned, non -owned, and hired autos on an occurrence basis. If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Workers' Compensation insurance with limits of not less than One million dollars ($1,000,000) per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Contractor must submit to City the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
By executing this Agreement, Contractor is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers.
b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. 04/18/2024
c. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions in addition to the insuring provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor's 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, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the 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/or 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: 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 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.
7) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Contractor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must 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 affecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. 5 04/18/2024
13. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
14. 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.
15. 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.
16. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
17. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work 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 connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 04/18/2024
18. 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 - 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.
19. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.
20. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
21. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
22. 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.
23. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
04/18/2024
To Contractor: Interstate Striping, Inc.
Attn: Stephanie Acosta
9784 Poplar Ave
Fontana, CA 92335
24. 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.
25. 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.
26. 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.
27. 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.
28. 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 City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 04/18/2024
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
Peter M. Thorson, City Attorney
INTERSTATE STRIPING, INC.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:
Stephanie Acosta, President
By:
lAndrew Acosta, Vice President
CONTRACTOR
Interstate Striping, Inc.
Attn: Stephanie Acosta
9784 Poplar Ave
Fontana, CA 92336
Ph. 909-774-9803
stephanie@_interstate-striping.com _
9 04/18/2024
EXHIBIT "A"
SCOPE OF WORK
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for citywide repainting of traffic striping, and may include, but is not limited to pavement markings, and legends. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows:
1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager or his designee whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the City Manager or his designee may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the City Manager or his designee, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement.
• The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals.
Repainting of traffic striping Citywide, which may be performed twice annually (i.e. two cycles) approximately six months apart with the exact dates to be set at the City's discretion. One cycle of repainting shall be completed within 15 working days and allowable working hours are at night between 9 p.m. and 6 a.m. Sunday through Thursday excluding holidays. The Contractor shall complete all work in every detail involved within repainting of traffic striping citywide, for one cycle, within fifteen (15) working days. • Additional painting of traffic striping as requested by City staff. 10 04/18/2024
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
Unit costs shall include all materials, supplies, labor, equipment and ancillary costs required to complete the work.
ITEM
NO.
DESCRIPTION
ESTIMATED
QUANTITY UNIT
UNIT PRICE
EXTENDED
AMOUNT
1 6" CENTER LINE (DETAIL 1 OR 5)
6" LANELINE (DETAIL 8 OR 11) -
775,000
LF
C'
$,ZSa.
2 6" LEFT EDGELINE (DETAIL 24)
6" RIGHT EDGELINE (DETAIL 27B)
DOUBLE YELLOW CENTERLINE
(DETAIL 22 W16" LINES)
500,000
500,000
LF
O.00D
i� I O
©Og
ffi 301000.E
t3501aoo .
I141li?Oo. CIC
3 LF
LF
4 8" CHANNELIZING LINE (DETAIL
38A)
185,000
100,000
990,000
LF
Cj , ( I)
$ IO,Uoo-cp
5 NO PASSING ZONES
(DETAIL 15 W/ 6" LINES)
6" BIKE LANE LINE (DETAIL 39)
6 LF
,pl;D59
Nao.cU
7 6" INTERSECTION LINE BIKE LANE
10,000
LF
(DETAIL 39A)
U O(C)
is (VOC7 CU
8 TWO-WAY LEFT TURN LANE
150,000
LF
(DETAIL 31)
'Approximately 20% of current striping Is 8".
0 The estimated quantities above approximate the quantities needed to complete one cycle of repainting of traffic striping citywide. The City typically completes two cycles of repainting per fiscal year.
TOTAL AMOUNT OF BASE PROPOSAL (one cycle):
�DOLLARS AND 2. Q_ rC CENTS
IE
04/18/2024
Unit costs shall include all materials, supplies, labor, equipment and ancillary costs required to complete the work.
ITEM NO.
T9 ~ MI
10 DESCRIPTION
UNIT
/Each
IF
/Each
UNIT PRICE
ZS , CO
8' Letters (Yellow or White)
6" White Stripe
Type IV Arrows
Type VI Arrows
12" Thermoplastic Line (Yellow or White)
11 12
/Each
ILF
/Each
/Each
2-15 , C4D
,5 I CD
13 14
8' Thermoplastic Letters (Yellow or White)
Type IV Thermoplastic Arrow
Type VI Thermoplastic Arrow
Painted Curb (All Colors)
Paint Bike Lane & Arrow Legend
Layout
Mobilization
�b
15 I C.)
-2-W ,
16 /Each
17 /LF
3 3t �-l7
18 /Each
19 ,
- - 4-
20 IF
IS
0,50
21 Remove Lane Stripe (Include RPMs)
/LF
10 -CAD
22 23
24 Remove 12" Limit Line/Crosswalk
Remove Thermoplastic/Paint Markings
(Arrows, Numbers, Words, & Symbols of All Types)
Remove Curb Paint (All Types) — +
/SF
/SF
/LF
I
12 04/18/2024
ITEM RAISED PAVEMENT MARKERS DESCRIPTION
NO.
QUANTITY
UNIT
UNIT PRICE
Type A Marker
0-20
/Each
25 21-100
/Each
,CA3
101 +
/Each
3 ,
Type AY Marker
0-20
/Each
S U ,
26 21-100
/Each
5, cO
101 +
/Each
3 , Q
Type D Marker
0-20
/Each
5 p
27 21-100
/Each
•s , r�
101 +
/Each
, cc)
Type G Marker
0-20
/Each
,
28 21-100
/Each
t 5 UD
101 +
/Each
L� , CkD
Type H Marker
0-20
/Each
5,
29 21-100
101 +
/Each
/Each
�S,cp
, 03
30 8" Ceramic Round Non -Reflective
31 Blue Dot Type 1 Marker
l
/Each
�
/Eachrj
, Q
13 04/18/2024
Item No. 13
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 11, 2024
SUBJECT: Approve Minor Maintenance Agreement with Pattie Patrick dba Joncowest for Janitorial Services for Park Restrooms for Fiscal Years 2024-2029 PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant
RECOMMENDATION: That the City Council approve the minor maintenance agreement with Pattie Patrick dba Joncowest for janitorial services for park restrooms for fiscal years 2024- 2029, in the amount of $850,000.
BACKGROUND: On March 22, 2024, the Public Works Department Maintenance Division posted on the City of Temecula's online bidding service, Planet Bids, a Request for Proposal (RFP) No. 288 for janitorial services for park restrooms.
On April 22, 2024, the city received eleven (11) proposals, and a review panel was formed to ensure a fair and comprehensive evaluation of each proponent's proposal was performed.
Following a thorough evaluation and rating process, it was determined that Pattie Patrick, dba Joncowest as the top-ranking firm and most qualified to provide janitorial services for park restrooms. The agreement amount provides for the monthly service fee for each site, a provision for an average annual CPI increase, estimated at 5% each fiscal year, and an allowance for extra work for additional janitorial services, as may be requested by staff.
Staff hereby recommends the approval of the Agreement with Pattie Patrick, dba Joncowest for janitorial services for park restrooms for Fiscal Years 2024-2029.
FISCAL IMPACT: Adequate funds will be made available in the Annual Operating Budget for each of the Fiscal Years 2024-2029.
ATTACHMENTS: Agreement
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
CITY OF TEMECULA AND PATTIE PATRICK, dba JONCOWEST
JANITORIAL SERVICES FOR PARK RESTROOMS
THIS AGREEMENT is made and effective as of June 11, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Pattie Patrick, dba Joncowest, a Sole Proprietor (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.
The Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside - San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Eight Hundred Fifty Thousand Dollars and No Cents ($850,000.00) for the total term of this 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 City Manager or his designee. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager or his designee and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed 04/18/2024
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.
4. 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.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished, and work performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment.
7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the 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.
8. 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 City Manager 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 04/18/2024
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.
9. 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.
10. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Contractor, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to its employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 04/18/2024
By executing this Agreement, Vendor is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor's products and completed operations of the Contractor; premises owned, occupied or used by the Vendor.
General liability coverage can be provided in the form of an endorsement to the Contractor Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 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 insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Contractor may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 5) 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.
6) If the Contractor's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) 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.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf 4 04/18/2024
of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must 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 certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
11. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
12. 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.
13. 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.
04/18/2024
14. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
15. 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 - 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.
16. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.
17. 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.
18. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
04/18/2024
To Contractor: Pattie Patrick, dba Joncowest
Attn: Melody Patrick
268 N. Lincoln Ave, Suite 8
Corona, CA 92882
19. 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.
20. 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.
21. 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.
22. 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.
23. 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 City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 04/18/2024
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:
PATTIE PATRICK, DBA JONCOWEST
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:�
Pattie Patrick, CEO
By:
Jah la Jones, COO
Peter M. Thorson, City Attorney CONTRACTOR
Pattie Patrick, dba Joncowest
Attn: Melody Patrick
268 N. Lincoln Ave, Suite 8
Corona, CA 92882
Ph: 800-646-0234
help(a)ioncowest.com
04/18/2024
EXHIBIT "A"
SCOPE OF WORK
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for janitorial services for park restrooms at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows:
1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager or his designee whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the City Manager or his designee may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the City Manager or his designee, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement.
SCOPE:
• The restrooms shall be maintained in a neat, clean, and sanitary condition on a daily basis. • Restrooms shall be serviced daily, 7 days a week, 365 days a year (including all holidays). • Clean, stock and lock restrooms and associated gates at Community/Sports Parks between the hours of 10:00 p.m. and 12:00 a.m.
• Clean, stock and lock restrooms and associated gates at the Neighborhood Parks between the hours of 9 p.m. and 11 p.m.
• Clean, stock, and lock restrooms and associated gates at school Facilities as indicated in the Fee Schedule at 10 p.m.
• Record and submit daily all maintenance activities, vandalism, and graffiti on Restroom Maintenance Checklist form and submit via email to the City's Maintenance Superintendent or other designated person.
• Keep and provide records as required by City representative. • Provide all necessary equipment, tools, chemical disinfectants and sanitizer, supplies, etc. necessary to perform specified work.
04/18/2024
• City to provide all paper products and trash container liners (toilet paper, seat covers, paper towels). Submit request for products weekly.
• Perform all activities in a safe manner pursuant to requirements by OSHA, utilizing all personal safety items required to prevent accidents, illness, or injury to maintenance personnel.
• Some situations may require additional janitorial work to be performed to ensure the health and safety of the public. No additional compensation will be given for such work. • No unsafe condition shall be left without notification of City's authorized representative.
SPECIFICATIONS:
These specifications are minimum requirements for the custodial services of park restrooms. • Sweep restrooms and remove litter from interior and exterior of building (including walkway leading up to restroom entrance). To be performed daily. • Empty interior trash containers and replace liners. Wash out containers and clean receptacles as needed. To be performed daily. Scrub and sanitize toilets, lavatories, and floor/wall areas adjacent and/or below fixtures. To be performed daily. • Wipe down all fixtures, removing water, dirt, stains, and any other incongruous substance.
To be performed daily.
• Remove dirt, stains, or other debris on walls, ceilings, and light fixtures. To be performed daily.
• Stock all toilet paper and other paper products. Replace toilet paper when rolls are at or less. Do not leave loose toilet paper rolls. To be performed daily. • Replace soap dispenser bags as needed.
• Wash and scrub floors and walls, using a pressure washer rated at a minimum of 800 psi.
Use cleaning and disinfectant chemicals to remove odors. To be performed daily. • Record on report form any graffiti and/or vandalism. To be performed daily.
ADDITIONAL SERVICES:
• City staff may request additional janitorial services for parks or facilities, subject to negotiation and agreement between both parties..
10 04/18/2024
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
PARK NAME ADDRESS
Fill in Monthly Fee only
RESTROOMS AT COMMUNITYPARKS (Serviced 8 Locked between 10:00 p.rn.12a.rn.) Monthly
Annual
1 HARVESTON COMMUNITY PARK - SOCCER
285B2 Harveston Drive
$555.06
S6,660.011
2 HARVESTCN COMMUNTY PARK - BASEBALL
285B2 Harvestan Drive
$4710_1)D
$5,64D_D0
3 MICHAEL'MIKE' NAGGAR COMMUNITY PARK
+Lack playground access gate
2911E Margarita Road
$345.D0
$4,140.1)0
4 FRIENDSHIP PARK
44900 Temecula Lane
$435.D0
55,220.1)0
5 PALOMA DEL SOL PARK
32099 De Portola Road
$345.D0
$4,140.130
6 PATRICIA H. BIRDSALL SPORTS PARK — SMACK BAR
32380 Deer Hollow
$59D.D0
$8,280.D0
7 PATRICIA H. BIRDSALL SPORTS PARK — PLAYGROUND
32380 Deer Hollow
%3W.D3
$4,32D.D0
S
RONALD REAGAN SPORTS PARK - NORTHISOUTH FIELD
42T75 Margarita Road
$235.D0
$2,820.D0
s
RONALD REAGAN SPORTS PARK — RANCHO VISTA FIELD
30875 Rancho'Jista Road
$60D.DD
57,200.1)0
RONALD REAGAN SPORTS PARK - TEMECULA SKATE PARK
Lock skate park access gate 10PM
42569 Margarita Road
$3W.D0
$4,560.D0
11 TEMEKU HILLS PARK - PLAYGROUND
31367 La Serena
$235.D0
32,820.DD
12 TEMEKU HILLS PARK - BASEBALL
31367 La Serena
$5W.D0
$6,00D.DD
13 SPORTS RANCH AT SOMMERS BEND - SNACK BAR
32101 Sommers Bend
$600.D0
$7,200.1)0
14 SPORTS RANCH AT SOMMERS BEND - PLAYGROUND
32102 Sommers Bend
$300.DD
$3,600.1)0
RESTROOMS AT NEIGHBORHOOD PARKS (Semioed & Lacked between 8:36 p.m. to 12 a.m.) 15 CROWNE HILL PARK
332'r{KQOld Kent Road
$235.D0
$2,820.1)0
1G
HARVESTON LAKE PARK — BOATHOUSE
4D233 Village Road
$275.D0
$3,300.1)0
17 HARVESTON LAKE PARK — PLAYGROUND
40233 Village Road
$275_DII
$3,30D_DO
18 KENT HINTERGARDT MEMORIAL PARK
31465 Via Cordoba
$345_DII
$4,140_DO
19 MEADOWS PARK
43110 Meadmvs Parkway
$235_DII
$Z820_DI1
20 PAUBA RIDGE PARK
33405 Pauba Road
$235.D0
$2,820.D0
21 REDHAWK COMMUNITY PARK
44747Re&ta Parkway
$15D.D0
$1,800.D0
22 SAM HICKS MONUMENT PARK
419M Moreno Road
$345.D0
$4,140.DD
23 SKYVIEW PARK
31991 Roripaugh Valley Road
$235.D0
$2,820.1)0
24 TEMECULA DUCKPOND
28250 Ynez Road
$345_DII
$4,140_DO
25 W INCHESTER CREEK PARK
39950 Margarita Road
$235_DII
j2,820_D0
25 WOLF CREEK PARK
45B50 Wc4f Creek Drive North
$275_DO
$3,30D_DO
RESTROOMS AT OTHER FACILITIES (Service & Locked 10:00 p.m.) 27 TEMECULA VALLEY HIGH SCHOOL TENNIS COURT
+Lack designated pedestrian access gate and parking lot gate 10 p-m_ 31`'`5 Rancho'r'ista Rd
$2,060.00
$24,T20.00
2E
GREAT OAK HIGH SCHOOL TENNIS COURT
+Lock designated pedestrian accros gate are parking lot gate 10 p_m_ 32555 Deer Hollow Way
$190_1)[1
S2,280 0:
SUBTOTAL
$11,485.00
S137,82,.-.00
+ Indicates additional gates to he lacked nighty
Any janitorial services not covered by the Payment Rates and Schedule outlined in this contract will be quoted separately upon request by staff. Such quotes will be subject to mutual agreement between both parties before commencement of the additional work. 11 04/18/2024
Item No. 14
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 11, 2024
SUBJECT: Approve Third Amendment to the Minor Maintenance Agreement with Mariposa Tree Management, Inc., for Citywide Tree Trimming Maintenance Services for Fiscal Year 2024-2025
PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant
RECOMMENDATION: That the City Council approve the third amendment to the minor maintenance agreement with Mariposa Tree Management, Inc. for citywide tree trimming maintenance services for fiscal year 2024-2025, in the amount of $700,000.
BACKGROUND: On November 9, 2021, City Council approved an annual agreement with Mariposa Tree Management, Inc. for citywide tree trimming maintenance services in the amount of $500,000. On April 26, 2022, City Council approved the First Amendment to extend the term to June 30, 2023, and increase payment in the amount of $900,000, and on June 13, 2023, City Council approved the Second Amendment to extend the term to June 30, 2024, and increase the payment in the amount of $700,000. The Third Amendment will extend the term to June 30, 2025, and increase payment in the amount of $700,000, for a total agreement amount of $2,800,000.
Mariposa Tree Management, Inc. has performed these services over the past three fiscal years and continues to show they are capable and responsive to the needs of the city to provide a variety of tree trimming maintenance services and maintain an efficient and economical means of completing the work.
FISCAL IMPACT: Adequate funds will be available in the Annual Operating Budget (AOB) for Fiscal Year 2024-2025.
ATTACHMENTS: Third Amendment
THIRD AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND MARIPOSA TREE MANAGEMENT, INC.
CITYWIDE TREE TRIMMING MAINTENANCE SERVICES
CONTRACT NO. 2021-268
THIS THIRD AMENDMENT is made and entered into as of June 11, 2024, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Mariposa Tree Management, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
This Amendment is made with the respect to the following facts and purposes:
a. On November 9, 2021, the City and Contractor entered into that certain Agreement entitled "Agreement for Citywide Tree Trimming Maintenance Services," in the amount of $500,000.
b. On April 26, 2022, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Citywide Tree Trimming Maintenance Services," to extend the term of the agreement to June 30, 2023, and increase the payment in the amount of $900,000.
C. On June 13, 2023, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Citywide Tree Trimming Maintenance Services," to extend the term of the agreement to June 30, 2024, and increase the payment in the amount of $700,000.
d. The parties now desire to extend the term of the agreement to June 30, 2025, increase the payment in the amount of $700,000, and to amend the Agreement as set forth in this Amendment.
2, Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows:
This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement.
3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:
The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void.
The total amount of this Agreement shall not exceed Two Million, Eight Hundred Thousand Dollars and No Cents ($2,800,000). 08/09/2021
4. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full.
5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By:
James Stewart, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
MARIPOSA TREE MANAGEMENT, INC.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:
Terry Non ga, Presiden
By:
Dennis
President
By:
Peter M. Thorson, City Attorney CONTRACTOR
Secretary & Vice
itions
Mariposa Tree Management, Inc.
Attn: Brandon Williamson
6232 Santos Diaz Street
Irwindale, CA 91702
Ph. 626-960-0196
[email protected]
3 08/09/2021
ATTACHMENT A
EXHIBIT B
DESCRIPTION I UOM I FEE 1 PRICE
TREE TRIMMING
1 Street Tree Trimming (Clearance Trim)
Each
$70A9
2 Street Tree Aesthetic Trimming
Each
$82.65
37 Park f Slope Tree Aesthetic Trimming (Aerial Unit)
Each
$113.03
4. Park) Slope Tree Aesthetic Trimming (Climbing)
Each
$285.62
5. Palm Tree Trimming
Each
$82.65
6_
Complete Tree and Stump Removal
Diameter
Inch
$47.40
7,
Complete Tree Removal Only
Diameter
Inch
$35.24
8. Stump Removal Only
Diameter
Inch
$19A5
9. Root Pruning with Root Barrier (10 feet length x 18 inches depth — deep root or equivalent)
Each
$200.54
10. Root Pruning without Root Barrier
Each
$237.00
TREE PLANTING
11 _
15 Gallon with Root Barrier
Each
$218.77
12_
15 Gallon without Root Barrier
Each
$194.46
13. 24 Inch Box with Root Barrier
Each
$455.77
14_
24 Inch Box without Root Barrier
Each
$431.46
15_
Tree Watering
Per Day
$850.77
16_
Crew Rental (3 men, aerial unit, dump truck and chipper) Per Hour
$317.22
17 Crew Rental (2 men, aerial unit, dump truck and chipper) Per Hour
$211.47
18. Crew Rental (1 man)
Per Hour
$1D5.74
19. Emergency Work Call -Out (3 men, including all necessary equipment, disposal fees, and zero material mark-up
Per Hour
$390.14
20_
Tree Inventory Data Collection Including GPS Data and
Documentation of Tree
Each
$3.65
08/09/2021
Item No. 15
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 11, 2024
SUBJECT: Approve Deed Restriction for Prop 68 Grant Funding, Dog Park Renovation at Michael "Mike" Naggar Community, Project No. PW21-14
PREPARED BY: Nino Abad, Senior Civil Engineer
Kellen Freeman, Assistant Engineer
RECOMMENDATION: That the City Council:
1. Approve a Deed Restriction for the Dog Park Renovations at Michael "Mike" Naggar Community Park, PW21-14; and
2. Authorize the City Manager to execute and record the deed restriction for the Dog Park Renovations at Michael "Mike" Naggar Community Park, PW21-14.
BACKGROUND: The Michael "Mike" Naggar Community Park Dog Park Project (Project) is a capital improvement project that includes the construction of a new, approximately 33,000 square foot dog park, located at Michael "Mike" Naggar Park. The Project includes one large dog breed pen, one small dog breed pen, seating areas, shade structures, landscaping, irrigation, perimeter chain -link fence with gate, lighting, and refuse areas.
The Project is partially funded by two grant funds sources which include American Rescue Plan Act (ARPA) federal funding administrated by the County of Riverside, and Prop 68 Per Capita Grant Program funding through the State of California, Department of Parks and Recreation.
As a requirement for reimbursement of the Prop 68 Per Capita Grant Program funding, a deed restriction must be placed on the title to the property that the Project is located on, Michael "Mike" Naggar Park. The deed restriction restricts usage of a portion of Michael "Mike" Naggar Park (project area only) for the dog park, consistent with the terms of the Prop 68 Per Capita Grant for the duration of the grant contract performance period, which is from July 01, 2018 through June 30, 2048.
FISCAL IMPACT: The Dog Park Renovation at Michael "Mike" Naggar Community Park Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2024-2028 and is funded with Measure S funds, American Rescue Plan Act (ARPA) funds, and Prop 68 Per Capita Grant Program funds. Adequate funds are available in the project accounts to pay the recording fee with the County of Riverside.
ATTACHMENTS: 1. Deed Restriction
2. Project Description
3. Project Location Map
RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Sara Schlussler
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DEED RESTRICTION
I. WHEREAS, City of Temecula (hereinafter referred to as "Owner(s)" is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference
(hereinafter referred to as the "Property"); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as "DPW") is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the "PRC"). And III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program for Install new dog park with paved paths, landscaping, fencing, and minor elements on the Property; and IV. WHEREAS, on _July 1, 2020, DPR's Office of Grants and Local Services conditionally approved Grant 18-33-038 , (hereinafter referred to as "Grant") for Install new dog park with paved paths, landscaping, fencing, and minor elements on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond
Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors - in -interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.
1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors -in -interest for the period running from July 1, 2018 through June 30, 2048.
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax -deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: 20
Business Name (if property is owned by a business):
Owner(s) Name(s): City of Temecula
Attest:
Signed:
Randi Johl, Director of Legislative Affairs/Cites Aaron Adams, City Manager
PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (ADDITIONAL SIGNATURE, AS REQUIRED) (GRANTEE'S AUTHORIZED REPRESENTATIVE) APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On
before me,
a Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT `A'
LEGAL DESCRIPTION
A portion of Lot 14 as said Lot is shown on that certain Final Map entitled "Tract No. 3334", filed for record in the office of the Riverside County Recorder on July 8, 1965, in Book 54 of Maps, at Page 25, situate within the City of Temecula, County of Riverside, State of California, being more particularly described as follows:
COMMENCING at the southeasterly terminus of that certain centerline tangent of Margarita Road delineated on said final map as "N 81055'10" W 630.24' ", said Margarita Road being shown on said Final Map as "South General Kearny Road'; Thence from said POINT OF COMMENCEMENT, South 42017'21" West a distance of 784.38 feet, to the TRUE POINT OF BEGINNING; Thence from said TRUE POINT OF BEGINNING, continuing within said Lot 14, the following twelve (12) arcs, courses and distances:
1) North 76045'53" West, a distance of 268.25 feet to a point bearing South 15*11'25" West a distance of 629.42 feet from the northwesterly terminus of said centerline tangent of Margarita Road;
2) North 20000'44" West a distance of 49.56 feet;
31, North 70°4336' East a distance of 126.59 feet;
4) North 17*16'10" West a distance of 18.50 feet;
5) North 71011'09" East a distance of 13.34 feet;
6) North 71001'56" East a distance of 32.59 feet;
7) South 19015'50" East a distance of 38.46 feet;
8) North 70045'03" East a distance of 102.06 feet;
9) North 7W37'53" East a distance of 17.62 feet;
10) From a radial line bearing North 31 °54'38" West from the center of a 7.13 foot radius non -tangent curve concave southwesterly, 14.03 feet along the arc of said curve, through a central angle of 112°43' 17";
11) South 01 027'35" East a distance of 165.83 feet;
12) South 53032'28" West a distance of 24.94 feet to the TRUE POINT OF BEGINNING.
Containing 35,748 square feet (0.821 acres) of land, more or less.
See "EXHIBIT 'B', plat to accompany description" attached hereto and made a part hereof.
The Basis of Bearings for this legal description is identical to said Final Map entitled "Tract No. 3334" filed for record in the office of the Riverside County Recorder on July 8, 1965, in Book 54 of Maps, at
Pursuant to Section 8761(b) of the Professional Land Surveyor's Act, this description was prepared by me, or under my responsible charge,
\O�NL LAk�s
cy p
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Andrew P. Tapley, PLS 9554
Date: 04/26/2024 /1
PLAT TO ACCOMPANY DESCRIPTION
*ORTION OF LOT 14, IN THE CITY D
TEMACULA, COUNTY OF RIVERSIDE,
CALIFORNIA I
PARCEL1
LEGEND
PliC = POINT OF COMMENCEMENT
TPI\E[ = TRUE POINT OFBEGINNING
(R) = RADIAL BEARING
= DOG PARK
| AREA=35.748+/- S.F.(0.821+/-AC)
TRACT NO. 2053
co
'
Es DEL SOL
MARGATTA ROAD I— P.O.C.
LOT1G
TRACT NO. 3334
NL LA
CL- IT
kFT
4126/2024
ANDRtW P. TAP -LEY, P.L.S. 9554 DATE
�_
EXHIBIT 551355
PLAT TO ACCOMPANY DESCRIPTIOIA
PORTION OF LOT 14, IN THE CITY
TEMACULA, COUNTY OF
I;s
\Al
V4
DOG PARK
PORTION OF LOT 14
TRACT NO. 3334
M.B.54125-30
IV '6747753"VV
268-25'
LOT 16
TRACT NO. 3334
M.B.54/25-30
CURVE DATA TABLE
LINE #
DELTA
RADIUS
LENGTH
cl
112'43'17"
7,13'
14.03'
LEGEND
P.O.C. = POINT OF COMMENCEMENT
T.P.O.B. = TRUE POINT OF BEGINNING
(R) = RADIAL BEARING
DOG PARK
AREA = 35,748+/- S.F. (0,821 +/- AC)
Z-) co
L6
CD
ui
u')
M
�lk
LINE TABLE
LINE #
BEARING
DISTANCE
Ll
N20'00'44"W
49.56'
L2
N17*16*10"W
18.50'
L3
N71'11'09"E
13.34'
L4
N71'01'56"E
32.59'
L5
S19'15'50"E
38.46'
L6
N70'37'53"E
17.62'
L7
S53'32'28"W
24.94'
DocuSign Envelope ID: C5F744EB-4BB8-4B76-90CF-3A20A22B8CC3 State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
GRANTEE City of Temecula
THE PROJECT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2024 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.
The General and Special Provisions attached are made a part of and incorporated into the Contract.
City of Tern ula
/7
Grantee. C
By
(Signature of Authorized Representative)
Title City Manager
Date 7,
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By LDocuSigned by:
WIAD152004346D
...
Date 3/4/2022
CERTIFICATION OF FUNDING
(For State Use Only) _
CONTRACT NO AMENDMENT NO FISCAL SUPPLIER I.D. PROJECT NO.
C9801506 0000007296 1 18-33-038
AMOUNT ENCUMBERED BY THIS DOCUMENT FUND.
$177,952.00 1 Drought, Water, Cln Air, Cstl Protc, Outdoor Fund
AMOUNT ENCUMBERED FOR THIS ITEM CHAPTER STATUTE FISCAL YEAR ACT 3790-101-6088 29
18 2021 /22
AMOUNT ENCUMBERED TO DATE Reporting Structured. Accaunt/A{i Account. j ACTIVITY CODE PROJECT I WORK PHASE $177,952.00 37900091 -9432000-5432000000 69801
DocuSign Envelope ID: C5F744EB-4BB8-4B76-90CF-3A20A22B8CC3 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT' or "STATE") and City of Temecula (hereinafter referred to as "GRANTEE").
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $177,952 , subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number— 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT'). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 01, 2018 to June 30. 2024 II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term "ACT' means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term "DEPARTMENT' or "STATE" means the California Department of Parks and Recreation.
4. The term "DEVELOPMENT' means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.
6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The
DocuSign Envelope ID: C5F744EB-4BB8-4B76-90CF-3A20A22B8CC3 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
B. Project Execution
Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.
3. The GRANTEE shall comply with the California Environmental Quality Act Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations; Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the 17 DocuSign Envelope ID: C5F744EB-4BB8-4B76-90CF-3A20A22B8CC3 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non -completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
3 DocuSign Envelope ID: C5F744EB-4BB8-4B76-90CF-3A20A22B8CC3 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project 4 DocuSign Envelope ID: C5F744EB-4BB8-4B76-90CF-3A20A22B8CC3 termination or issuance of final payment, whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT.
DocuSign Envelope ID: C5F744EB-4BB8-4B76-90CF-3A20A22B8CC3
5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro -rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.
The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.
M. Assignability
C
DocuSign Envelope ID: C5F744EB-4BB8-4B76-90CF-3A20A22B8CC3 Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
City of Temecula _
GRANTEE
By:
Signature ❑ uthorued Repres ntative
Title: VA ewvl-s�,n.►
Date:12
STATE OF CALIFORNIA
DEPAR W NTIZV PARKS AND RECREATION
By: soy
Date. 3/4/2022
7 Adk
The Heart of Southern California
Wine Country
DOG PARK RENOVATION
Parks/Recreation Project
Project Description: This project is to design and construct a dog park at Michael "Mike" Naggar Community Park. The dog park will include small and large dog pens, seating, drinking fountains, shade and an agility dog course feature in addition to ADA access.
Benefit: This project protects the City's vast investment in parks and open space facilities. In addition, this project satisfies the City's Core Values of a Healthy and Livable City and Responsive City Government.
Core Value: Healthy and Livable City
City of Temecula
Fiscal Years 2024-28
Capital Improvement Program
Project Status: Design is currently at 90%. The project is estimated to be complete "s in Fiscal Year 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
5801-Ad ministration
25,000 150,000
175,000
5804-Construction
533,484 260,000
793,484
5802-Design & Environmental
15,116
56,400
71,516
cnurro of Funrfc-
4025-Grants 1
247,126
247,126
4002-Measure 5
25,000
357,874 210,000
592,874
4025-GrantS2
200,000
200,000
Total Funding
25,000
605,000 410,000
1 040 000
Future Operating & Maintenance Costs:
Total Operating Costs
Notes :
1. Proposition 68 Grant from the California Department of Parks and Recreation
2. American Rescue Plan Act (ARPA), signed into law March 11, 2021, grant through the County of Riverside
OF TENjtG
G
ooti ioo
t1989 " o
Legend
Special Zoning Parcels
City of Temecula Boundary
❑
Parcels (February 2024)
Street Names
Highways
. HWY
. INTERCHANGE
. INTERSTATE
OFFRAMP
ONRAMP
. USHWY
Hospitals
Creeks
❑
Cities
Streets
PAVED
-- PROPOSED
UNPAVED
Notes
188.1 0 94.04 188.1 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be WGS_1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise reliable. © Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Item No. 16
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works
DATE: June 11, 2024
SUBJECT: Accept Dedications of Certain Streets for Public Use and Accept Certain Portions into the City -Maintained Street System
PREPARED BY: Ron Moreno, Assistant Director of Public Works Annie Bostre-Le, Stormwater Program Manager
RECOMMENDATION: That the City Council adopt the following resolutions entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING DEDICATIONS OF PORTIONS OF
CALLE MEDUSA FROM NICOLAS ROAD TO ENFIELD LANE
FOR PUBLIC USE AND ACCEPTING SAID PORTIONS INTO
THE CITY -MAINTAINED STREET SYSTEM
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING DEDICATIONS OF PORTIONS OF
GREEN TREE ROAD FROM PAUBA ROAD TO DEODAR
LANE FOR PUBLIC USE AND ACCEPTING SAID PORTIONS
INTO THE CITY -MAINTAINED STREET SYSTEM
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING DEDICATIONS OF PORTIONS OF
ORMSBY ROAD FROM SANTIAGO ROAD TO ESTERO
ROAD FOR PUBLIC USE AND ACCEPTING SAID PORTIONS
INTO THE CITY -MAINTAINED STREET SYSTEM
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING DEDICATION OF PORTIONS OF
VIA EL DELORA FROM ORMSBY ROAD TO END OF THE
VIA EL DELORA CUL-DE-SAC FOR PUBLIC USE AND
ACCEPTING SAID PORTIONS INTO THE CITY -
MAINTAINED STREET SYSTEM
BACKGROUND: During the May 14, 2024, City Council meeting, the City Council considered the recommendation of the Private -Public Street Maintenance Ad Hoc Subcommittee regarding the acceptance of certain streets dedicated for public use that have not been accepted into the City -maintained street system.
The Private -Public Street Maintenance Ad Hoc Subcommittee established the following criteria for acceptance:
1. Residential Street with Access:
a. Has two access points, one of which connects to a street already maintained by the City OR
b. Constructed according to City street standards and connects to a paved street maintained by the City
2. Dedicated for Public Use
3. Not Previously Accepted for Maintenance: No prior acceptance via City Council Resolution
4. Lack of Property/Homeowner's Association: No association to fund street maintenance
5. Absence of Community Facilities or Assessment District: Not part of any district funding street maintenance
Based on the criteria above, the City Council determined that the following streets meet these criteria set by the Private -Public Street Maintenance Ad Hoc Subcommittee for inclusion in the City -maintained street system. Said streets are more specifically described in Exhibit "A" to each Resolution.
1. Calle Medusa from Nicolas Road to Enfield Lane
2. Green Tree Road from Pauba Road to Deodar Lane
3. Ormsby Road from Santiago Road to Estero Road, and
4. Via El Delora from Ormsby Road to the end of the cul-de-sac FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every five to eight years.
ATTACHMENTS: 1. Resolution - Calle Medusa
2. Resolution - Green Tree Road
3. Resolution - Ormsby Road
4. Resolution - Via El Delora
RESOLUTION NO.2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ACCEPTING DEDICATIONS OF
PORTIONS OF CALLE MEDUSA FROM NICOLAS ROAD
TO ENFIELD LANE FOR PUBLIC USE AND ACCEPTING
SAID PORTIONS INTO THE CITY -MAINTAINED STREET
SYSTEM
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Findings. The City Council finds, determines and declares that:
A. The City Council considered the recommendation of the Private -Public Street Maintenance Ad Hoc Subcommittee at the City Council Meeting of May 14, 2024 regarding the acceptance of certain streets dedicated for public use that have not been accepted into the City - maintained street system.
B. The City Council agreed that Calle Medusa from Nicolas Road to Enfield Lane (referred to below as "Calle Medusa") satisfied the criteria considered by the Private -Public Street Maintenance Ad Hoc Subcommittee for acceptance into the City -maintained street system.
Calle Medusa (i) is a residential street with two points of access (one of which connects to a street within the City's accepted street maintenance program) and/or is a residential street constructed/paved in accordance with City street standards and connects to a paved street that has been accepted by the City into the City -maintained street system; (ii) is dedicated for public use; (iii) has not been accepted for maintenance pursuant to a City Council Resolution; (iv) there is no property association or homeowner's association along the street to implement a funding mechanism for street maintenance; and (v) is not in an area subject to a community facilities district or assessment district to fund street maintenance. The subject portions of Calle Medusa are depicted roughly on EXHIBIT "A" attached hereto and incorporated herein by this reference.
C. Calle Medusa was dedicated for public use, namely public street and public utility purposes pursuant to the following Declaration of Dedication, Parcel Maps, and Tract Map recorded in the Official Records of the County of Riverside (referred to collectively as the "Recorded Dedications"):
(i) Declaration of Dedication recorded on December 5, 1968 as Document No. 119016;
(ii) Parcel Map filed on December 5, 1968 in Book P-1 of Parcel Maps at Pages 44, 45 and 46 (Document 119017) with related Certificate of Correction Number 44687 recorded March 17, 1977;
(iii) Parcel Map 6276 filed on February 25, 1975 in Book 17 of Parcel Maps at