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062204 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title III AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 22, 2004 — 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. P.M. - Closed Session of the City CounciUTemecula Redevelopment Agency rant to Government Code Sections: Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the sale of real property located on the north side of La Serena Way, west of Rancho Elementary School (APN 953-050-001 and APN 919-273-008.) The negotiating parties are the City of Temecula and Affirmed Housing. Under negotiation are the price and terms of payment of real property interests proposed to be conveyed and/or acquired. The City negotiators are Shawn Nelson, James O'Grady and John Meyer. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: No. 2004-07 Resolution: No. 2004-69 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Margaret Bird Flag Ceremony: Councilman Stone Invocation: Pastor Todd Harvey of Sunrise Christian Fellowship ROLL CALL: Comerchero, Roberts, Stone, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Amateur Radio Week Proclamation R:\Agenda\062204 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of May 20, 2004 (Budget Workshop); 2.2 Approve the minutes of May 25, 2004. Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: R:\Agenda\062204 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Amendment to Animal Friends of the Valley Contract for Animal Control Services RECOMMENDATION: 4.1 Approve a one-year contract extension for Animal Control Services with Animal Friends of the Valley not to exceed $130,000; 4.2 Authorize the City Manager to approve additional service not to exceed 10% of the amount of the agreement. 5 Cable Franchise Agreement Extension of Time RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS TO MARCH 31, 2005, TO FACILITATE THE CITY'S NEGOTIATIONS WITH THE CABLE OPERATOR REGARDING RENEWAL OF THAT FRANCHISE AGREEMENT Amendment No. 3 to the Agreement with LPA. Incorporated for Temecula Public Library Design Services RECOMMENDATION: 6.1 Approve Amendment No. 3 to the agreement with LPA, Incorporated in an amount of $156,000 for Temecula Public Library Design Services. 7 Riverside County Library Contract Amendment No. 7 RECOMMENDATION: 7.1 Approve Amendment No. 7 to the agreement to provide Library Services (additional staff); 7.2 Authorize the expenditure of an amount not to exceed $150,000 to fund the Temecula Library Volunteer Coordinator half-time position and to subsidize funding to maintain the Senior Reference Librarian and Reference Librarian positions for fiscal year 2004-05. R:\Agenda\062204 Accela/Permits Plus Maintenance Agreement RECOMMENDATION: 8.1 Authorize the purchase of the annual maintenance support for the following Accela/Permits Plus Applications: Permits Plus Base, Client Server, Workflow, and Wireless Modules for the total amount of $27,912.64. 9 Request Support for State Funding to support additional Judicial Officers RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE GOVERNOR APPROPRIATE FUNDING TO SUPPORT THE APPOINTMENT OF ADDITIONAL JUDICIAL OFFICERS FOR RIVERSIDE AND SAN BERNARDINO COUNTIES 10 David Turch & Associates contract for Federal Legislative Services RECOMMENDATION: 10.1 Approve a one-year contract with an option for an additional year for Federal legislative services to be provided by David Turch & Associates in the amount of $36,000. 11 State Lobbyist Contract RECOMMENDATION: 11.1 Approve a one-year contract with an option to renew for an additional year for State lobbying services with the Wilson Group, LLC in an annual amount of $42,000. 12 Approval of Contract for Plan Review Services RECOMMENDATION: 12.1 Approve an agreement for consultant services with Esgil Corporation to perform plan review for the Building and Safety Department for a term of three years to June 30, 2007; 12.2 Approve an expenditure in an amount not to exceed $200,000.00 annually over the term of this agreement plus a 10% contingency. RAAgenda\062204 13 Approval of Funds for Plan Review Services RECOMMENDATION: 13.1 Approve a First Amendment to Esgil Corporation for Plan Check Services with Esgil Corporation; 13.2 Approve an expenditure in an additional amount not to exceed $15,800 for Plan Check Services with Esgil Corporation to complete fiscal year 2003/04 for a total contract amount of $115,800. 14 Revision to Adopted User Fee Schedule RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE SCHEDULE OF CITYWIDE FEES FOR LAND USE AND RELATED FUNCTIONS 15 Bus Bench UDarades/Shelters — RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TEMECULA AND RIVERSIDE TRANSIT AGENCY FOR GRANT FUNDS SUPPORTING THE INSTALLATION OF BUS SHELTERS AT VARIOUS LOCATIONS WITHIN THE CITY OF TEMECULA 15.2 Authorize the Mayor to execute the Memorandum of Understanding between the City of Temecula and Riverside Transit Agency; 15.3 Authorize Project Management to be under the direction of the Director of Public Works/City Engineer for all technical and administrative matters necessary to implement and complete this project. R:\Hgenda\062204 16 Professional Services Agreements for Real Estate Appraisal Services for various Capital Improvement Projects for FY 2004-2006 RECOMMENDATION: 16.1 Approve an agreement with Robert Shea Perdue Real Estate Appraisal in the amount of $60,000.00 to provide as -needed real estate appraisal services; 16.2 Approve an agreement with Mason & Mason Real Estate Appraisers & Consultants in the amount of $60,000.00 to provide as -needed real estate appraisal services; 16.3 Authorize the Mayor to execute the agreements. 17 Professional Services Aareements for Geotechnical and Material Testing Services for various Capital Improvement Projects for FY 2004-2006 RECOMMENDATION: 17.1 Approve the agreement with EnGEN Public Works Services, LLC, in the amount of $60,000.00 to provide as -needed geotechnical and material testing services; 17.2 Approve the agreement with Ninyo & Moore in the amount of $60,000.00 to provide as -needed geotechnical and material testing services; 17.3 Authorize the Mayor to execute the agreements. 18 Professional Landscape Plan Check and Inspection Services Aareement for Fiscal Year 2004-2005 RECOMMENDATION: 18.1 Approve the annual professional services agreement for Fiscal Year 2004-2005 with PELA for landscape plan check and inspection services in the amount of $25,000.00; 18.2 Authorize the Mayor to execute the agreement. 19 Award the Construction Contract for Proiect No. PW01-02 — State Route 79 South Sidewalk and Landscape Improvement Project RECOMMENDATION: 19.1 Award a construction contract for Project No. PW01-02 State Route 79 South Sidewalk Improvement Project to C.S. Legacy Construction, Inc., in the amount of $152,825.00 and authorize the Mayor to execute the contract; 19.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,282.50 which is equal to 10% of the contract amount. R:\Agenda\062204 go - Citywide (PW 04-01) RECOMMENDATION: 20.1 Authorize the City Manager to approve a contract change order to the contract with Griffith Company for an amount not to exceed $600,000.00 above the previously approved 10% contingency for the Jefferson Avenue Pavement Rehabilitation - Phase II - Project No. PW02-26. 21 Award of Construction Contract for the Citywide Concrete Repairs - FY2003-04 - Project No. PW04-11 22 RECOMMENDATION: 21.1 Award a construction contract to International Pavement Solutions, Inc. in the amount of $172,415.00 for the Citywide Concrete Repairs - FY2003-04 - Project No. PW04-11 and authorize the Mayor to execute the contract; 21.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $17,241.50 which is equal to 10% of the contract amount. RECOMMENDATION: 22.1 Award a construction contract for Pechanga Parkway - Phase IIB Storm Drain Improvements (Wolf Valley Creek Channel - Stage 2) - Project No. PW99-11CH - to Road Builder's, Inc. in the amount of $2,940,768.42 and authorize the Mayor to execute the contract; 22.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $294,076.84 which is equal to 10% of the contract amount. 23 Completion and Acceptance of the Asphalt Crackfill Project - FY2003-2004 - various streets - Project No. PW04-04 RECOMMENDATION: 23.1 Accept the construction of the Asphalt Crackfill Project - FY 2003-2004 - various streets - Project No. PW04-04 as complete; 23.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 23.3 Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. R:Wgenda\062204 24 25 26 Public Works Fiscal Year 2004-2005 Annual Maintenance Agreements RECOMMENDATION: 24.1 Approve the Annual Maintenance contracts for Fiscal Year 2004-2005 with: 1. Murrieta Development Co. for an amount not to exceed $ 50,000.00 2. NPG, Inc. (Nelson Paving & Sealing) for an amount not to exceed $ 50,000.00 3. Monteleone Contractors, Inc. for an amount not to exceed $100,000.00 4. Toran Development & Construction for an amount not to exceed $100,000.00 5. Road Works, Inc. for an amount not to exceed $100,000.00 6. Strong's Painting for an amount not to exceed $100,000.00 7. Becker Engineering for an amount not to exceed $200,000.00 8. Imperial Paving Company, Inc. for an amount not to exceed $200,000.00 9. Rene's Commercial Management for an amount not to exceed $200,000.00 Amendment No. 1 to Citywide Tree Trimming Maintenance Services Contract RECOMMENDATION: 25.1 Approve Amendment No. 1 to the Citywide Tree Trimming Maintenance Services contract to West Coast Arborist, Inc. for $100,000.00 and authorize the Mayor to execute the contract; 25.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,000.00 which is equal to 10% of the contract amount. Amendment No. 5 to Construction Contract for Fiscal Year 2004-2005 Street Striping Program — Proiect No. PW01-12 RECOMMENDATION: 26.1 Approve Amendment No. 5 to the Construction Contract with C-18, Inc. for the Fiscal Year 2004-2005 Street Striping — Project No. PW01-12 for an amount of $225,000.00 and authorize the Mayor to execute the amendment. R:Wgenda\062204 8 27 Assessment District 03-04 (John Warner Road) — RECOMMENDATION: 27.1 Appropriate $113,300 in General Fund Reserves to advance funds for the extension of an existing Rancho California Water District (RCWD) water main from Culver Court To La Presa Loop (approximately 75% of which will be reimbursed by RCWD upon completion with the remainder reimbursed from RCWD upon collection of water service connection fees collected from a vacant parcel on La Presa Loop).; 27.2 Authorize the City Manager to approve a contract change order with McLaughlin Engineering and Mining, Inc. to allow completion of the water main extension concurrently with the John Warner Road project. 28 Professional Services Agreements for Engineering and Construction Survey Services for various Capital Improvement Projects for FY2004-2006 RECOMMENDATION: 28.1 Approve the agreement with Cozad & Fox, Inc. in the amount of $60,000.00 to provide as -needed engineering and construction survey services; 28.2 Approve the agreement with Hall & Foreman, Inc. in the amount of $60,000.00 to provide as -needed engineering and construction survey services; 28.3 Authorize the Mayor to execute the agreements. 29 First Street Bridge — Project No. PW01-08 — Acquisition Agreement for Mitigation Land RECOMMENDATION: 29.1 Approve and authorize the Mayor to execute in substantially the form attached hereto the agreement of purchase and sale between the City of Temecula and Borchard-Laveren, LLC (Borchard Temecula, LLC) for the acquisition of certain real property in the amount of $85,700.00 plus the associated escrow fees; 29.2 Appropriate $21,700.00 from Open Space Development Impact Fees to Project No. PW01-08; 29.3 Direct the City Clerk to record the document; 29.4 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 R:Wgenda\062204 KE 31 33 Project Nominations for the Transportation Uniform Mitigation Fee (TUMF) — High Priority Regional Arterial Projects Funding Program RECOMMENDATION: 30.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROJECT NOMINATIONS TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) HIGH PRIORITY REGIONAL ARTERIAL PROJECTS FUNDING PROGRAM FOR THE FRENCH VALLEY FREEWAY INTERCHANGE, THE STATE ROUTE 79 SOUTH FREEWAY INTERCHANGE, AND THE WESTERN BYPASS CORRIDOR 30.2 Authorize the Director of Public Works to forward said project nominations to the Riverside County Transportation Commission for further consideration. Contract Agreement for On -Call Traffic Signal Maintenance Services RECOMMENDATION: 31.1 Approve a contract agreement with Republic Electric to perform On -Call Traffic Signal Maintenance Services for an amount not to exceed $50,000.00 and authorize the Mayor to execute the agreement; 31.2 Terminate the Traffic Signal and Safety Lighting Maintenance Agreement between the City of Temecula and County of Riverside. Winchester Road Widening at Jefferson Intersection — Project No. PW00-27 — Acquisition Agreement — APN 909-281-019 RECOMMENDATION: 32.1 Approve and authorize the Mayor to execute in substantially the hereto the Agreement of Purchase and Sale between the City of Winchester/Jefferson, L.P. for the acquisition of certain real property of $136,414.00 plus the associated escrow fees; 32.2 Direct the City Clerk to record the document. Second Reading of Ordinance No. 04-06 (Art in Public Places) RECOMMENDATION: 33.1 Adopt an ordinance entitled: form attached Temecula and in the amount R:\Agenda\062204 10 ORDINANCE NO.04-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 5.08 TO THE TEMECULA MUNICIPAL CODE RELATING TO ART IN PUBLIC PLACES RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:Wgenda\062204 11 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-10 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Naggar, Roberts, Stone, Washington PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of June 8, 2004. 2 Acceptance of a Landscape Easement Deed within the Serena Hills Development — Tract Map No. 23209 RECOMMENDATION: 2.1 Accept a landscape maintenance easement deed from Alexanre Golovnia and Lidia Grichtchenko for the maintenance of an area on the west side of their residential lot 220 within Tract Map No. 23209; 2.2 Authorize the City Clerk to record the Landscape Maintenance Easement Deed. R:\Agenda\062204 12 0 5 Professional Services Agreement for TCSD Landscape Plan Check and Inspection Services 3.1 Approve a Professional Services Agreement with PELA, a landscape architectural firm, for TCSD Landscape Plan Check and Inspection Services in the amount of $60,000 and authorize the Board President to execute the agreement. First Amendment to the Citywide Tree Maintenance Services Contract RECOMMENDATION: 4.1 Approve the First Amendment to the Citywide Tree Maintenance Services Contract with West Coast Arborists, Inc. in the amount of $100,000.00 and to extend the term of the contract through June 30, 2005. 4.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,000.00 which is equal to 10% of the contract amount. Temecula Community Services District Fiscal Year 2004-2005 Annual Maintenance Agreements RECOMMENDATION: 5.1 Approve the minor annual maintenance and construction contracts for fiscal year 2004-2005 with: • Rizzo Construction in an amount not to exceed • Murrieta Development in an amount not to exceed • Becker Engineering Co. in an amount not to exceed • Power Distributors, Inc. in an amount not to exceed • Ingram Electric of California in an amount not to exceed • Strong's Painting in an amount not to exceed • Imperial Paving Co. in an amount not to exceed • Monteleone Contractors, Inc. in an amount not to exceed • NPG, Inc. in an amount not to exceed • Craftsmen Plumbing in an amount not to exceed DISTRICT BUSINESS 6 Children's Museum Grand Opening RECOMMENDATION: $100,000 $ 75,000 $ 75,000 $100,000 $100,000 $100,000 $ 50,000 $ 50,000 $ 50,000 $ 75,000 6.1 Receive and file this report related to the Grand Opening of the Imagination Workshop Temecula Children's Museum. R:\Agendak062204 13 DEPARTMENTAL REPORTS DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, July 13, 2004, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\062204 14 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2004-01 Resolution: No. RDA 2004-09 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL AGENCY MEMBERS: Naggar, Roberts, Stone, Washington, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of June 8, 2004. RECOMMENDATION: 2.1 Approve Amendment No. 2 to the Financial Service Agreement with Rehab Financial Corporation to provide loan servicing for the Redevelopment Agency loan portfolio to extend the term of the agreement to June 30, 2005 and authorize the Executive Director of the Agency to execute the amendment. R:\Hgenda\062204 15 3 Old Town Billboard Lease Agreement RECOMMENDATION: 3.1 Approve a $37,800 Lease Agreement with Lamar Advertising Company for the Old Town Billboard. DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, July 13, 2004, 7:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. R:Wgenda\062204 16 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 34 =0Z0uu ►9c •► 34.1 Separately consider each of the following two resolutions, which are Resolutions of Necessity, of the City of Temecula declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the Winchester Road Widening Project: 34.1.1. Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE WINCHESTER ROAD WIDENING PROJECT (APN 909-270-043) 34.1.2. Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE WINCHESTER ROAD WIDENING PROJECT (APN 909-270-042) 34.2 Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity, receive from staff the evidence stated and referred to in this agenda report (Report), take testimony from any person wishing to be heard on issues A, B, C, and B below, and consider all evidence to determine whether to adopt the proposed Resolutions of Necessity, each of which requires the City Council's separate consideration and determination; 34.3 If the City Council finds, based upon the evidence contained and referred to in this Report, the testimony and comments received at this hearing, and all written testimony submitted to the City Council, that the evidence warrants the necessary findings with respect to each of the proposed Resolutions of Necessity, then staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution Nos. 04- and 04-_; (each of which requires a 4/5ths vote of the entire Council) and authorize the City Attorney's office to file eminent domain proceedings to acquire the following real property interests: R:Wgenda\062204 17 Portions of 41540 Winchester Road (Assessor's Parcel Number 909-270-043) for a permanent street easement and a temporary construction easement; • Portions of 41530 Enterprise Circle South (Assessor's Parcel Number 909-270- 042) for a permanent street easement and a temporary construction easement; These real property interests are referred to below collectively as "Subject Property Interests" and are described more particularly in the Exhibits attached to each Resolution of Necessity. Each Resolution also contains a drawing depicting the location of the real property interests in relation to the Winchester Road Widening Project. Said Resolutions together with their Exhibits are attached hereto and incorporated in this Report by this reference. 34.4 If the Resolutions of Necessity are approved, authorize the City Attorney's office, and City staff to take all necessary steps to deposit with the Court the amount of probable compensation required by law for issuance of Orders for Possession; 34.5 Authorize the City Manager to execute all necessary documents. 35 Winchester Road Widening at Jefferson Intersection — Proiect No. PW00-27 — Approval of the Plans and Specifications and authorization to solicit construction bids RECOMMENDATION: 35.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Winchester Road Widening at Jefferson Intersection (Jefferson Medians) — Project No. PW00-27. 36 Chaparral Area Interim Policv 7�K•]rL1u1�►I�7�11fiP►11 36.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN INTERIM POLICY GUIDING DEVELOPMENT IN THE CHAPARRAL AREA DEPARTMENTAL REPORT CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular City Council meeting, Tuesday, July 13, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:Wgenda\062204 18 PROCLAMATIONS AND PRESENTATIONS w � C, s.. y O O y •� U O y b � O •� v �„ o J U x� N `� ° � 'd •� o v w m ° U O X O N t C N p Uumcq N £ yy >; b ° � Q g � ,•3 a � � .� ti Y 'ti �" � . •°• O U Q Cd w O w ti 0"6 •,� .y b a°i ro Q p � .� •y o2m �! o ro b z a o c a cd > U _O cFtl CA N O ° Cd o C's y Q) o F c� cc o 0) >1 to��y y y ° o . Q� t � 3 ° •� � � G�. No 0 W v co C~ n W x� xw x � x•a z� o � •U U Ci ti � '� ITEM 1 ITEM 2 MINUTES OF A BUDGET WORKSHOP MEETING OF THE TEMECULA CITY COUNCIL MAY 20, 2004 The City Council convened in a budget workshop meeting at 10:00 A.M., on Thursday, May 20, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. There were no Closed Session items. Present: Councilmembers: Comerchero, Washington, Naggar Absent: Councilmember: Roberts and Stone FLAG SALUTE The flag ceremony was presented by Mayor Pro Tem Comerchero. PUBLIC COMMENTS No comments. CITY COUNCIL REPORTS No comments. COUNCIL/DISTRICT/AGENCY BUSINESS Review of the FY 2004-05 Proposed Operating Budget RECOMMENDATION: 1.1 Review and discuss the FY 2004-05 Proposed Operating Budget and provide direction to staff as appropriate. By way of a PowerPoint presentation, City Manager Nelson reviewed the proposed Operating Budget, highlighting main components such as the following: Total proposed revenues $49,122,100 o 11.2% increase • Total proposed expenditures $47,168,430 o 7.1 % increase Fund Balance Reserved for Economic Uncertainty o Undesignated Reserve Fund of $10 million o Once expenditures exceed $50 million, this amount will be increased to maintain, at all times, a 20% General Fund Reserve o $2.5 million to offset potential fiscal impact resulting from State Budget o $500,000 set aside for the purchase of open space o Increased Retiree Health Fund • Public Safety o $3.3 million increase RAMinutes\052004 o four additional sworn officers, exceeding the City's one sworn officer to every 1,000 residents ratio (1:1,000) — ratio will be at 1:945 o Citizens Action Patrol (CAP) o Citizens Corps Program o Adding a paramedictfirefighter to each City engine team within the City to further compliment the City's Paramedic Program — two-year phasing program • Revenue Excess Sharing in Temecula (REST) o Contribution will increase to $3.6 million o City contribution to supplement the Measure C Tax o Utilized for on -going operation and maintenance of the parks and recreation system • Additional Budget Highlights 0 6 new authorized positions 0 3 reclass positions o Implementation of MOU o Committed $3.7 million to the Capital Improvement Program • Five -Year General Fund Projection In response to City Council questions, City Manager Nelson or City staff advised of the following: • that the five-year General Fund Projection for 2005-2006 does include additional public safety requirements as a result of the Redhawk Annexation (8,000 to 9,000 residents - 8 to 9 additional officers) plus City increase, depending on the total impact • that the City is not actively exploring other annexations but that any potential annexation would require thorough fiscal analysis to ensure it would not adversely affect the City's ability to provide services within City boundaries • that a line item has been added in the amount of $10,000 for continued education (paramedic training) for firefighters • that a part-time urban park monitor has been included in this year's budget — first step toward implementing the Park Ranger Program. Mayor Naggar relayed his desire to complete and implement the Master Trails Program. Relaying his support of the City's commitment to its citizens to mitigate assessments through the REST Program, Mayor Pro Tern Comerchero commended staff on a job well done with respect to this document. Expressing his delight with the ratio reduction (police officers to residents), Mayor Naggar informed the public that the City will be cutting taxes in the amount of $3 million and stressed the importance of the Five -Year General Fund Projection. Community Services District • Total proposed revenues $13,273,413 • Total proposed expenditures $13,490,200 R:\Minutes\052004 2 • REST/Special Tax — Rate per Household o $82.91 —REST 0 63.44 — Special Tax Additional Park and Recreation Facilities/Programs o Temecula Children's Museum — Imagination Workshop o Old Town Temecula Community Theater o Harveston Community Park o Pablo Apis Park o SMART Program o Movie Nights In response to City Council questions, City Manager Nelson or City staff advised of the following: That the Wolf Creek Sports Park has been identified in the CIP because it will break ground by the end of this year but that it has not been identified in the Operating Budget • That implementation efforts are underway with regard to the Trails Master Plan, noting the following: o Efforts with developers o Urban Ranger o Undercrossing of the Santa Gertrudis Trail o Open Space Trails Plan Offering to participate in a community outreach program, Councilman Washington suggested that the community be educated, possibly through the school setting, of the City's available trails. Mr. Washington suggested that the Theater Manager be hired as soon as possible to ensure that this individual will be provided the opportunity to provide input during the construction phase. Because of last year's successful attendance at the Moonlight Movies in the Park Series, Mr. Washington recommended to invest in a more professional and portable screen and suggested that the movie schedule be placed on the City's web. Concurring with Councilman Washington's comments, Mayor Naggar suggested utilizing the Boy Scouts as a resource for this outreach program. Expressing potential parking concerns with the opening of the Children's Museum, Mayor Pro Tem Comerchero suggested, if the need were to arise, that individuals park at the Stampede and that a shuttle service be provided. Although the District will be drawing from fund balance at the beginning of the budget year, Finance Director Roberts, for Mayor Pro Tern Comerchero, advised that at the end of the year there will be expenditure savings. Redevelopment Aaenc • Total proposed revenues $13,667,100 • Total proposed expenditures $11,236,800 R:\M1nutes\052004 Budget Highlights o First-time Homebuyer Program — $100,000 o Employee Relocation Program - $100,000 o ERAF Shift - $455,000 o Fat:ade Improvement Program - $150,000 o Old Town Specific Plan Implementation - $168,000 In response to City Council questions, City Manager Nelson or City staff advised of the following: • That the Facade Improvement Program does include landscaping • That the fund balance for Affordable Housing is $5.5 million It was suggested that staff prepare for the upcoming General Plan Housing Element (five-year cycle). Councilman Washington, echoed by Mayor Pro Tem Comerchero, requested that staff continue to explore mixed -use opportunities in Old Town. Mayor Pro Tem Comerchero suggested that staff encourage Old Town businesses to utilize the Fagade Improvement Program, particularly with respect to the landscaping component. COUNCIUDISTRICT/AGENCY BUSINESS Review of the Proposed FY 2005-09 Capital Improvement Program RECOMMENDATION: 2.1 Review and discuss the proposed FY 2005-09 Capital Improvement Program (CIP) and provide direction to staff as appropriate. By way of a PowerPoint presentation, City Manager Nelson reviewed the proposed 2005-2009 CIP Budget, noting the following: 111 projects = $435,422,944 million o approximately $292,832,444 million are funded of which circulation projects represent 67%, public facilities 22%, parks 6%, and RDA 5% Major Traffic Circulation Improvement Projects o French Valley Interchange Interim SB Off -Ramp 0 1-15/79 South Ultimate Interchange o Rancho California Bridge Widening over Murrieta Creek o Rancho California Road Widening/Old Town Front Street to southbound 1-15 o Winchester/Jefferson Intersection Improvements o Pechanga Parkway CFD Improvements o State Route 79 South Medians & Landscaping/Sidewalks o Diaz Road Realignment o Pavement Management Program o Main Street Bridge o Overland Drive Extension o Pauba Road Improvements — Phase II o Butterfield Stage Road CFD o Jefferson Avenue Pavement Rehabilitation R:\Minutes\052004 In response to City Council questions, City Manager Nelson or City staff advised of the following: 1-15 southbound off -ramp at Winchester Road status update — that this project is in the project reportlenvironmental phase; awaiting Caltrans' approval; construction drawing has been awarded; Caltrans, because of safety issues, not desirous of constructing another exit -only ramp (no entrance ramp being proposed at the same location); that the project is a high -priority project for Caltrans, Federal Highway Administration, and RCTC. Councilman Roberts advised that the District Director has been reminded of the importance of this project and that he would keep the Council apprised of any progress Traffic Signal Interconnect equipment — traffic signal priority ranking listed in the CIP; estimated that 26 to 28 signal will be installed within the next 18 months; average signal cost is $150,000; City will fund two signals a year. It was the consensus of the City Council to move up the priority ranking for the traffic signal at the Jefferson/Sanborn intersection to fiscal year 2005-2006. Public Works Director Hughes noted that moving up the prioritization of this signal will increase delays on Jefferson Avenue as well as the side street Pubic Facilities Projects o Old Town Community Theater — opening Summer/Fall 2005 o Fire Stations —Wolf Creek and Roripaugh —100% paid for by new development o Temecula Public Library — out to bid by late summer/early fall — construction by end of this calendar year o Maintenance Facility Expansion/Field Operations Center — proposed Master Plan for consideration within the next few months o Civic Center/Plaza Master Plan - $250,000 identified in the CIP for the Master Planning process Parks & Recreation o Sports Complex - $17 million fully funded o Pablo Apis Park o Temecula Community Center Expansion on Pujol Street — utilize CDBG funds to add 3,000 square feet o Vail Ranch Middle School — basketball court lighting o Veteran's Memorial — Master Plan recently approved — break ground on July 4, 2004 — dedication on November 11 ,2004 o Nakayama Garden & Tree Lighting — commemorating the 10`h anniversary with Sister City Redevelopment o Senior Housing Riverbank Villages o Campus Project DDA c Old Town Mixed -Use Housing o Old Town Southern Gateway Landscaping o Old Town Identification Sign o Historic Site Relocation (Escallier House) In response to City Council questions, City Manager Nelson or City staff advised of the following: R:\Minutes\052004 • That the location of the Police Station will be explored in the phasing program/master planning process • That a $1.2 million grant has been received to construct trail improvements along Murrieta Creek in Old Town ($200,00 City funded) • that the potential Ice Rink project has been identified in the CIP but remains unfunded. Although the City is to be commended on its efforts to reduce the police officer/resident ratio, Councilman Washington stated that as the City's population continues to grow, the need for a permanent police facility should be more closely addressed. Mayor Pro Tern Comerchero requested that an unfunded, low priority placeholder be identified in the CIP for a 10,000 square foot expansion for the Children's Museum and commented on community involvement for the fundraising of those efforts. Mr. Comerchero also requested that $25,000 be identified for a feasibility study for a teen facility (Teen Scene). Although identified in the CIP but unfunded, Mayor Nagger requested that the placeholder for an ice rink ($8 million) be kept in the budget document. Although speaking in support of the relocation of the Escallier House/Barn, Mayor Naggar expressed concern with the proposed relocation cost of $875,000. In response to Mr. Naggar, City Manager Nelson advised that an analysis and proposal would be completed and that once actual costs associated to this relocation are determined, the City Council would be readdressing this matter and that the proposed cost was primarily identified in the CIP as a placeholder. Relaying his delight with the City's financial soundness, Mayor Pro Tem Comerchero commended staff on the efficiency with which these budget documents are prepared. As President for Habitat for Humanity, Councilman Washington, echoed Mr. Comerchero's comments, reiterated his pleasure with the evolution of Old Town and shared a sense of reward with this City providing affordable housing to its community members. Echoing his fellow colleagues' comments, Mayor Naggar commended the previous City Councils on the City's foundation that had been laid and commended City staff on its continual high -performing efforts. CITY MANAGER'S REPORT City Manager Nelson thanked Finance Director Roberts and her staff on their efforts and efficiency of completing these budget documents; commended the City Council for its leadership; and thanked, on behalf of himself and City staff, the Council for the recognition. CITY ATTORNEY'S REPORT There being no Closed Session, Assistant City Attorney Curley noted that there was nothing to report. RAMinutes\052004 ADJOURNMENT At 11:53 A.M., the City Council meeting was formally adjourned to Tuesday, May 25, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Stone, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] R:\Minutes\052004 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 25, 2004 The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M., on Tuesday, May 25, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 4 Councilmembers: Comerchero, Roberts, Washington, and Naggar Absent: 1 Councilmember: Stone PRELUDE MUSIC The prelude music was provided by Shanti Ryle. INVOCATION The invocation was given by Pastor Ted Miller of Crossroads Church. ALLEGIANCE The flag ceremony was presented by Mayor Pro Tern Comerchero. PRESENTATION/PROCLAMATIONS Presentation to Ron Roberts Surprising Councilman Roberts, Ms. Larramendi, Special Assistant to Attorney General Lockyer, read into the record a letter of commendation from Attorney General Lockyer, congratulating Mr. Roberts on his newly elected position as President of the Southern California Association of Governments (SCAG). She had also noted that congratulations were sent from Mayor Bart Barlett of the City of Monrovia. National Foster Care Month Proclamation Ms. Vivian Hogue, Executive Director of Family Hope Foster Family Agency; Ms. Gigi Richter, Office Manager; and Ms. Mykala Triplett, Assistant Executive Director, were in attendance to accept the proclamation and to extend their appreciation to the City Council. California Cadet/Junior State Championship Team Commending the team on its accomplishments, Coach Dodds informed the City Council that the wrestlers will be traveling to Japan during the month of June. At this time, the City Council presented to each wrestler a Certificate of Achievement. PUBLIC COMMENTS A. In response to Ms. Margaret Jones, Temecula, who expressed an on -going concern with student parking safety at Chaparral High School, Mayor Naggar requested that Ms. Jones call him to address the issue. RAMinutes1052504 1 B. On behalf of the Historical Association, Mr. Jimmy Moore, thanked the City Council for its proposed action with regard to the relocation of the Escallier House/Barn at the May 11, 2004, City Council meeting. C. Choosing not to speak at this time, Ms. Joan Tussing, Temecula, advised that she would meet with City Manager Nelson. D. By way of written information (submitted to the City Clerk), Mr. Rob Leanza, Temecula, expressed concern with the installation of an All -way stop sign at the corner of Meadows Parkway and Royal Oaks, commenting on noise issues. Because the Public/Traffic Safety Commission will be addressing this issue at its May 27, 2004, Commission meeting, Mayor Naggar suggested that Mr. Leanza attend that meeting. E. Having attended the Solar Cup Races, Ms. Charlotte Fox, Temecula, shared her enthusiasm of this event with the Councilmembers. A. Councilman Washington commended staff on its efforts associated with the Budget Workshop; thanked City Clerk Jones for her assistance with the development of the Youth in Government Program; and expressed his enthusiasm with this newly formed program. B. Expressing honor with the recognition received from Attorney General Lockyer for his election to SCAG by the Regional Council, Councilman Roberts commented on local SCAG related items such as the upcoming joint meeting between SCAG and SANDAG to discuss mutual regional issues and advised that the Regional Council will hold its June meeting in Temecula at the Temecula Creek Inn. Advising that the Indian Gaming Committee had met, Mr. Roberts noted that the final distribution of funds should be made within the next two weeks. C. Mayor Pro Tern Comerchero commended Councilman Roberts on his accomplishment of being elected President to SCAG. Having attended the National League of Cities Community and Economic Subcommittee meeting in Maryland, Mr. Comerchero commented on the opportunities that were afforded for one-on-one lobbying with regard to City issues as well as the participation in discussions with regard to growth issues, housing shortages, etc., noting that such issues were not unique to this region. D. Having visited the French Valley Elementary School, Mayor Naggar shared pictures and as well commented on his delightful experience with Ms. Varner's third grade class. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. RAMinutes\052504 Resolution approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 04- 53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Financial Statements for the Nine Months Ended March 31, 2004 RECOMMENDATION: 3.1 Receive and file the Financial Statements for the nine months ended March 31, 2004. 4 Amendment No. 2 to the License Agreement with Safe Alternatives for Everyone (S.A.F.E.) =910lIT, lIT, l4►t97VRonk 4.1 Approve Amendment No. 2 to the License Agreement between the City of Temecula and Safe Alternatives for Everyone (S.A.F.E.) for use of office space at the Temecula Community Center. Second Amendment to the Pool Maintenance Services Agreement RECOMMENDATION: 5.1 Approve the Second Amendment with Certified Pool Water Specialists, which will exercise the City's option for a second one-year extension of the Agreement for an annual amount of $29,370.00, including contingency. The Agreement will be extended through June 30, 2005. First Amendment to Prudential Overall Supply Agreement RECOMMENDATION: 6.1 Approve the First Amendment with Prudential Overall Supply Company, which will exercise the City's option for a one-year extension of the Agreement for an annual amount of $13,660 including contingency. The agreement will be extended through June 30, 2005. Support of Surface Transportation Reauthorization Bill (At the request of Councilman Roberts) RECOMMENDATION: 7.1 Adopt a resolution entitled: RAMinutes\052504 RESOLUTION NO. 04-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE FEDERAL SIX -YEAR SURFACE TRANSPORTATION REAUTHORIZATION BILL 8 Amendment No. 2 to Loan Agreement with the Boys and Girls Club of Southwest County RECOMMENDATION: 8.1 Approve Amendment No. 2 to the City's Agreement with the Boys and Girls Club of Southwest County that would provide for funding of approved programs in lieu of cash loan payments. Wolf Valley —Antelope Place Lateral, Proiect No. 7-0-0269, Tract Mao No. 297984, Cooperative Agreement RECOMMENDATION: 9.1 Approve Wolf Valley — Antelope Place Lateral, Project No. 7-0-0269, Tract Map No. 29798-4, Cooperative Agreement with the Riverside County Flood Control and Water Conservation District, the City of Temecula, and Wolf Creek Development LLC. 9.2 Authorize the execution of such agreement in its final form by the Mayor, City Attorney, and City Clerk. 10 TM 29639 — 06) RECOMMENDATION: 10.1 Approve the Subdivision Improvement Agreement; 10.2 Accept the Faithful Performance Bond and Labor and Materials Bond as security for the agreement. 11 Winchester Road (SR 79N) Maintenance Agreement with Riverside County RECOMMENDATION: 11.1 Adopt a resolution entitled: RAMinutes\052504 12 13 RESOLUTION NO. 04-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING A MAINTENANCE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE FOR A SEGMENT OF WINCHESTER ROAD (SR 79) LOCATED IN THE UNINCORPORATED AREA OF RIVERSIDE COUNTY, AS PART OF THE FUTURE RELINQUISHMENT OF STATE ROUTE 79 TO THE CITY OF TEMECULA (SENATE BILL 87) 11.2 Authorize the Mayor to execute the Maintenance Agreement between the City of Temecula and the County of Riverside. 11.3 Authorize the City Clerk's Office to forward five (5) executed copies of the Agreement and Resolution to the Riverside County Transportation Department for action by the Board of Supervisors. RECOMMENDATION: 12.1 Award a construction contract for Project No. PW02-26 Jefferson Avenue Pavement Rehabilitation — Phase II, from south of Overland Drive to Rancho California Road to Griffith Company in the amount of $1,997,758.95 and authorize the Mayor to execute the contract. 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $199,775.90, which is equal to 10% of the contract amount. 12.3 Approve a budget transfer in the amount of $760,000.00 from the Pavement Rehabilitation Program — Citywide project to the Jefferson Avenue Rehabilitation — Phase II project to cover the construction costs. 12.4 Approve the Reimbursement Agreement between Rancho California Water District (RCWD) and the City of Temecula in the amount of $28,780 for Jefferson Avenue Pavement Rehabilitation — Phase II and authorize the City Manager to execute the reimbursement agreement. 12.5 Approve the Reimbursement Agreement between Eastern Municipal Water District (EMWD) and the City of Temecula in the amount of $6,720 for Jefferson Avenue Pavement Rehabilitation — Phase II and authorize the City Manager to execute the reimbursement agreement. RECOMMENDATION: 13.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW04-11, Citywide Concrete Repairs — FY2003-04. R:\Minutes\052504 14 RECOMMENDATION: 14.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the installation of a traffic signal on State Route (SR 79) South at Country Glen Way, Project No. PW04-09. 15 Irrigation Easement Deed within the Crowne Hill Development for Tract Map No. 23143-11 lots 102 & 103 RECOMMENDATION: 15.1 Accept irrigation easement deed from Greystone Homes, Inc., a Delaware Corporation for the perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment over and within the boundaries of Tract Map Nos. 23143-11 lots 102 and 103. 15.2 Authorize the City Clerk to record the Irrigation Easement Deed. MOTION: Mayor Pro Tern Comerchero moved to approve Consent Calendar Item Nos. 1-15. Councilman Roberts seconded the motion and voice vote reflected approval with the exception of Councilman Stone who was absent due to illness. At 7:36 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:42 P.M., the City Council resumed with regular business. PUBLIC HEARING 16 Citywide User Fee Study with Community Services Programs and Facilities Fees RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO.04-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND IMPOSING NEW CITYWIDE USER FEES EFFECTIVE JULY 1, 2004 AND REPEALING RESOLUTION NO. 93-46 16.2 Adopt a resolution entitled: RESOLUTION NO. 04-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PARKS, RECREATION AND COMMUNITY SERVICES PROGRAMS AND ACTIVITIES FEE SCHEDULE, INDOORIOUTDOOR FACILITY USE PROCEDURES AND FEE SCHEDULE, AND ATHLETIC FIELDS USE FEE SCHEDULE R:\Minutes\052504 Finance Director Roberts reviewed the staff report (as per agenda material). By way of a PowerPoint presentation, Mr. Chad Wohlford, Director of California Fee Studies — Maximus, highlighted the following with regard to this project: • Context of the results • Summary of the results • Process o Full cost of service o Current cost o Additional revenue opportunities o Fees at level of recovery • Objective o Actual cost of providing services to community — providing a rational basis for setting fees • Unit-by-unit/fee-by-fee analysis o Equity/fairness • State law compliance o Charge no more than estimated reasonable cost of providing services • Methodology At this time, the public hearing was opened. There being no public input, the hearing was closed. Commenting on the Community Services District's continual practice to subsidize fees to reduce the amount passed on to the public, Mayor Pro Tern Comerchero, echoed by Councilman Roberts, relayed his strong support of continuing this practice. Thanking Finance Director Roberts and her staff for their efforts and their thoroughness associated with this process, Councilman Washington echoed the previously made comments and relayed his support of the recommendation. MOTION: Mayor Pro Tem Comerchero moved to adopt Resolution No. 04-56 and Resolution No. 04-57. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Councilman Stone who was absent. 17 Art in Public Places Ordinances RECOMMENDATION: 17.1 Hear and consider comments related to the establishment of an Arts in Public Places Ordinance. 17.2 Direct staff to incorporate any changes as specified by the City Council and include in the first reading on June 8, 2004. Community Services Director Parker reviewed the staff report (of record), advising that the public hearing for this item has been scheduled for June 8, 2004, clarifying the calculation of the public art fee and commenting on similar ordinances used by other cities. R:wlinutes\052504 Having observed 11 business locations within the City that currently display public art, Ms. Eve Craig, Temecula, expressed her support of this item. Commenting on how healthy communities are ones where cultural and social planning are priorities, Ms. Martha Minkler, Temecula, addressed the City's Cultural Arts Master Plan and spoke in support of the Art in Public Places Ordinance. Advising that art in public places is a noted goal in the City's Cultural Arts Master Plan, Mr. Jim Meyler, Temecula, informed the City Council that studies have indicated that communities with a strong cultural base attract business, higher -income taxpayers, and increased property values. Viewing the proposed ordinance as a small investment versus an expense, Mr. Meyler spoke in support of the proposed ordinance. Supporting the proposed ordinance, Mayor Pro Tern Comerchero, echoed by Councilman Roberts, noted that by the City addressing such cultural issues, it would be raising its bar and as well be setting itself apart from other cities. Councilman Washington expressed appreciation to Ms. Minkler, Mr. Meyler, Ms. Craig, and other residents for their interest in this City and for their passionate efforts; commented on the benefits such an ordinance may have on the talented youth of this community; and expressed his support of the ordinance. MOTION: Councilman Roberts moved to receive and file. The motion was seconded by Mayor Pro Tern Comerchero and electronic vote reflected approval with the exception of Councilman Stone who was absent. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No comments. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that City Council provided direction to City staff with respect to the real estate matter and the litigation matter but noted that there no matters to report from Closed Session. Mr. Thorson advised that Mayor Pro Tern Comerchero was not present for Closed Session. RAMinutes\052504 ADJOURNMENT At 8:15 P.M., the City Council June 8, 2004, at 7:00 P.M. Temecula, California. ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] meeting was formally adjourned to a regular meeting on Tuesday, in the City Council Chambers, 43200 Business Park Drive, Michael S. Naggar, Mayor R:Wlinutes\052504 ITEM 3 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,371,665.48. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 22nd day of June, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2004/Resos 04- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 04-_ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8`h day of June, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RJResos 2004/Resos 04- CITY OF TEMECULA ' LIST OF DEMANDS 06/03/04 TOTAL CHECK RUN: $ 888,122.96 06/10/04 TOTAL CHECK RUN: 1,143,355.28 06/10/04 TOTAL PAYROLL RUN: 340,187.24 TOTAL LIST OF DEMANDS FOR 06/22/04 COUNCIL MEETING: $ 2,371,665.48 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 565,401.42 165 RDA DEV-LOW/MOD SET ASIDE 8.876.93 190 TEMECULA COMMUNITY SERVICES DISTRICT 126,508.55 192 TCSD SERVICE LEVEL B 71.43 193 TCSD SERVICE LEVEL C 14,726.30 194 TCSD SERVICE LEVEL D 686.19 210 CAPITAL IMPROV PROJECT FUND 549,293.39 274 JOHN WARNER AD 180,783.80 280 REDEVELOPMENT AGENCY -CIP PROJECT 13,425.48 300 INSURANCE FUND 4,889.39 320 INFORMATION SYSTEMS 38,617.65 330 SUPPORTSERVICES 10,360.82 340 FACILITIES 18,842.81 470 HARVESTON CFD 01-2 DEBT SERVICE FUND 97,347.16 ' 473 CROWNE HILL CFD 03-1 DEBT SERVICE FUND 401,646.92 $ 2,031,478.24 001 GENERAL FUND 230,806.98 165 RDA DEV-LOW/MOD SET ASIDE 5,664.57 190 TEMECULA COMMUNITY SERVICES DISTRICT 66,069.82 192 TCSD SERVICE LEVEL B 108.37 193 TCSD SERVICE LEVEL C 4,903.15 194 TCSD SERVICE LEVEL D 788.53 280 REDEVELOPMENT AGENCY - CIP PROJECT 2,567.72 300 INSURANCE FUND 1,028.15 320 INFORMATION SYSTEMS 20,695.25 330 SUPPORTSERVICES 2,076.79 340 FACILITIES 5,477.91 340,187.24 TOTAL BY FUND: $ 2,371,665.48 PREPAREDBBYRETA WEST(/OON, ACCOUNTING SPECIALIST I /� �'iL%-C/N0 , HEREBYCERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. GEN j7OF FINANCE I , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAWN NELSON, CITY MANAGER apChkLst 06/03/2004 3:40:50PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 327 06/03/2004 000245 PERS (HEALTH INSUR. PREMIU PERS Health Admin Cost Payment 61,758.00 61,758.00 328 06/03/2004 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Pmt 60,024.47 60,024.47 329 06/03/2004 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,982.56 2,982.56 330 06/03/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 20,432.48 20,432.48 331 06/03/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 63,930.01 63,930.01 332 06/03/2004 000444 INSTATAX (EDD) State Disability Ins Payment 16,285.97 16,285.97 92233 06/03/2004 003552 A F L A C AFLAC Cancer Payment 1,807.20 1,807.20 92234 06/03/2004 006915 ALLIE'S PARTY EQUIPMENT Youth Jazz Festival equip rental 1,305.97 1,305.97 92235 06/03t2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 492.00 DUI Drug & Alcohol Screening 442.00 934.00 92236 06/03/2004 000101 APPLE ONE, INC. Temp help PPE 5/15 JB/AD/LL 1,026.00 Temp help PPE 5/15 Wills 624.36 Temp help PPE 5/15 Medina 548.13 Temp help PPE 5/15 Lee 528.00 Temp help PPE 5/15 Alexander 312.18 Temp help PPE 5/15 DB/JE 290.25 3,328.92 92237 06/03/2004 007730 ARNOLD, GINA Refund: Gymnastics- Cheer 1 & 2 123.30 123.30 92238 06/03/2004 001323 ARROWHEAD WATER INC Bottled wtr sews @ City Hall 367.67 Bottled wtr sews ® West Wing 271.36 Bottled wtr sews ® CRC 111.98 Bottled wtr sews ® T. Museum 46.72 Bottled wtr sews ® Skate Park 17.02 814.75 92239 06/03t2004 007738 BACARELLA, JAMES Refund: CRC Security Deposit 100.00 100.00 92240 06/03/2004 006721 BOISE CASCADE OFFICE Office Supplies: Fire Prevention 109.42 109.42 92241 06/03/2004 007740 BRIGANTI, GRACE Refund: Digital Cameras 2 & 3 70.00 70.00 Page:1 apChkLst 06/03/2004 3:40:50PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92242 06/03/2004 000128 BROWN & BROWN OF CALIF. I Public bond for Genie Roberts 1,500.00 Insurance policy renewal 1,494.30 2,994.30 92243 06/03/2004 005384 CALIF BAGEL BAKERY & DELI Refreshments:Council closed session 168.09 168.09 92244 06/03/2004 000638 CALIF DEPT OF CONSERVATIO 2004 3rd Otr pmt:strong motion 7,746.80 7,746.80 92245 06/03/2004 004566 CALIF DEPT OF TOXIC Non -recycled haz waste manifest 22.50 22.50 92246 06/03/2004 005375 CAMMAROTA, SUSAN FAM tours supplies: Eco Devel 291.88 291.88 92247 06/03/2004 003554 CANADA LIFE ASSURANCE CO Mandatory Life Insurance Payment 2,476.25 2,476.25 92248 06/0312004 004971 CANON FINANCIAL SERVICES, Jun lease pmt for City Copiers 7,064.32 7,064.32 92249 06/03/2004 003775 CHAPARRAL HIGH SCHOOL Youth jazz festival entertainment svcs 200.00 200.00 92250 06/03/2004 003997 COAST RECREATION INC 2 handhold loops: TCSD parks 150.72 150.72 92251 06/03/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 163.00 163.00 92252 06/03/2004 004414 COMMUNITY WORKS DESIGN Reimb for Pechanga Pkwy Soundwall 543.63 543.63 92253 06/03/2004 006303 CONDUIT NETWORKS, INC 1st Pmt for Intellegent NTWR 6,230.00 6,230.00 92254 06/03/2004 007437 COOKIE ART Refreshments: Every 15 Min Pgrm 400.00 400.00 92255 06/03/2004 003739 COTTON BRIDGES ASSOCIATE Apr General plan update svcs 5,821.90 5,821.90 92256 06/03/2004 003986 COZAD & FOX INC Mar -May Prof svcs: Pechanga Pkwy 7,000.00 7,000.00 92257 06/03/2004 002900 DANIEL MANN JOHNSON Apr Svcs:Pechanga Pkwy Phase II 3,768.75 3,768.75 Page2 apChkLst Final Check List Page: 3 06/03/2004 3:40:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date _ Vendor Description 92258 06/03/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 5/14 Jensen Temp help PPE 5/14 Grove Temp help PPE 5/14 Jones Temp help PPE 4/30 Jones Temp help PPE 5121 Kanigowski Temp help PPE 5/14 Sang Temp help PPE 5/14 Cammarota Temp help PPE 5/14 Gutierrez Temp help PPE 5/14 Lontok Temp help PPE 5/14 Novotny Temp help PPE 5/14 Rush Temp help PPE 5114 Barreda 92259 06/03/2004 003223 EDAW INC Apr svos:R.Calif Bridge mitigation plan 92260 06/03/2004 005115 ENTERPRISE RENT A CAR INC Van rental for 3120 family excursion 92261 06/03/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments: TCSD Team Bldg Refreshments: Planning Commission Amount Paid Check Total 6,024.76 2,213.60 2,043.23 1,774.84 1,484.40 1,260.16 1,232.19 1,192.80 1,185.00 1,015.82 904.59 711.90 21,043.29 1,378.86 1,378.86 479.66 479.66 498.34 176.44 674.78 Page3 apChkLst Final Check List Page: 4 O6/03/2004 3:40:50PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 92262 06/03/2004 003347 FIRST BANKCARD CENTER LEAGUE OF CALIF CITIES JC Htl:Mayors & Council Mtg:7/28-30 690.00 EMBASSY SUITES HOTEL GR HtI:CMTA Cf:4/19-23 538.35 HILTON RR Htl:Sister City Trip: 5/29-6/3 368.71 AMERICAN AIRLINES RR Airfare for Ron Roberts 327.90 NH GRAND HOTEL JC HO:Sister City Trip:5/29-6/3 263.06 WYNDHAM HOTEL JC Hotel:Gaithersburg MD:5/16 226.81 JAPANESE STEAKHOUSE JC Meal:Sister City Trip:5/29-6/3 217.58 FRANKLIN QUEST COMPANY I DU Day timer supplies:Planning 206.93 SHERATON HOTEL RR Htl:League Assembly:5/12-13 197.63 SOUTHWEST AIRLINES RR Airfare: League Policy 192.70 CIRCUIT CITY DU Headphones:Planning 176.40 HYATT RR HTSCAG Mtg:5/5 138.85 BLACK ANGUS GY Refreshments: Business Mtg 129.24 ENTERPRISE RENT A CAR INC GR Tmprt:CMTA CfA/19-23 123.71 VOLKER LUTZ ENTERPRISES, I JS Refreshments: Business Mt9 122.31 SOUTHWEST AIRLINES GY Airfare:Lobby trip:5/3-4:0'Grady 116.00 CLAIM JUMPER RESTAURANT GY Refreshments:Mtg W/Mayor 104.00 VINCES SPAGHETTI EXPRESS DU Refreshments:CAC Mtg 4/30 75.37 URBAN LAND INSTITUTE GT Orange Cry Dist Mtg:5/5:GT 55.00 ONTARIO AIRPORT JC Ovmght Prkg expenses 54.00 FISH HOUSE VERA CRUZ GR Refreshments:Assessment Mtg 42.07 MINUTEMAN PRESS DU Business Cards: Emery Papp 40.14 MINUTEMAN PRESS DU Business Cards: Stuart Fisk 40.14 MINUTEMAN PRESS DU Business Cards: Christine Clary 40.14 MINUTEMAN PRESS DU Business Cards: Cheryl Kitzerow 40.14 ONTARIO AIRPORT GR Ovmght Prkg:CMTA Cf:4/19-23 36.00 SUSHI CLUB GR Meal:CMTA Cf:4/19.23 34.42 AMAZON.COM, INC GR Crystal Report Ref. book 33.99 ROSAS CAFE & TORTILLA FAC DU Refreshments:Planning Comm Mt 30.18 Page:4 apChkLst 06/03/2004 3:40:50PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total SUPERSHUTTLE RR Tmprt:League Assembly:5/12-13 28.00 MIMI'S CAFE JC Refreshments:Business Mtg 20.62 ONTARIO AIRPORT RR Ovmgt Prkg:League Assembly:5/1 18.00 QUICK STOP GR Fuel:CMTA Cf:4/19-23 11.17 4,739.56 92,263 06/03/2004 001135 FIRST CARE INDUSTRIAL MED EE physicals and drug testing 25.00 25.00 92264 06/03/2004 000711 GRAPHICS UNLIMITED LITHOG Marketing flyers: TCSD 762.87 762.87 92265 06/03/2004 005157 GUERRIERO, RON Reimb:'04 Nat'I APA Cf:4/24-28 243.28 243.28 92266 96/03/2004 007702 GUTIERREZ, REBECCA Refund: Ex -Getty Museum 12.00 12.00 92267 06/03/2004 004811 HEW LETT PACKARD HP Procurve Switch GL module:IS 1,516.04 LaserJet 3380 All in One: IS 679.90 2.195.94 92268 06/03/2004 002107 HIGHMARK INC Voluntary Supp Insurance Payment 637.00 637.00 92269 06/03/2004 007728 HLC CIVIL ENGINEERING Refund: Plan ck withdraw 3,000.72 3,000.72 92270 06/03/2004 005748 HODSON, CHERYL A. Support Payment 51.07 51.07 92271 06/03/2004 005583 HUGHES, WILLIAM Refreshments: CIP Project status 188.25 188.25 92272 06/03/2004 000194 1 C M A RETIREMENT TRUST 45 1 C M A Retirement Payment 7,255.22 7,255.22 92273 06/03/2004 004219 INDUSTRIAL DISTRIBUTION GR PW Misc Mntc Supplies 16.51 16.51 92274 06/03/2004 001407 INTERVALLEY POOL SUPPLY I Pool sanitizing chemicals 292.43 292.43 92275 06/03/2004 007654 INTERACTIVE DESIGN Mar -Apr mixed -use site studies:Old Tw 2,460.00 2,460.00 92276 06/03/2004 004119 J T B SUPPLY COMPANY INC PW Dialight LED traffic signal light 5,511.41 5,511.41 92277 06/03/2004 003046 K F R O G 95A FM RADIO Western Days radio broadcast svcs 1,000.00 1,000.00 92278 06/03/2004 004115 K T U & ASSOCIATES Apr Trails mstr plan GIS format 1,500.00 Mar Trails mstr plan GIS format 750.00 2,250.00 Pages apChkLst 06/03/2004 3:40:50PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 92279 06/03/2004 002424 KELLEY DISPLAY INC R/W1B Banners clean/storage:RDA 179.98 179.98 92280 06/03/2004 004481 KIMLEY HORN & ASSOCIATES I Apr dsgn svcs:Murr Crk Trail 16,286.25 16,286.25 92281 06/03/2004 000206 KINKOS INC Stationery paper/misc supplies 36.37 Stationery paper/misc supplies 2.86 39.23 92282 06/03r2004 007188 LAERDAL MEDICAL CORP. Supplies for SMART program 323.25 323.25 92283 06/03/2004 007464 LAMPS PLUS Exterior lights:childrens museum 1,346.61 1,346.61 92284 06/03/2004 007739 LEBLANC, BETTY Refund: Ex -Getty Museum 19.00 19.00 92285 06/03/2004 007734 LEISURE LIVING Refund:Admin. Citation 1555 & 1554 400.00 400.00 92286 06103r2004 003726 LIFE ASSIST INC Paramedic squad supplies: Fire 1,184.93 1,184.93 92287 06/03/2004 006654 LOST CANYON RANGERS 5/23 Western Days entertainment 600.00 600.00 92288 06/03/2004 004087 LOWITS Hardware supplies -Trffc Division 54.11 54.11 92289 06/03/2004 002693 MATROS, ANDREA TCSD Instructor Earnings 240.00 240.00 92290 06/03/2004 003800 MCLAUGHLIN ENGINEERING Prgs Pmt #8: J.W. Rd Impry 180,783.80 180,783.80 92291 06/03/2004 007742 MENDOZA, JESUS & YADIRA Reimb:Res Impry Prgm 68.00 68.00 92292 06/03r2004 003076 MET LIFE INSURANCE MetiNe Payment 8,127.02 8,127.02 92293 06/03/2004 004208 MILANOS Rfrshmnts:Council Budget Wrkshp 337.50 337.50 92294 06/03/2004 001384 MINUTEMAN PRESS Business Cards:G. Fonnoe 42.83 Business Cards: S. Branaugh 42.83 85.66 92295 06/03/2004 001214 MORNINGSTAR PRODUCTION Video screen rental: every 15 min prg 2,600.00 Sound sys rental: every 15 min prgm 1,375.00 3,875.00 92296 06/03/2004 007011 MORRIS MEYERS MAINTENAN Apr Park Janitorial Svcs: Citywide 4,690.00 4,690.00 Pag95 apChkLst 06/03/2004 3:40:50PM Final Check List CITYOFTEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92297 06/03/2004 001986 MUZAK -SOUTHERN CALIFORN June music for phones: City Hall 120.86 120.86 92298 06/03/2004 007722 OMEGA PRINT Programs:every 15 min 140.08 140.08 92299 06/03/2004 002256 P & D CONSULTANTS INC Apr bldg inspector svcs:Henderson 5,739.36 5,739.36 92300 06/03/2004 007729 PADILLA, MERCEDES Refund:Picnic Shelter Rental:5/23 60.00 60.00 92301 06/03/2004 001958 PERS LONG TERM CARE FROG PERS Long Tenn Care Payment 288.55 288.55 92302 06/03/2004 000249 PETTY CASH Petry Cash Reimbursement 447.54 447.54 92303 06/03/2004 001999 PITNEY BOW ES 5119-9/15 Postage Meter: Fire Stn 84 83.99 83.99 92304 06/03/2004 005820 PRE -PAID LEGAL SERVICES I Prepaid Legal Services Payment 350.75 350.75 92305 06/03/2004 003697 PROJECT DESIGN CONSULTAN 3/8-4/11/04 Svcs:SR79 Medians 1,725.00 1,725.00 92306 06/03/2004 005067 PURSUIT TECHNOLOGY INC P.D. laptop computer equip 1,064.92 1,064.92 92307 06/03/2004 002012 R D O EQUIPMENT COMPANY PW Maint repairs back hoe 3,790.44 Credit: Sales Tax -5.81 3,784.63 92308 06/03/2004 000981 R H F INC radar equip repair/maint P.D. 365.11 radar equip repair/maint: P.D. 176.03 541.14 92309 06/03/2004 006664 R R M DESIGN GROUP Consult Svcs:Citywide Dsgn Guideline 9,596.65 9,596.65 92310 06/03/2004 000262 RANCHO CALIF WATER DIST May 01-99-02003.0 Floating Mtr 243.41 May 02-79-10100-1 NW Sports Compl 78.23 321.64 92311 06/03/2004 000947 RANCHO REPROGRAPHICS Dupl. Blueprints:Tem Creek Village 133.53 133.53 92312 06/03/2004 002907 REINHART FONTES Appraisal Svcs:Pujol St. 3,500.00 3,500.00 92313 06/03/2004 002110 RENTAL SERVICE CORPORATI Glove Driver:PW Maint Div 86.20 Liquid Propane:PW Maint Div 16.51 102.71 92314 06/03/2004 000266 RIGHTWAY equip rental - Veteran's Park 59.79 59.79 Page:? apChkLst O6103/2004 3:40:50PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92315 06103/2004 000411 RIVERSIDE CO FLOOD Constr. Inspect Fees:Wolf Vly Chnl 110,280.38 110,280.38 92316 06/03/2004 001365 RIVERSIDE COUNTY OF Special Event permit:4th of July 110.00 110.00 92317 06/03/2004 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 832.00 832.00 92318 06/03/2004 007582 SAFEGUARD DENTAL & VISION Safeguard Vision Plan Payment 1,015.08 1,015.08 92319 06/03/2004 007233 SAN BERNARDINO, COUNTY 0 Motorcycle rental: 01/19-30: P.D. 1,800.00 1,800.00 92320 06/03/2004 005227 SAN DIEGO COUNTY OF Support Payment 33.24 33.24 92321 06/03/2004 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 92322 06/03/2004 007731 SHAKER,NAUREEN Refund:Sec.Deposit:SeniorCtr. 100.00 100.00 92323 06103/2004 004814 SIMON WONG ENGINEERING I Apr Osgn Svcs:Main Street Bridge 20,162.77 20,162.77 92324 06/03/2004 000645 SMART & FINAL INC Supplies:Senior Center 74.99 74.99 92325 06/03/2004 000537 SO CALIF EDISON May 2-00-397-5042 City Hall 6,467.49 May 2-00-397-5067 Various Mtrs 801.98 May 2-18-528-9980 Santiago 43.07 May 2-22-496.3439 Winchester 36.41 7,348.95 92326 06/03/2004 007711 SO CALIF PUBLIC POOL fY 03104 membership: G.Thurston 25.00 25.00 92327 OW0312004 007599 SOLANO PRESS BOOKS Telecommunications 2002:TCSD 59.63 59.63 92328 06/03/2004 005786 SPRINT 04/15-5/14104 Cell Phone Svcs 6,717.35 2 phones for CIP:Beswick/McBride 107.72 May Acct Level Chrgs 33.87 6,858.94 92329 06103/2004 004420 STATE COMP INSURANCE FUN May 04 Workers' Comp Premium 42,442.94 42,442.94 92330 06/03t2004 002651 SUN BADGE COMPANY Badges for Fire Volunteers 810.04 810.04 92331 06/03t2004 001547 TEAMSTERS LOCAL 911 Union Dues Payment 3,483.00 3,483.00 Pages apChkLst 06/03/2004 3:40:50PM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92332 06/03/2004 005985 TECHNOLOGY INTEGRATION G Printer Supplies and Cartridges 207.96 207.96 92333 06/03/2004 006914 TEMECULA COPIERS INC. Traffic Div:P.D. LLEBG Funds 5,382.11 Supplies for Copy Center 310.97 5,693.08 92334 06/03/2004 000307 TEMECULA TROPHY COMPAN as recogn plaque:J. Walker 104.09 104.09 92335 06/03/2004 000311 TEMECULA VALLEY HIGH SCH Perfonnance:Youth Jazz Festival:4/17 200.00 200.00 92336 06/03/2004 004274 TEMECULA VALLEY SECURITY Locksmith Svcs:Winch.Crk Prk 65.00 65.00 92337 06/03/2004 003140 TEMECULA VALLEY TAEKWON TCSD Instructor Earnings 200.00 200.00 92338 06/03/2004 000319 TOMARK SPORTS INC BBall Backboard Padding 0 CRC 356.86 Equipment Supplies:CRC 131.81 488.67 92339 06/03/2004 005873 TRI AD ACTUARIES INC Child Care Reimbursement Payment 6,748.11 6,748.11 92340 06/03/2004 005873 TRI AD ACTUARIES INC May Administration Fees 348.50 348.50 92341 06/03/2004 002702 U S POSTAL SERVICE April postage meter deposit 3,357.46 3,357.46 92342 06/03/2004 000325 UNITED WAY United Way Charities Payment 375.00 375.00 92343 06/03/2004 004819 UNUM LIFE INS. CO. OF AMERI Longterm Disability Payment 6,692.77 6,692.77 92344 06/03/2004 004261 VERIZON CALIFORNIA May xxx-2016 general usage 104.36 May xxx-3526 Fire Alamt 83.72 May xxx-2676 general usage 27.91 215.99 92345 06/03/2004 004789 VERIZON INTERNET SOLUTION Internet svcs:xx0544 69.96 Internet svcs:xx7411 69.95 139.90 92346 06/03/2004 007741 WALKER, TRINA Refund:Creative Beg's Mom & Me 15.00 15.00 92347 06/03/2004 007743 WALL STREET JOURNAL, THE 25 wks Wall Sir Jml/Smrt Money Subs 49.50 49.50 92348 06/03/2004 007732 WEIGHTWATCHERS Refund:Sec.Deposit:Senior Ctr. 100.00 100.00 92349 06/03/2004 000621 WESTERN RIVERSIDE COUNC April'04 TUMF Fees 86,450.00 86,450.00 Page9 apChkLst O6/03/2004 3:40:50PM Final Check List CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 92350 06/03/2004 003776 ZOLL MEDICAL CORPORATION Paramedic Supplies Paramedic Supplies Amount Paid 795.20 458.75 Page: 10 Check Total 1,253.95 Grand Total All Checks: 888,122.96 Page:10 apChkLst 06/10/2004 10:38:26AM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 333 06/04/2004 003228 U S BANK TRUST NATIONAL AS CFD 01-2/CFD 03-1 Taxes levied 498,994.08 498,994.08 92351 06/10/2004 005277 2 H CONSTRUCTION INC Rel Retention for C.Museum Const. 34,743.44 34,743.44 92352 06/10/2004 004148 AT&T calls over the AT&T computer network 132.68 132.68 92353 06/10/2004 004064 ADELPHIA June high speed Internet svcs 28.95 28.95 92354 06/10/2004 004432 ALBERTSONS GROCERY STOR Refrhmnts:15 min pgrm ® Chaparral 83.85 83.85 92355 06/10/2004 007760 ALEGRIA, LISA Refund: Parent & Me Swim Lessons 30.00 30.00 92356 06/10/2004 007280 AMERICAN MEDICAL RESPONS CPR & AED cards for public classes 192.50 192.50 92357 06/10/2004 004169 ANAHEIM ORANGE COUNTY V Membership: G.Wolnick 00-155 608.00 608.00 92358 06/10/2004 000101 APPLE ONE, INC. Temp help PPE 5/22 Wills 580.80 Temp help PPE 5/22 JB/AD 540.00 Temp help PPE 5/22 Medina 529.98 Temp help PPE 5/22 Lee 528.00 Temp help PPE 5/22 Alexander 290.40 2,469.18 92359 06/10/2004 003203 ARTISTIC EMBROIDERY team pace merchandise 435.31 Staff shirts for IS and GIB 424.54 859.85 92360 06/10/2004 007676 ATLAS PEN & PENCIL Patriot pencils for local schools 199.35 199.35 92361 06/10/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Bruce Wedeking 88552 44.00 44.00 92362 06/10/2004 007065 B & H PHOTO VIDEO INC Camera for POP team 574.65 574.65 92363 06/10/2004 004855 BASER, GABRIELE TCSD instructor earnings 440.52 TCSD instructor earnings 324.00 TCSD instructor earnings 136.00 TCSD instructor earnings 72.00 972.52 92364 06/10/2004 007014 BERTEL, MYRA Refund: Creative Beg's Mom & Me 30.00 30.00 92365 06/10/2004 006721 BOISE CASCADE OFFICE Office Supplies: Finance 517.89 517.89 Page:1 apChkLst 06/10/2004 10:38:26AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 92366 06/10/2004 002099 BUTTERFIELD ENTERPRISES June Old Town restroom lease 826.00 826.00 92367 06/10/2004 007763 C D M GROUP Refund: Overpayment of fees 139.13 139.13 92368 06/10/2004 004621 C-18 INC May Street Striping svcs 23,621.42 23,621.42 92369 06/10/2004 003138 CAL MAT PW patch truck materials 2,132.23 2,132.23 92370 06/10/2G04 003979 CALVARY CHAPEL OF MURRIE Christmas in Old Town entertainment 100.00 100.00 92371 06/10/2004 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 29.18 29.18 92372 06/10/2004 001264 COSTCO WHOLESALE Misc supplies for C. Museum 1,100.04 1,100.04 92373 06/10/2004 007752 DAKIN, SEAN Refund: Cotillion - Dinner Dance 20.00 20.00 92374 06/10/2004 001393 DATA TICKET INC Apr parking citation processing 309.76 309.76 92375 06/10/2004 003625 DAVIS, JOHN TCSD instructor earnings 140.00 140.00 92376 06/10/2004 003945 DIAMOND ENVIRONMENTAL Western Days portable toilet rental 157.33 157.33 92377 06/10/2004 002701 DIVERSIFIED RISK May special events premiums 1,224.15 1,224.15 92378 06/10/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343 951.79 Fuel for city vehicles: PW Mntc 61353 664.12 Fuel for city vehicles: Land Dev. 6134 639.35 Fuel for city vehicles: B&S 61348 632.53 Fuel for city vehicles: Planning 61347 485.34 Fuel for city vehicles: Trff 61953 177.32 Fuel for city vehicles: CIP PW 61351 156.88 Fuel for city vehicles: City Van 61349 25.86 3,733.19 92379 06/10/2004 001714 DREAM ENGINEERING INC Vail Ranch bsktball lighting dsgn svcs 48.25 48.25 92380 06/10/2004 007696 DU RIVAGE, GAYLE A. Western Days entertainment 400.00 400.00 Page2 apChki-st Final Check List Page: 3 06/1=004 10:38:26AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92381 06/10/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 5/28 Heer/Jensen 6,030.85 Temp help PPE 5/28 Grove 2,158.26 TEMP HELP PPE 5/28 JONES 1,859.60 Temp help PPE 5128 Novotny 1,332.00 Temp help PPE 5/28 Sang 1,270.75 Temp help PPE 5/28 Lontok 1,200.00 Temp help PPE 5/28 Kanigowski 1,192.13 Temp help PPE 5128 Cammarota 1,090.14 Temp help PPE 5/28 Gutierrez 1,073.52 Temp help PPE 5/28 Sarreda 567.83 17,775.08 92382 06/10/2004 007530 EASTMAN, WENDY, M. TCSD instructors earnings 1,500.00 1,500.00 92383 06/10/2004 006746 ECO NOMICS, INC Apr prgss on trash collection survey 6,088.75 Credit: Final report not submitted -3,192.75 2,896.00 92384 06/10/2004 005692 ELMO, ANTHONY EE computer purchase program 614.18 614.18 92385 06/10/2004 007751 ELMORE, DENISE Refund: Cotillion - Dinner Dance 40.00 40.00 92386 06/10/2004 005052 EMCOR SERVICE H.V.A.C. preventive mntc 0 City Hall 1,986.00 1,986.00 92387 06/10/2004 001056 EXCEL LANDSCAPE Apr Idscp impr: Vail Ranch 390.45 Apr Idscp impr:R.CJBttrfd 261.44 May Idscp impr: Butterfield Stage 260.00 Apr Idscp impr:Vail Ranch 213.37 1,125.26 92388 06/10/2004 000165 FEDERAL EXPRESS INC Sister City express mail services 266.32 Express mail services 207.67 Express mail services 42.09 516.08 92389 06/10/2004 000166 FIRST AMERICAN TITLE Title report lot 1 off of La Serena Way 750.00 Title report lot 2 off of La Serena Way 750.00 Lot Book Reprt: Hicks 150.00 Lot Book Reprt: Strand 150.00 Lot Book Reprt: Barnhart 150.00 Lot Book Reprt: Rosales 150.00 2,100.00 92390 06/10/2004 001135 FIRST CARE INDUSTRIAL MED EE physicals and drug testing 208.00 EE physicals and drug testing 135.00 343.00 92391 06/10/2004 004944 FULLCOURT PRESS 8 1/2 x 11 pads for TCSD 284.60 284.60 92392 06/10/2004 004514 G T S I CORP 3 Tablet computers:Fire 12,844.66 Three 3 yrs Extended Service Plan 791.96 13,636.62 Page3 apChkLst 06/10/2004 10:38:26AM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 92393 06/10/2004 000177 GLENNIES OFFICE PRODUCTS Office furnishings: C.Museum 2,240.46 Office Supplies: Info System 1,738.98 Office supplies: PW Admin 1,422.96 Office Supplies: Fire Dept 1,101.71 Office chairs: City Clerk 951.44 Office Supplies: City Mgr 177.62 Office Supplies: B&S 112.64 Office Supplies: Records Mgmt 42.24 7,788.05 92394 06/10/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire 88.90 88.90 92395 06/10/2004 004125 GRAYDON, KEN Mystery weekend entertainment 200.00 200.00 92396 06/10/2004 007764 GROVE, KAREN & DAVIS Refund: Overpayment of fees 93.00 93.00 92397 06/10/2004 005311 H2O CERTIFIED POOL WATER CRC/TES pool mntc & supplies 2,222.59 2,222.59 92398 06/10/2004 000186 HANKS HARDWARE INC Hardware supplies: TCSD 714.92 Hardware supplies: PW Mntc 605.90 Hardware supplies: C. Museum 489.37 Hardware supplies: PW St Mntc 350.04 Hardware supplies: Fire Dept 341.71 Hardware supplies: TCSD 188.33 Hardware supplies: Sr Ctr 51.09 Hardware supplies: Info System 20.33 T.Museum exhibit supplies 8.57 Hardware supplies: CRC 5.24 2,775.50 92399 06/10/2004 006250 HAZ MAT TRANS INC Hazardous waste disposal svcs 1,335.00 1,335.00 92400 06/10/2004 007508 HILTI INC Bolt kit for fire dept 154.90 164.90 92401 06/10/2004 003624 HOW ELL, ANN MARIE Graphic Design for Ontario full pg ad 75.43 75.43 92402 06/10/2004 000193 I C M A Publication: Upgrading City Hall 24.27 24.27 92403 06/10/2004 001573 INLAND EMPIRE TOURISM '05 California Visitor's Guide ad 4,589.92 4,589.92 92404 06/10/2004 003266 IRON MOUNTAIN OFFSITE May records mgmt microfilm storage u 405.25 405.25 92405 06/10/2004 001186 IRW IN, JOHN TCSD instructor earnings 304.00 304.00 PageA apChkLst 06/10/2004 10:38:26AM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92406 06/10/2004 002140 JAGUAR COMPUTER SYSTEMS AntiVirus renewal license 2,763.79 2,763.79 92407 06/10/2004 004908 JIFFY LUBE 1878 City Vehicle Repair/Main Svcs:B&S 36.46 36.46 92408 06/10/2004 007757 JOHNSON, DOUGLAS Refund: Security Depst CRC 100.00 100.00 92409 06/10/2004 000820 K R W & ASSOCIATES PW plan check & map review svcs 7,860.00 7,860.00 92410 06/10/2004 001091 KEYSER MARSTON ASSOCIAT May analysis Svcs: Welty Bldg 1,191.25 May analysis svcs: Affordable housing 465.00 1,656.25 92411 06/10/2004 003631 KLEINFELDER INC Apr Geotech svcs:R.C.Bridge Widenin 770.50 770.50 92412 06/10/2004 000945 L P S COMPUTER SERVICE Repair LJ 4550 printer: Inf System 95.00 95.00 92413 06/10/2004 007188 LAERDAL MEDICAL CORP. Fire Paramedics squad supplies 1,965.85 1,965.85 92414 06/10/2004 000482 LEIGHTON CONSULTING INC Mar -May geotech svcs: R.C.Widening 862.00 862.00 92415 06/10/2004 000586 LEXISNEXIS MATTHEW BENDE Codification Srvc for Adopted 1,390.63 1,390.63 92416 06/10/2004 004850 LIBERTY COLLISION CENTER repair TCSD'02 Chevy truck 2,552.62 2,552.62 92417 06/10/2004 003286 LIBRARY SYSTEMS & SERVICE May svcs-library system agrmnt 10,739.31 May svcs-library system agnnnt 1,211.20 11,950.51 92418 06/10/2004 004230 LINCOLN EQUIPMENT INC AQUATICS 4 Umbrella parts 256.61 256.61 92419 06/10/2004 007753 LOVE, CARRIE Refund: 3 Cotillion -Dinner Dance 60.00 60.00 92420 06/10/2004 004141 MAINTEX INC Custodial Supplies: C. Museum 630.47 Repair Motor/Carpet Cleaner.City Hall 333.52 Custodial Supplies: CRC 204.43 Custodial Supplies: CRC 31.81 1,200.23 92421 06/10/2004 001967 MANPOWER TEMPORARY SER Temp Help PPE O5102 JD/JN/AA 1,816.73 Temp Help We 05/09 JD/JN/AA 1,500.07 Temp Help w/e 05/23 JD/JN 1,152.11 TEMP HELP W/E 04/25 JD/JN 1,121.04 5,589.95 92422 06/10/2004 004929 MARK FISHER COMPANY, THE Good Old Days Show Ad: Econ.Dev. 107.75 107.75 Pages apChkLst Final Check List Page: 6 06/10/2004 10:38:26AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 92423 06/10/2004 006571 MELODY'S AD WORKS (Continued) Description Amount Paid Mrkt/Promotion Svcs:Street Painting 2,500.00 Check Total 2,500.00 92424 06/10/2004 004534 MOBILE SATELLITE VENTURES Jun EOC Stn Satellite Phone Svcs 70.71 70.71 92425 06/10/2004 000883 MONTELEONE EXCAVATING Remove silt/debris from Vallejo Chan 4,750.00 Citywide dirt shoulder grading 3,750.00 8,500.00 92426 06/10/2004 007011 MORRIS MEYERS MAINTENAN Custodial Svcs: City Parks 4,690.00 4,690.00 92427 06/10/2004 001986 MUZAK -SOUTHERN CALIFORN Jun music broadcast:Old Town 64.86 64.86 92428 06/10/2004 007224 N E C BUSINESS NETWORK CablingWidng for C. Museum 12,592.07 12,592.07 92429 06/10/2004 002139 NORTH COUNTY TIMES 1 yr Subscription:Finance: 120994 100.80 100.80 92430 06/10/2004 002292 OASIS VENDING Coffee/Kitchen Supplies:City Hall 348.57 Coffee/Kitchen Supplies:West Wing 77.58 426.15 92431 06/10/2004 003964 OFFICE DEPOT BUSINESS SVS office supplies:PD O.T. Stn 656.20 office supplies:PD O.T. Stn 5.78 office supplies:PD O.T. Stn 5.13 Credit:items returned:P.D. O.T. Stn -57.22 Credit:items retumed:P.D. O.T. Stn -60.91 548.98 92432 06/10/2004 007320 OFFICE ERGONOMIX Egr. Keyboard: Front Receptionist 371.74 371.74 92433 06/10/2004 002105 OLD TOWN TIRE 8 SERVICE City Vehicle Repair/Maint Svcs 276.11 City Vehicle Repair/Maint Svcs 199.28 City Vehicle Repair/Maint Svcs 119.89 City Vehicle Repair/Maint Svcs 54.93 City Vehicle Repair/Maint Svcs 37.14 687.35 92434 06/10/2004 007384 OREGON MT. CONSTRUCTORS Material Delivery Svcs: Sports Comple 85,830.00 85,830.00 92435 06/10/2004 007687 PAIGE CO CONTAINERS INC, T Storage Boxes:Records Mgmt 575.69 575.69 92436 06/10/2004 003955 PANE CONSULTING SERVICE ( TCSD Staff Shirts w/Logo 911.56 Imagination Wrkshp Patches:C.Museu 716.29 1,627.85 92437 06/10/2004 007765 PENTON TECHNOLOGY MEDIA 2 yr subscr:Windows/.Net Magazine 92.00 92.00 92438 06/10/2004 000249 PETTY CASH Petty Cash Reimbursement 429.55 429.55 Pages apChkLst 06/10/2004 10:38:26AM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92439 06/10/2004 007754 PORRECA, HEIDI Refund:Cotillion-Dinner Dance 20.00 20.00 92440 06/10/2004 002185 POSTMASTER - TEMECULA Postage:TCSD Smr/Fall Brochure 4,361.37 4,361.37 92441 06/10/2004 004529 QUAID TEMECULA HARLEY-DA May Repair/Maint:Police Motorcycles 1,422.32 1,422.32 92442 06/10/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 24,978.63 Various Water Meters 834.23 Various Water Meters 351.31 May 01-06-27900-2 41970 Moreno Rd 258.08 May 01-06-26305-0 O.T. Front Str. 135.70 Various Water Meters 93.48 May 01-06-27200-3 Hwy 395 49.56 May 01-06-27924-2 T. Museum 45.33 May 01-06-59200-2 Main Street 28.07 May 01-06-27999-1 T. Museum 10.22 26,784.61 92443 06/10/2004 000947 RANCHO REPROGRAPHICS Dupl. Blueprints: Jefferson Ave 53.58 53.58 924" 06/10/2004 003591 RENES COMMERCIAL MANAGE City R-O-Ws/Lots weed abatement 12,500.00 12,500.00 92445 06/10/2004 002110 RENTAL SERVICE CORPORATI Equip rental for PW Maint Div 115.84 115.a4 92446 06/10/2004 000266 RIGHTWAY equip rental - Paseo Park 60.78 60.78 92447 06/10/2004 000418 RIVERSIDE CO CLERK & Sept. Releases/Copies:RDA/PW 121.00 Oct. Releases/Copies:RDA 14.00 135.00 92448 06/10/2004 000411 RIVERSIDE CO FLOOD Mar Plan Check Fees:Pala Rd Impry 365.77 365.77 92449 06/10/2004 000355 RIVERSIDE CO REGISTRAR OF Election Exp.:Redhawk Annex:3/2/04 1,248.00 1,248.00 92450 06/10/2004 003587 RIZZO CONSTRUCTION INC Replace/Repair:Poles/Signs:Old Town 6,500.00 6,500.00 92451 06/10/2004 007761 ROSE, AUDREY Refund:Level 4/5 Swim Lessons 30.00 30.00 92452 06/10/2004 003001 ROSS FENCE INC. Res imp prgm: Cruz, Isaias & M. 1,796.00 1,796.00 92453 06/10/2004 007758 RUIZ, ANDY Refund:Citation #1594 50.00 50.00 Page:? apChkLst Final Check List Page: 8 06/10/2004 10:38:26AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check N Date Vendor 92454 06/10/2004 007350 SCALISE, CAROLE 92455 06/10/2004 000645 SMART & FINAL INC 92456 06/10/2004 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total Refund:Cotillion-Dinner Dance 40.00 40.00 Recreation Supplies: TCSD Supplies:Every 15 Min Pgrm Supplies: Family Fun Night Supplies: Teen Program Supplies:Every 15 Min Pgrm Teen Prgm Supplies Jun 2-02-351-5281 CRC May 2-05-791-8807 Various Mtrs May 2-02-502-8077 West Wing May 2-20-798-3248 C. Museum Jun 2-10-331-2153 TCC Apr 2-19-683-3263 Various Mtrs May 2-22-575-0876 O.T. Front St Jun 2-23-693-2810 Pala Rd Jun 2-23-548-1975 Various Mfrs Jun 2-24-077-3069 Pala Rd 92457 06/10/2004 000519 SOUTH COUNTY PEST Pest Control Svcs: CRC Pest Control Svcs: Fire Stn 84 Pest Control Svcs: City Hall Pest Control Svcs: T.Museum Pest Control Svcs: Fire Stn 92 Pest Control Svcs: West Wing Pest Control Svcs: TCC Pest Control Svcs: Wedding Chpl Pest Control Svcs: Sr Ctr 92458 06/10/2004 006145 STENO SOLUTIONS TRANSCRI May Transcription Svcs:Tem. Police 92459 06/10/2004 004570 STEPHEN G WHITE, MAI Appraisal Svcs:Harveston II CFD 03-0 92460 06/10/2004 000305 TARGET STORE Supplies: every 15 min program 92461 06/10/2004 005985 TECHNOLOGY INTEGRATION G Printer Supplies for I.S. Dept. Printer Supplies for I.S. Dept. Printer Supplies for I.S. Dept. Printer Supplies for I.S. Dept. Printer Supplies for I.S. Dept. 92462 06/10/2004 000168 TEMECULA FLOWER CORRAL Sunshine Fund 92463 06/10/2004 000307 TEMECULA TROPHY COMPAN Recogn Plaques:Temecula Citizen Co Nameplates/Badges: Pin 308.60 254.45 123.38 110.63 108.86 80.68 5,419.53 3,818.91 1,669.62 1,112.33 859.96 795.91 194.92 33.09 27.91 27.74 90.00 80.00 56.00 42.00 42.00 40.00 36.00 32.00 29.00 1.143.84 194.45 883.10 436.39 407.30 303.42 276.92 59.21 119.60 80.81 986.60 13,959.92 447.00 1,143.84 9,000.00 194.45 2,307.13 59.21 200.41 Page9 apChkLst Final Check List Page: 9 06/10/2004 10:38:26AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check M Date Vendor Description Amount Paid Check Total 92464 06/10/2004 000306 TEMECULA VALLEY PIPE & SU Irrigation Supplies:TCSD 189.44 189.44 92465 06/10/2004 004274 TEMECULA VALLEY SECURITY Supply/Install Vent in Door:West Wing Locksmith Svcs: C. Museum Locksmith Svcs: Parks Locksmith Svcs: City Hall 92466 06/10/2004 007268 TESCHLER, SANDY Refund: Yoga -Find the Power T/TH 92467 06/10/2004 000668 TIMMY D PRODUCTIONS INC DJ Svcs:Teen Dance:5/28/04 92468 06/10/2004 007755 TOWNSEND, LISA Refund:Cotillion-Dinner Dance 92469 06/10/2004 006192 TRISTAFF GROUP Temp Help w/e 05/30 Bradley Temp Help w/e 05/23 Bradley 92470 06/10/2004 007766 UNDERGROUND SERVICE ALE Mbrshp:R.UribefTickets:PW 92471 06/10/2004 006637 V C A CODE GROUP May Plan Check Svcs: B&S Dept. 92472 06/10/2004 004504 VAIL RANCH SELF STORAGE Jun Offsite Storage: Records Mgmt 92473 06/10/2004 004261 VERIZON CALIFORNIA 92474 06/10/2004 004279 VERIZON CALIFORNIA INC. 92475 06/10/2004 007756 VILLARREAL, MARGIE 92476 06/10/2004 001890 VORTEX DOORS May xxx-5029 general usage May xxx-1408 P.D. Front St. Sin May xxx-5509 general usage May xxx-9897 general usage May roux-1540 O.T. Prk Lot May roux-0049 general usage May roux-1999 general usage May xxx-2629 Nagger May roux-2730 elevator May xxx-5780 general usage May xxx-5840 general usage May xxx-2670 911 Auto Dialer May access -CRC phone line May access-Rvsd Co phone line Refund:Cotillion-Dinner Dance Garage Door Repairs: Fire Stn 84 491.63 72.41 57.08 45.00 if;IQ 300.00 60.00 520.00 520.00 91.40 1,552.20 30.00 511.09 497.61 146.79 89.46 83.91 34.33 32.72 28.29 27.91 27.91 27.91 27.91 347.84 271.75 764.40 666.12 16.00 300.00 60.00 1,040.00 91.40 1,552.20 30.00 1,535.84 619.59 20.00 764.40 Page9 apChkLst Final Check List Page: 10 O6110/2004 10:38:26AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 92477 06/10/2004 003730 WEST COAST ARBORISTS INC Apr Citywide Tree Trimming/Maint Svc 3,150.00 May Citywide Tree Trimming/Maint Sv 1,373.00 4,523.00 92478 06/10/2004 000339 WEST PUBLISHING CORP Apr City Hall Judicial Updates 129.30 129.30 92479 06/10/2004 004829 W ILSON GROUP LLC, THE Jun State lobbyist svos for City issues 3,500.00 3,500.00 92480 06/10/2004 004774 WOODCREST UNIFORMS Ballistic raid vests:Police 1,825.01 1,825.01 92481 06/10/2004 001544 YEAGER SKANSKA INC Prgs Pmt #1:Pechanga Pkwy Phase II 247,050.00 247,050.00 Sub total for UNION BANK OF CALIFORNIA: 1,143,355.28 Page:10 ITEM 4 APPROVAL CITY ATTORNEYYW6 DIRECTOR OF FINAF'4 CITY MANAGER / A' CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Assistant to the City Manager DATE: June 22, 2004 SUBJECT: Amendment to Animal Friends of the Valley Contract for Animal Control Services PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council: 1. APPROVE a one-year contract extension for Animal Control Services with Animal Friends of the Valley not to exceed $130,000. 2. AUTHORIZE the City Manager to approve additional service not to exceed ten percent (10%) of the amount of the Agreement. BACKGROUND: The City of Temecula has contracted with Animal Friends of the Valley, (formerly L.E.A.F.), since 1995 for animal control services. Animal Friends of the Valley has performed very well during this period, and City staff, including the Police Department, has been very satisfied with the services they provide. This Contract Extension is for a period of one year. The current contract expires on June 30, 2004. It is staffs intent, in extending this contract for one year, to work with Animal Friends of the Valley as they continue to explore the concept of building their own shelter. The Cities and County continue to work towards the formation of a joint -powers authority (JPA) which will greatly assist in the effort to construct and operate a new animal shelter in SW Riverside County. The flat fee for animal control services for 2004-05 will become $8,750 per month. This flat rate is a result of the estimated animal control service hours and mileage for service during the upcoming year. The yearly budgeted amount for such services remains the same from FY 03- 04. In addition, fine monies received through administrative citations will be retained by Animal Friends of the Valley to be used to further offset operating costs for this contract period. Animal Friends of the Valley will provide one full time Animal Control Officer, a fully equipped vehicle, and shelter for the City of Temecula's animals. The Animal Control Officer will be serving the City of Temecula 8 hours, 5 days a week as well as weekends and emergency calls. The administrative staff will also conduct hearings for animal control problems. The above mentioned rate will cover 195 Animal Control Officer hours, as well as 2,815 miles and house 85 animals per month. R:NDAMSMCOUNCIL\LEAF Contract Extension 2004 Goc FISCAL IMPACT: The fiscal year 2004-05 Operating Budget includes $130,000 for Animal Control Services. This amount will cover the increases associated with this amendment. ATTACHMENT(S): Contract Amendment R:WDAMSMCOUNCIULEAF Contract Extension 20N,doc CONSULTANT AGREEMENT FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ANIMAL FRIENDS OF THE VALLEY (aka L.E.A.F.) THIS FOURTH AMENDMENT is made and entered into as of June 22, 2004 by and between the City of Temecula, a municipal corporation (City) and Animal Friends of the Valley (Consultant). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: a. September 1995 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services" (Agreement). b. The parties now desire to amend the Agreement as set forth in this Amendment. 2. This contract will be for a maximum of 1 year. In no event will this amendment be in place longer than July 1, 2005. 3. The flat fee for animal control services for 2004-05 will become $8,750 per month. This rate is a result of estimated additional animal control service hours and mileage for service during the upcoming year 4. Animal Friends of the Valley will provide one full time Animal Control Officer, a fully equipped vehicle, and shelter for the City of Temecula's animals. 5. The Animal Control Officer will be serving the City of Temecula 8 hours, 5 days a week as well as weekends and emergency calls. 6. The monthly flat rate of $8,750 will cover 195 Animal Control Officer hours, as well as 2,815 miles and house 85 animals per month. 7. Total costs of service for one year shall not exceed $130,000. The City Manager may approve additional service not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed thirteen thousand dollars ($13,000.00). Any additional service/work in excess of this amount shall be approved by the City Council. R:VADAMSMCOUNCIBLEAF CONTRACT amentlment IV Goc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA No Mike Naggar, Mayor ATTEST: M. Susan W. Jones, CMC, City Clerk Approved As to Form: [3V Peter M. Thorson, City Attorney CONSULTANT Animal Friends of the Valley 29001 Bastron Avenue Lake Elsinore, CA (909) 674-0618 Anne Washington, Director R:WDAMSMCOUNCULEAF CONTRACT amendment IV.do 6-08-204 S:49PM FROM APS 9096786922 P.2 Animal Friends of the Valleys PO Box 1143 Lake Elsinore CA 92531-1143 (909)471-8344 May 31, 2004 Attn: Grant Yates City of Temecula PO Box 9033 Temecula CA 92589-9033 RE: 2004-2005 Budget After reviewing the current year's services for animal control, the new flat fee amount for this upcoming budget year 2004-2005 for the City of Temecula will be $8,750. This increase is a result of estimated additional Animal Control Service hours and mileage for service during the upcoming year. Animal Friends of the Valleys (AFV) will provide one full time Animal Control Officer, a fully equipped vehicle, and shelter for the City of Temecula's animals. The Animal Control Officer will be serving the City of Temecula 8 hours, 5 days a week as well as weekends and emergency calls. The administrative staff will also conduct hearings for animal problems. The above Flat rate will cover 195 ACO hours, as well as 2815 miles and house 85 animals per month. If you have any questions, please do not hesitate to call. Sincerely, Anne Washington ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FIN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman Parker, Director of Community Services DATE: June 22, 2004 SUBJECT: Cable Franchise Agreement Extension of Time PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services DATION: That the City Council adopt a Resolution entitled: RESOLUTION NO. 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS TO MARCH 31, 2005, TO FACILITIATE THE CITY'S NEGOTIATIONS WITH THE CABLE OPERATOR REGARDING RENEWAL OF THAT FRANCHISE AGREEMENT DISCUSSION: Adelphia Cable Communications provides cable services within the City of Temecula under a non-exclusive cable franchise agreement. The County of Riverside originally approved this franchise agreement prior to incorporation of the City. The original term of the agreement expired on January 9, 2004 and was extended by Resolution through June 30, 2004 to facilitate renewal negotiations. This action extends the franchise agreement for a nine month period. Staff completed a community survey of residents and businesses in Temecula to assess the community's views of current cable services and to ascertain additional desired services. Staff has also worked with Assistant City Attorney Bill Rudell to create a draft franchise agreement that addresses the City's cable needs and expectations. Adelphia has had an opportunity to review and comment on the documents. A negotiation team including Jeff Comerchero, as the Council sub -committee, and staff has been identified. The kick off meeting has been scheduled to begin the negotiation process with the cable provider. Extension of the current franchise term will allow Adelphia the continued operation their cable system and the City's continued collection of franchise fees during the negotiation period. FISCAL IMPACT: There is no immediate fiscal impact associated with the extension of time of the cable franchise agreement. RARUSEPtAGENDAS\cable franchise time extension 6-22-04.doc RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS TO MARCH 31, 2005, TO FACILITATE THE CITY'S NEGOTIATIONS WITH THE CABLE OPERATOR REGARDING RENEWAL OF THAT FRANCHISE AGREEMENT THE CITY COUNCIL OF THE CITY OF TEMECULA RESOLVES AS FOLLOWS: Section 1. This resolution is adopted in recognition of the following facts and circumstances: A. Century-TCI California, L.P., dba Adelphia Cable Communications ("Adelphia"), is the authorized assignee of a cable television franchise agreement that's term was originally scheduled to terminate on January 9, 2004. B. The City and Adelphia agreed to extend the term of the cable television franchise agreement for an additional six (6) month period through Jun 30, 2004 to facilitate franchise renewal negotiations. C. The City and Adelphia desire to extend the term of the existing franchise agreement an additional nine (9) months through March 31, 2005 in order to continue the negotiation process. Section 2. An extension of the cable television franchise agreement through and including March 31, 2005, is hereby authorized, and the City Manager is authorized to continue negotiations with Adelphia's representatives for the renewal of the cable television franchise agreement on terms that are mutually acceptable to both parties. Section 3. This resolution will become effective on the date that an authorized representative of Adelphia executes the form of acceptance and acknowledgement that is set forth at the end of this resolution. 756526-1 PASSED, APPROVED and ADOPTED this day of June 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor APPROVED AS TO FORM: City Clerk The undersigned, who is an authorized representative of Adelphia Cable Communications, acknowledges and accepts the extension of the cable television franchise agreement that is authorized by this resolution. CENTURY-TCI CALIFORNIA, L.P., dba ADELPHIA CABLE COMMUNICATIONS M Title Dated 756526-1 ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman Parker, Director of Community Services DATE: June 22, 2004 SUBJECT: Amendment No. 3 to Agreement with LPA, Incorporated for Temecula Public Library Design Services PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council approve Amendment No. 3 to Agreement with LPA, Incorporated in an amount of $156,000 for Temecula Public Library Design Services. DISCUSSION: On December 14, 1999, the City Council awarded a contract to LPA, Incorporated (LPA) for schematic design, design development, and construction document services for the Temecula Library Project. Construction documents were developed to 95% completion. At that time, first cycle grant applications for the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 became available. LPA assisted the City in the completion and submittal of our first cycle application. Although very competitive, the City was not successful in receiving funding in the first cycle. In response to comments from the State Office of Library Construction (OLC) on our application, LPA, the Temecula Valley Unified School District, Riverside County Library and the City worked together to modify the design and programming elements of the facility. The City submitted a revised application for second cycle funding and on March 28, 2003 was awarded $8.5 million in grant funding for construction of the Temecula Public Library. Since that date, LPA has worked with the City to modify the construction drawings to accommodate the changes made at the schematic level between first and second application cycles. The plan check and review requirements of the Bond Act are considerably more involved than for projects funded solely with City funds. These requirements necessitate significantly greater time and effort on the part of the architects than provided for in the original scope of services for the project. In addition, the Friends of the Temecula Library is planning to launch a fund raising campaign to provide additional funds for the construction of the new library. LPA is working with the Friends and the City to provide optimal donor recognition opportunities within the new facility. The architects will need to incorporate lighting, structural support and other services in the design of the facility. These services are also beyond the scope of the original design services contact. RARUSEPWGENDASTbrary design amendment 3 - LPA 6-22-04.doc In order to facilitate the timely completion of and submittal of the construction documents to the Office of Library Construction, LPA has continued to work with staff in the completion of the revised construction documents based on OLC comments. The final plans were submitted to OLC, Department of State Architect and the City's Building and Safety Department for plan check nearthe end of May. Staff anticipates plan check comments or plan approval by the end of June. FISCAL IMPACT: Total cost of amendment 3 to the deign services agreement with LPA is $146,000, plus an additional $10,000 for reimbursables and contingency, bringing the total contract for architectural plans to $919,520. Total architectural fees for this project equal 9.8% of the construction budget for the facility. Sufficient funds are appropriated in the City's Capital Improvement Program for FY 2003/04 for this amendment. RARUSEPVAGENDASVibrary design amendment 3 - LPA 6-22-04.doc AMENDMENT NO. 3 CONTRACT ORDER NO. 33441 TEMECULA PUBLIC LIBRARY PROJECT June 22, 2004 The Agreement dated December 14, 1999 between the City of Temecula and LPA, Inc., (hereinafter referred to as "Agreement') is hereby amended as follows: Section 1 Scope of Work is hereby amended to include services as described in Exhibit "A" attached hereto. Compensation for these additional services is a not to exceed $146,000 plus $10,000 for reimbursables and contingency to be paid in accordance with the Agreement. Total agreement compensation, including this amendment, not to exceed $919,520 as approved in accordance with the agreement. Section 2 Section 1 of the Agreement is hereby amended as follows: 111. TERM. This Agreement shall commence on December 14,1999, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2007, unless sooner terminated pursuant to the provisions of this Agreement." Section 3 All other terms and conditions of the Agreement shall remain the same. The parties hereto have executed this Amendment on the date and year above written. CONSULANT M Name: Robert Kupper Title: Chief Executive Officer By: Name: James A. Kelly Title: Secretary CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CIVIC, City Clerk Approved as to Form: Peter M. Thorson, City Attorney RARUSEP\CONTRACTUbrary amendment no 3 - LPA 6-22-04.doc U3 EXHIBIT "A" i LPA May 27, 2004 N C b Mrs. Phyllis Ruse e Director of Community Development o CITY OF TEMECULA 43100 Business Park Drive hh; PO BOX 9033 Temecula, CA 92590-9033 Re: Proposal for Additional Services bbgq �4 e, q • 3 LPA Project No. 98057.20/.30/.90 WWW3 Dear Phyllis: After reviewing all the issues regarding the on -going Temecula Library, we have the following requests: A. Revisions to Library requested by City LPA and consultants are requested to expand the building by 1500 s.f. at the staff area. All disciples are affected, including Title 24 calculations. Request for 98057.20, PSA #2: $40,000.00 B. Cost of Living Increase For the remaining portions of the original contract from 1999, LPA is requesting cost of living increases to Bidding and Construction Administration phases of the project. The increase is from $162,903 to $179,193. Request for 98057.20, PSA #3: $16,000.00 Revisions to the Library Required by State In order to meet the state grant application requirements, LPA and our consultants are required to modify the documents and to provide significantly more information than required for a civic project. Such information includes, but is not limited to: 1. Tabulations of the various program elements. 2. Dimensioned furniture plan. 3. Furniture plans with lighting overlays. 4. Modifications to the documents as required by state. 5. Packaged state check sets for Schematic Design, Design Development, Construction Documents, and Bid Documents. These sets address issues from previous reviews, including significant state required checklists. 6. Submittal to Department of the Sate Architect for access compliance. Request for98057.30: $70,000.00 Mrs. Phyllis Ruse May 27, 2004 Proposal for Additional Services Page 2 LPA Project No. 98057.20/.30/.90 D, Donor Program LPA has been asked to provide on -call assistance to the city for the donor program. Request for 98057.90: Hourly to $20,000.00 Thank you for your thoughtful consideration of these items. We are very anxious to get construction of your library underway. Sincerely, LPA, Inc. Orange County Office James T. Wirick, AIA Principal cc: Lorrie Ellis, LPA Craig Whitridge, LPA J \1998\9805720\File MNRuse proposal for addtl srvcs Itr.doc ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER ty CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman Parker, Director of Community Services'O DATE: June 22, 2004 ` SUBJECT: Riverside County Library Contract Amendment No. 7 PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council: Approve Amendment No. 7 to the Agreement to Provide Library Services (Additional Staff). Authorize the expenditure of an amount not to exceed $150,000 to fund the Temecula Library Volunteer Coordinator half-time position and to subsidize funding to maintain the Senior Reference Librarian and Reference Librarian positions for fiscal year 2004-05. DISCUSSION: The Riverside County Library system (RCLS) has been operating under a contract with Library Systems and Services, Inc. (LSSI) since July 1, 1997. This contract is administered by RCLS by breaking the County into three service areas. The Temecula Library is in the Mid -South Zone Service Area and receives funding from Temecula, Sun City, Lake Elsinore, Canyon Lake, San Jacinto, Valle Vista, Idy lwild, Calimesa, and Anza regions. For the past year, the Temecula Branch Library has been open to the general public for 52 hours per week. The library staffing for FY 2003-04 was as follows: POSITION TITLE Librarian (Branch Manager) Reference Librarian Librarian Associate Library Technician Library Assistant Volunteer Coordinator Library Page TOTAL NUMBER OF FULL TIME EQUIVALENTS (FTE) 2 4.5 .5 5 M R1RUSER AGENDAW004-05 Library Amendment.doc The City of Temecula has subsidized 2.5 full time equivalent positions in FY 1998-99 through FY 2002-03 in an amount not to exceed $150,000. The positions provided for are two Reference Librarians and a half-time Volunteer Coordinator. Without the additional revenue from the City, the RCLS would not be able to provide these positions or the services that they offer to the community. FISCAL IMPACT: Cost to provide funding for 2.5 full time equivalent positions at the library is not to exceed $150,000. Sufficient funding has been included in the Council discretionary line item in the approved FY 2004-05 Community Support budget. RARUSERAGENDAS0004-05 Library Amendment.doc SEVENTH AMENDMENT TO AGREEMENT TO PROVIDE LIBRARY SERVICES (Additional Staff) COUNTY OF RIVERSIDE - RIVERSIDE COUNTY LIBRARY SYSTEM And the CITY OF TEMECULA (Fiscal Year 2004-2005) WHEREAS, the County of Riverside, Riverside County Library System ("County") and the City of Temecula ("City') have entered into an agreement to provide library services (additional staff) (the "Agreement'), as amended, and the parties wish to further amend the Agreement, to be effective on July 1, 2004: NOW THEREFORE, the parties agree as follows: A. Section 1. RESPONSIBILITY OF THE PARTIES is amended to change the time period in sub -section 1.1, as amended, to "July 1, 2004 to June 30, 2005". All other provisions of the section, as amended, shall remain unchanged. B. Section 4.2 Term is amended to add the following paragraph to the end of the existing section, as amended: "The term of this Agreement is extended, and shall include the time period from July 1, 2004 through June 30, 2005. City or County may terminate this Agreement, as amended, for no cause, on the giving of thirty (30) days written notice to the other party." RARUSEP\C0NTRAC_R2004-05 library amendment no Tdoc t C. All other terms and conditions of the Agreement, as amended, shall remain unchanged and remain in full force and effect. IN WITNESS WHEREOF, County and City have caused this Seventh Amendment to be duly executed by the parties hereto: CITY OF TEMECULA Bv: Michael S. Naggar, Mayor Attest: Susan W. Jones, CMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney in Peter M. Thorson, City Attorney LIBRARY SYSTEMS AND SERVICES, LLC M President, LSSI COUNTY OF RIVERSIDE M Chair, Board of Supervisors Attest: Clerk to the Board of Supervisors Deputy APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel 0 Deputy County Counsel RARUSEP\CONTRACT\2004-05 library amendment no Zdoc 2 ITEM 8 APPROVAL CITY ATTORNEY Y�/� DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems jo DATE: June 22, 2004 SUBJECT: Accela/Permits Plus Maintenance Agreement PREPARED BY: Tim Thorson, Information Systems Director RECOMMENDATION: That the City Council authorize the purchase of the annual maintenance support for the following Accela/Permits Plus Applications: Permits Plus Base, Client Server, Workflow, and Wireless Modules for the total amount of $27,912.64. DISCUSSION: The City has been using Accela for over ten years to centralize and automate its land and permit management activities. With the addition of Accela Wireless, the City powers its inspection teams with mobile technology to shift daily tasks from the office to the field. The Permits Plus Application suite is a Windows -based environment that interacts with Microsoft SQL databases and complies with state and federal regulations. This product is a proprietary application and may only be obtained from Accela, Inc. FISCAL IMPACT: $27,912.64 was appropriated in the 2004-05 Fiscal Year Budget for the Information Systems Internal Services fund. ATTACHMENTS: Accela/Permits Plus Software Maintenance Agreement AGREEMENT FOR SOFTWARE MAINTENANCE BETWEEN THE CITY OF TEMECULA AND ACCELA, INC. This Maintenance Agreement ("Agreement") is made as of July 1, 2004, by and between the City of Temecula ("City"), a municipal corporation, and Accela, Inc. ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Software Maintenance. On and subject to the terms and conditions set forth in this Agreement and the attached Exhibit A Contract Documents, Vendor agrees to provide to the City Software Maintenance for a period of one (1) year as more particularly described in Exhibit A of this Software Maintenance Agreement, attached hereto and incorporated herein as though set forth in full (hereafter "Software Maintenance"). Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its maintenance obligations under this Agreement. 2. Contract Amount. The Contract Amount which City agrees to pay to Vendor for Software Maintenance is Twenty Seven Thousand Nine Hundred Twelve Dollars and Sixty Four Cents ($27,912.64) based on the Vendor's price listing Exhibit B to attached hereto and incorporated herein as through set forth in full. The City and Vendor shall negotiate pricing for each additional year based on the number of licenses. 3. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title, License and Operating Condition. Vendor is the owner of the Software, and has good and marketable title and license to all of the Software. Vendor is also the only entity who can perform Maintenance of the Software, and associated modules. Vendor shall grant to the City a non-exclusive license to use the Software for the purpose in accordance with the terms and on the conditions set forth in this Agreement. Vendor will provide software maintenance and support to all licensed users of Permits Plus — Base, Client Server, Work Flow, and Accela Wireless. In consideration for the software maintenance fee, as outlined in Exhibit B. The City is relying on Vendor's warranties that the Software will be maintained and fit for this purpose and the ordinary purposes for which this Software is normally used. R:/caseym/purchasing/contracts/accelamntc C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 4. Term. This Agreement shall commence on July 1, 2004, and shall remain and continue in effect until June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 5. Acceptance. Acceptance testing of the maintenance shall be jointly performed by the Vendor and City for the software program described in Exhibit A. 6. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents 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 or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 7. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Maintenance Agreement attached hereto as Exhibit A. b. Cost per pricing listed on Exhibit B c.. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. 8. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 9. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 10. Legal Responsibilities. The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 11. Assignment. This Agreement may not be assigned by Vendor without the express written consent of City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. R:/caseym/purchasing/contracts/accelamntc 1WR 12. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 13. Prohibited Interest. No officer, or employee of the City of Temecula 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 has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, 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. 14. Entire Agreement: Modification: Waiver. This Agreement, constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Contract Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Contract Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 15. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third business day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, or on the first business day after being deposited with an overnight carrier for delivery the next business day, and properly addressed as follows: To Vendor: Accela, Inc. 1731 West Walnut Avenue Visalia, California 93277 To City: City of Temecula 43200 Business Park Drive Temecula, California 92589 Attn: City Manager Any parry may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above. 16. Effects of Headings. The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 17. Governing Law. This Agreement shall be construed in accordance with, and govemed by, the laws of the State of Califomia as applied to contracts that are executed and performed entirely in California. RJpseym/purchasing/contracfsiaccelamntc -3- 18. Warranty Against Propriety Infringement. Vendor warrants that it is lawfully entitled to provide City with the Software and is therefore, the only Vendor authorized and trained to provide software maintenance, support, and all other materials and configurations referred to in this agreement hereof. Vendor shall indemnify, defend, and hold free and harmless City from and against any and all claims, liabilities and/or judgments based upon or arising out of any allegation that any aspect of the software licensed to City or maintenance performed against software for the City infringes a United States patent, trademark, copyright or other intellectual property or propriety right, or constitutes a misappropriation of a trade secret provided (i) that City promptly notifies Vendor in writing that such claim or suit has been received by the City; (ii) that Vendor has the right to assume the defense of such claim or suit with counsel selected by Vendor and at Vendor's sole cost; (iii) that Vendor receives City's cooperation in the defense of such claim or suit; (iv) that Vendor shall have the right to settle such claim or suit at its expense, and/or procure the right for City to continue to use the software purchased, as well as, procure maintenance and support for said software in such a fashion as to eliminate any infringement or misappropriation, subject to the City's satisfaction, and (v) that Vendor and City shall have the right, in the event that such cure is not reasonably available, to terminate this Agreement, subject to Vendor's refunding seventy-five (75%) of any prepaid maintenance fee's if terminated less than two (2) years of the date of Agreement, and fifty (50%) if terminated between two (2) and five (5) years after date of Agreement. IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and year first above written. R:/caseym/purchasing/contracts/accelamntc CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney Accela, Inc. 1731 West Walnut Avenue Visalia, California 93277 By: Title: -4- EXHIBIT A MAINTENANCE AGREEMENT 1. Parties ACCELA Accela, Inc. 4160 Dublin Boulevard, Suite 128 Dublin, California 94568 Attention: Colin Samuels T: 925.560.6577x192 F: 925.828.6622 e-Mail: csamuels@accela.com CUSTOMER Attention: T: F: e-Mail: This Maintenance Agreement ("MA") is intended for the exclusive benefit of the Parties; nothing herein will be construed to create any benefits, rights, or responsibilities in any other parties. 2. Term and Termination 2.1 Term Provided that Customer signs and returns this MA to Accela, together with full payment for all amounts designated in Exhibit A ("Deliverables and Compensation") as "due upon signing", no later than this MA is effective as of the Project Completion Date described in the Services Agreement between the Parties and will continue for a period of one (1) year. Should Customer fail to renew its maintenance coverage or pay the applicable fees, Vendor reserves the right to withhold all support. If Customer resumes maintenance coverage after one or more periods without such coverage, will pay all maintenance fees attributable to the period without coverage, as such fees are calculated based upon pricing in effect at the time of resumption of maintenance coverage. 2.2 Termination Either party may terminate if the other party materially breaches this MA and, after receiving a written notice describing the circumstances of the default, fails to correct the breach within thirty (30) days. Upon any termination or expiration of this MA, all rights granted to Customer are cancelled and revert to Accela. 3. Scope of Maintenance 3.1 Maintenance Services 3.1.1 Telephone Support Accela will provide Customer with a telephone number to contact the Customer Resource Center (CRC), Accela's live technical support facility, which is available from 6:00 a.m. until 6:00 p.m. Pacific time Monday through Friday, excluding Accela's observed holidays. 3.1.2 E-Mail Support Accela will provide Customer with one or more electronic mail addresses to which Customer may submit routine or non -critical support requests, which Accela will address during its regular business hours. 3.1.3 Online Support Acoela will provide Customer with access to archived software updates and other technical information in Accela's online support databases, which are continuously available. 3.1.4 Remote Support When required to property resolve a maintenance request, Accela will provide remote assistance to Customer via the WebExTM Meeting Center environment or another mutually -acceptable remote communications method. RJpseym/purchasing/contracts/accelamntc -5- 3.1.5 On -Site Support If Customer does not wish for Accela to resolve its maintenance requests remotely, Accela will provide on -site assistance to Customer at Accela's then -current time - and -materials rates. In addition to these charges, Customer will compensate Accela for associated airfare, lodging, rental transportation, meals, and other incidental expenses as such expenses accrue. 3.1.6 Software Updates Accela will provide revisions of and enhancements to maintained software products to Customer as such updates are generally -released by Accela. 3.2 Maintenance Limitations 3.2.1 Limitations Generally The following are not covered by this MA, but may be separately available at rates and on terns which may vary from those described herein: a) Services required due to misuse of the Accela-maintained software products; b) Services required due to software corrections, customizations, or modifications not developed or authorized by Aocela; c) Services required by Customer to be performed by Accela outside of Accela's usual working hours; d) Services required due to external factors including, but not necessarily limited to, Customer's use of software or hardware not authorized by Accela; e) Services required to resolve or work -around conditions which cannot be reproduced in Accela's support environment; f) Services which relate to tasks other than maintenance of Customer's existing implementation and configuration of the Accela-maintained software products including, but not necessarily limited to, enhancing or adapting such products for specific operating environments; g) Services requested by Customer to implement software updates provided by Accela pursuant to this MA; and h) New or additional applications, modules, or functionality released by Accela during the term of this MA. 3.2.2 Legacy Releases Accela will provide maintenance support for the current release of each of its maintained software applications and for the release immediately preceding such current release. All other releases are deemed to be "Legacy Releases". Accela will respond to maintenance requests concerning Legacy Releases only using currently -available information. Services requiring additional research, engineering -level support, or coding or programming by Accela are not provided pursuant to this MA, but may be separately available at rates and on terms which may vary from those described herein. 3.3 Warren Accela will commence and complete the maintenance obligations described in this MA in a good and,workmanlike manner, consistent with the practices and standards of care generally -accepted within and expected of Accela's industry, to ensure that the operation of the maintained software products does not materially differ from documented specifications. Accela may make repeated efforts within a reasonable time period to resolve maintenance requests. When a maintenance request cannot be resolved, Customer's exclusive remedy is a refund of the maintenance fees paid to Accela for the defective or non -conforming software products; where this MA has a multi -year term, such refund will comprise the maintenance fees paid to Accela for the defective or non -conforming software products for the twelve (12) calendar months immediately preceding Customer's maintenance request. R:/caseym/purchasing/contracts/accelamntc .M 3.4 Compensation 3.4.1 Maintenance Fees In exchange for the Maintenance Services described hereinabove, Customer will pay to Accela upon the occurrence of the billing events described in Exhibit A the amounts designated as "Maintenance Fees". 3.4.2 Payment Terns Amounts are quoted in United States dollars and do not include applicable taxes, if any. Customer will be responsible for payment of all federal, state or provincial, and local taxes and duties, except those based on Accela's income. If Customer is exempt from certain taxes, Customer will provide Accela with an appropriate certificate of exemption. With the exception of amounts designated in Exhibit A as "Due Upon Signing", Customer will be invoiced for all amounts as they become due. The payment terms of all invoices are net thirty (30) days from the dates of the invoices. Any payment not paid to Accela within 30 days of the billing date will incur a late payment fee equal to five percent (5%) of the amount past due and will accrue interest in an amount equal to one -and -a -half percent (1.5%) per month, compounded monthly, on the outstanding balance from the billing date and Accela may, at its sole discretion, suspend its obligations hereunder without penalty until payments for all past -due billings have been paid in full by Customer. 4. Confidentiality 4.1 Definitions "Disclosing Party" and "Recipient refer respectively to the party which discloses information and the party to which information is disclosed in a given exchange. Either Accela or Customer may be deemed Disclosing Party or Recipient depending on the circumstances of a particular communication or transfer of information. "Confidential Information" means all disclosed information relating in whole or in part to non-public data, proprietary data compilations, computer source codes, compiled or object codes, scripted programming statements, byte codes, or data codes, entity -relation or workflow diagrams, financial records or information, client records or information, organizational or personnel information, business plans, or works -in -progress, even where such works, when completed, would not necessarily comprise Confidential Information. The foregoing listing is not intended by the Parties to be comprehensive, and any information which Disclosing Party marks or otherwise designates as "Confidential" or "Proprietary" will be deemed and treated as Confidential Information. Information which qualifies as "Confidential Information" may be presented to Recipient in oral, written, graphic, and/or machine-readable formats. Regardless of presentation format, such information will be deemed and treated as Confidential Information. Notwithstanding, the following specific classes of information are not "Confidential Information" within the meaning of this Section: a) information which is in Recipient's possession prior to disclosure by Disclosing Party; b) information which is available to Recipient from a third party without violation of this MA or Disclosing Party's intellectual property rights; c) information disclosed pursuant to Subsection 4.4 below; d) information which is in the public domain at the time of disclosure by Disclosing Party, or which enters the public domain from a source other than Recipient after disclosure by Disclosing Party; e) information which is subpoenaed by governmental or judicial authority; and f) information subject to disclosure pursuant to a state's public records laws. 4.2 Confidentiality Tenn The obligations described in this Section commence on the Effective Date and will continue until two (2) years following any termination or expiration of this MA ("Confidentiality Tenn"). 4.3 Confidentiality Obligations During the Confidentiality Tenn, Recipient will protect the confidentiality of Confidential Information using the same degree of care that it uses to protect its own information of similar importance, but will in any case use no less than a reasonable degree of care to protect R.,/caseymtpurchasing/contracL4accelamntc -7- Confidential Information. Recipient will not directly or indirectly disclose Confidential Information or any part thereof to any third parry without Disclosing Party's advance express written authorization to do so. Recipient may disclose Confidential Information only to its employees or agents under its control and direction in the normal course of its business and only on a need -to -know basis. In responding to a request for Confidential Information, Recipient will cooperate with Disclosing Party, in a timely fashion and in a manner not inconsistent with applicable laws, to protect the Confidential Information to the fullest extent possible. 4.4 Publicity During the term of this MA, including the term of any amendment hereto, Accela may publicly disclose its ongoing business relationship with Customer. Such disclosures may indicate Customer's identity and the Accela product(s) and services provided or contracted to be provided to Customer, but may not expressly or impliedly indicate Customer's endorsement of Accela's products or services without Customer's prior written authorization. 5. Other Terms and Conditions 5.1 Customer Obligations As required, Customer will provide Accela with appropriate access to Customer's facilities, data systems, and other resources. If Security restrictions impair such access, Customer acknowledges that some maintenance services hereunder may not be provided to Customer. It is Customer's sole responsibility to maintain current backup copies of its data and of its implementation of Accela's software products. If Customer's failure to create proper backups substantially increases the difficulties of any remedial actions by Accela hereunder, Accela reserves the right to charge Customer for any extra work reasonably -attributable to such increased difficulty, as calculated at Accela's then -current time -and -materials rates. 5.2 Proprietary Rights The remedial methods, software updates, and product information provided to Customer pursuant to this MA are protected under the laws of the United States and the individual states and by international treaty provisions. Accela retains full ownership in such items and grants to Customer a limited, nonexclusive, nontransferable license to use the items, subject to the terms and conditions of this MA and other agreements between Accela and Customer. 5.3 Limitation of Liability Accela provides no warranty whatsoever for any third -party hardware or software products. Third -party applications which utilize or rely upon the Application Services may be adversely affected by remedial or other actions performed pursuant to this MA; Accela bears no liability for and has no obligation to remedy such effects. Except as set forth herein, Accela provides all Application and Professional Services "as is" without express or implied warranty of any kind regarding the character, function, capabilities, or appropriateness of such services or deliverables. To the extent not offset by its insurance coverage and to the maximum extent permitted by applicable laws, in no event will Accela's cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed the fees paid to Accela by Customer during the twelve (12) calendar months immediately preceding the circumstances which give rise to such claim(s) of liability, even if Accela or its agents have been advised of the possibility of such damages. 5.4 Force Maieure If either party is delayed in its performance of any obligation under this MA due to causes or effects beyond its control, that party will give timely notice to the other party and will act in good faith to resume performance as soon as practicable. 5.5 Dispute Resolution This MA is governed by the laws of the State of California. Any controversy or claim arising out of or relating to this MA, or the breach thereof, will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures, and judgment on the award rendered by the arbitrator may R:/caseym/purchasing/contracts/accelamntc be entered in any court having jurisdiction thereof. The place of arbitration will be Santa Clara County, California. Either party may apply to the arbitrator for injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under this MA, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the arbitrator's determination of the merits of the controversy. Each party will initially bear its own expenses and an equal share of the costs of the arbitration, but the prevailing party may be awarded its expenses, reasonable attorneys' fees, and costs. The failure of either party to object to a breach of this MA will not prevent that party from thereafter objecting to that breach or any other breach of this MA. 5.6 Assignment Accela may assign its rights and obligations hereunder for purposes of financing or pursuant to corporate transactions involving the sale of all or substantially all of its stock or assets. Accela may subcontract with qualified third parties to provide portions of the Professional Services described hereinabove. 5.7 Survival The following provisions will survive the termination or expiration of this MA: Section 2.1 ("Tenn"), as to Customer's obligation to pay any fees associated with a lapse in maintenance coverage upon resumption of such coverage; Section 3.3 ("Warranty"), as to limitation of remedy; Section 3.4 ("Compensation") and all subsections thereof, as to Customer's obligation to pay any fees accrued or due at the time of termination or expiration; Section 4 ("Confidentiality") and all subsections thereof; Section 5.2 ("Proprietary Rights"); Section 5.3 ("Limitation of Liability); Section 5.5 ("Dispute Resolution"); Section 5.6 ("Assignment"); Section 5.7 ("Survival"); and Section 5.8 ("Severability and Amendment"). 5.8 Severability and Amendment If any particular provision of this MA is determined to be invalid or unenforceable, that determination will not affect the other provisions of this MA, which will be construed in all respects as if the invalid or unenforceable provision were omitted. No extension, modification, or amendment of this MA will be effective unless it is described in writing and signed by the Parties. ACCELA By: (Signature) (Print Name) Its (Tide) Dated: (Month, Day, Year) Exhibit Follows. R.,/caseym/purchasing/oontracts/aocelamntc CUSTOMER By: (Signature) (Print Name) 2- Dated: (Month, Day, END OF DOCUMENT IS"T EXHIBIT A— Deliverables and Compensation Application I User, Licenses Maintenance Fees Total of Maintenancefees $' R:/caseym/purchasing/contractslaccelamntc END OF DOCUMENT _10_ EXHIBIT B �CCEL/�.. Building Speed November 25, 2003 Mr. Tom Hafeli City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 ACCELA SOFTWARE MAINTENANCE AND SUPPORT RENEWAL Agency: City of Temecula, CA Prepared by: Annette Guadagnin Accela Billing & Collections Analyst Tel: (925) 560-6577, ext 185 Fax: (925) 560-0061 Accela software maintenance and support periods are being standardized to be in effect from July 1 - June 30. The following quote for your Accela software maintenance and support services is for the period of: July 1, 2004 - June 30, 2005 rroauct Line: PERMITS Plus Permits Plus - Base Client Server WorkFlow Wireless Existing no. of Users 25 25 25 10 . Amount 8,833.00 3,630.00 2,664.00 10, 778.00 Total Maintenance and Support Fees $25,905.00 Business License 0.00 Sales Tax @ 7,75% 2,007.64 TOTAL QUOTE $27,912.64 This quote will change if additional user licenses or peripheral products are purchased after the date of this quote. An invoice will be sent to you 90 days in advance of the start of the maintenance and support period. The invoice must be paid before that date to avoid cancellation of your maintenance services. Please acknowledge receipt of this quote by signing below and returning it to my attention via fax, email, or mail. Should you have any questions, please don't hesitate to contact me. %►cliriowlel merit: „ :YP . } I acknowledge receipt of this quote and agree to renew items specified above except as noted below. Exceptions: 1% s Printed Name my maintenance and support agreement for the period and Corporate Headquarters: 4160 Dublin Boulevard, Suite 128, Dublin, CA 94568, Tel: 925 560 6577, Fax: 925 560 6570 ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FIP CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Grant Yates, Assistant to the City Manager DATE: June 22, 2004 SUBJECT: Request Support for State Funding to Support Additional Judicial Officers PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council adopt the following resolution RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE GOVERNOR APPROPRIATE FUNDING TO SUPPORT THE APPOINTMENT OF ADDITIONAL JUDICIAL OFFICERS FOR RIVERSIDE AND SAN BERNARDINO COUNTIES BACKGROUND: The County of Riverside is the fifth largest and the fastest growing County in the State of California with a population of 1,758,300; and San Bernardino County is the fourth largest with a population of 1,869,300, as estimated by the Department of Finance, State of California, as of February 11, 2004. This staggering increase in population has created a severe crisis in the court systems of Riverside and San Bernardino Counties. The total cases per judicial officer in the County of Riverside was 4,621 and 4,655 in San Bernardino County, which are more than 200% higher than the Statewide average (2,104), according to the Judicial Council of California. In addition, the cases that require the greatest amount of time are felony matters, and the County of Riverside had 15,412 felony filings, ranking fourth in the State of California, and the County of San Bernardino had 16,596 ranking second for Counties over 500,000, according to the Judicial Council of California, 2003 Court Statistics Report. According to the State Judicial Council, in a report dated October 26, 2001, Riverside County needs an additional 41 judicial positions to handle the County's incredible caseload. The lack of judicial officers in Riverside and San Bernardino Counties has an extremely negative impact on victims, witnesses, and the entire justice system in two of California's largest counties. It is the intent of this resolution that the City of Temecula and all other Riverside/San Bernardino cities and the Counties of Riverside and San Bernardino join together in their request to have the Governor of the State of California appropriate the funding necessary to appoint additional judicial officers to ease the severe crisis in the Riverside and San Bernardino court systems. FISCAL IMPACT: None at this time. Attachment: Resolution 04- RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE GOVERNOR APPROPRIATE FUNDING TO SUPPORT THE APPOINTMENT OF ADDITIONAL JUDICIAL OFFICERS FOR RIVERSIDE AND SAN BERNARDINO COUNTIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the County of Riverside is the fifth largest and the fastest growing County in the State of California with a population of 1,758,300; and San Bernardino County is the fourth largest with a population of 1,869,300, as estimated by the Department of Finance, State of California, as of February 11, 2004; and WHEREAS, this staggering increase in population has created a severe crisis in the court systems of Riverside and San Bernardino Counties; and WHEREAS, the total cases per judicial officer in the County of Riverside was 4,621 and 4,655 in San Bernardino County, which are more than 200% higher than the Statewide average (2,104), according to the Judicial Council of California; and WHEREAS, the cases that require the greatest amount of time are felony matters, and the County of Riverside had 15,412 felony filings, ranking fourth in the State of California, and the County of San Bernardino had 16,596 ranking second for Counties over 500,000, according to the Judicial Council of California, 2003 Court Statistics Report; and WHEREAS, according to the State Judicial Council, in a report dated October 26, 2001, Riverside County needs an additional 41 judicial positions to handle the County's incredible caseload; and WHEREAS, Riverside County's need is the third greatest in the State of California; and WHEREAS, according to that same Judicial Council report, San Bernardino County needs an additional 53 judicial positions, and its need is the single greatest in the State of California; and WHEREAS, the lack of judicial officers in Riverside and San Bernardino Counties has an extremely negative impact on victims, witnesses, and the entire justice system in two of California's largest counties; and WHEREAS, failure to act to relieve this pressure may cause the dismissal of criminal cases due to a lack of available judicial officers. NOW, THEREFORE, BE IT RESOLVED THAT the City of Temecula, California, that the Counties of Riverside and San Bernardinojoin together in their request to have the Governor of the State of California appropriate the funding necessary to appoint additional judicial officers to ease the severe crisis in the Riverside and San Bernardino court systems. Resos\99-88 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of June, 2004. Mike Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of June, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos\99-88 ITEM 10 APPROVAL CITY AT NEY� DIRECTORR OF FIN��A,,ff''��CE CITY MANAGER/ CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Grant Yates, Assistant to the City Manager DATE: June 22, 2004 SUBJECT: David Turch & Associates contract for Federal Legislative Services PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council approve a one year contract, with an option for an additional year, for Federal legislative services to be provided by David Turch & Associates in the amount of $36,000. BACKGROUND: David Turch & Associates have been providing Federal legislative lobbying services for the City since 1997. The City has been very satisfied with these services and staff is recommending that a new contract for services be approved for the upcoming fiscal year, with an option for an additional year of service. In the past, David Turch & Associates have provided great assistance in obtaining Federal funds for the City of Temecula. David Turch & Associates have assisted the City with lobbying efforts and have been instrumental in obtaining funding on the following projects: Overland Bridge Overcrossing (TEA 21) - $3,750,000 Pierce's Disease (House Appropriations FY 2001) - $ 2,000,000 Pierce's Disease (Agricultural Research Svcs) - $1,100,000 Murrieta Creek (Flood Control 1999) - $100,000 Bus Shelters (FY 2001) - $200,000 Pala Road Improvement Project (FY02/03) - $4,000,000 Murrieta Creek Flood Control Project (FY02/03) - $1,000,000 Old Town Joint Use Gymnasium (VA/HUD) - $162,000 The Transportation Equity Act for the 21 st Century (TEA 21), the six -year authorizing bill for major transportation projects, expired on September 30, 2003. Hearings on reauthorizing legislation have been on -going. Staff, in conjunction with David Turch and Associates, has submitted funding requests for two transportation projects to be included in the successor to TEA-21. Funding requests were submitted for French Valley Parkway/1-15 Overcrossing and Interchange and I-15/State Route 79 South Ultimate Interchange. Each of these funding requests were for $2,000,000. At this time, Congress is still deliberating on the total funding amount for this reauthorization bill. It is staffs recommendation that Council approve a one-year contract, with the option to renew for an additional year, with David Turch and Associates. Total costs for one year of service are $36,000. FISCAL IMPACT: Contract costs remain the same at $3,000 per month from last year. Appropriate funding has been budgeted in the amount of $36,000 in the FY 04-05 operating budget. Attachments: David Turch & Associates Contract David Turch & Associates Memo for Proposed Services CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES FEDERAL LOBBYIST SERVICES THIS AGREEMENT, is made and effective as of June 22, 2004, between the City of Temecula, a municipal corporation ("City"), and David Turch & Associates ("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, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. If the City is satisfied with consultants performance, then the contract can be extended on a year to year basis. 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 at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City shall pay a monthly fee for these services upon receipt of the signed agreement in the amount of $3,000.00/month. This amount shall not exceed Thirty six thousand dollars ($36,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Because this project will be billed at a fixed fee, rather than on an hourly basis, two invoices will be submitted in accordance to the specifications outlined in section 4a above. Undated 212/01 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the 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 4. 6. 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 orduty to continue compensating Consultant for anywork 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 Manageror 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 (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. 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 identi- fied 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, togetherwith supporting documents, shall be maintained fora 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 Undated 2/2/01 available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees 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 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. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract general liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees in an aggregate amount of not less than One Million Dollars ($1,000,000). City Manager shall verify the amount of coverage. 10. 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. 11. 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. 12. 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 Undated 2/2/01 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 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. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) 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. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: David Turch & Associates 517 2nd Street Northeast, Washington D.C. 20002 Attention: David Turch 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without priorwritten 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. 15. 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. 16. 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 Undated 2/2101 other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorneyfees and litigation expenses forthe relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula 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 has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prioror contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of 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. Undalnd 2/2/01 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Mike Naggar, Mayor Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT David Turch & Associates 517 2nd Street Northeast, Washington D.C. 20002 Name: Title: By: (Signatures of two corporate officers required for Corporations) Undated 2/2/01 EXHIBIT A TASKS TO BE PERFORMED SCOPE OF WORK Government Affairs -Legislative Advocacy Scope of Project City hereby engages the services of Consultant to advise, counsel and represent Temecula with, principally but not limited to, its affairs with the Legislative and Executive Branches of the Federal Government. Consultant hereby agrees to faithfully and to the best of its ability, promote and represent Temecula and its interests with, principally but not limited to, the advancement of federal legislative proposals, grants and funding sources for transportation, economic development and emergency preparedness which could have a substantial impact on Temecula or the conduct of its operations. It is further understood and expected, that from time to time, or on a continuing basis, other tasks, whether general or specific, may be requested and performed by the mutual consent of the parties. Adjustments to the compensation schedule, if any, for such other tasks shall be mutually agreed to by the parties on a case -by -case basis. Undntpd 2/2/01 1*7CII:31A PAYMENT RATES AND SCHEDULE The City shall pay a monthly fee for these services upon receipt of the signed agreement in the amount of $3,000.00/month. This amount shall not exceed Thirty six thousand dollars ($36,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Undated 2I2/01 David Jurch and Associates FROM: Marilyn Campbell DATE: June 15, 2004 RE: Renewal of Consulting Agreement Per our conversation regarding our consulting agreement with the City of Temecula, we wish to renew our contract effective July 1, 2004. Fees during the City's FY 2004-2005 budget cycle will remain at the current level of $3,000 per month. We anticipate that these rates may be adjusted at the beginning of the City's FY 2005-2006 budget cycle. It is a pleasure working with the City of Temecula and we look forward to a continued successful relationship. 517 2nd STREET, NORTHEAST, WASHINGTON, D.C. 20002 (202) 543- 3744 ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER Cyr CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Jim O'Grady, Assistant City Manager DATE: June 22, 2004 SUBJECT: State Lobbyist Contract PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council approve a one year contract, with an option to renew for an additional year, for State lobbying services with the Wilson Group, LLC in an annual amount of $42,000. BACKGROUND: On November 27, 2001, the CityCouncil approved a 7-month contractfor State lobbying services with the Wilson Group, LLC. It was since amended a second time for a one- year period ending June 30, 2004. At this time, based upon performance, it is the recommendation of staff that the Council approve a new contract for services with the Wilson Group. City Council and City Staff have met several times with Mr. Wilson and his staff in discussing State Policies and legislation that may adversely impact our community and has been very satisfied with their performance to date. In addition, the Wilson Group made significant efforts in preserving the City's interests and providing influence that ultimately led to the approval of an $8.5 million dollar grant application for the new City library construction. In addition, the Wilson group has been working diligently to preserve the interest of the City of Temecula regarding Indian Gaming revenue, SB 87 (Hollingsworth), energy/transmission line legislation, worker's compensation legislation, and business retention efforts. Costs for lobbying services will remain unchanged and in the amount of $3,500 per month. It is staff's recommendation that the Council approve a contract with the Wilson Group, LLC for one year, with an option to renew for an additional year, to allow them to remain committed to lobbying on the City's behalf. FISCAL IMPACT: Funds for the proposed contract are within the budgeted amounts for fiscal year 2004-2005. Attachments: 1. State Lobbyist Agreement R:WHLEYSVW R M%SuHRc n-WilwvG=p Cowin2",dm CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES CALIFORNIA STATE LOBBYIST SERVICES THIS AGREEMENT, is made and effective as of June 22, 2004, between the City of Temecula, a municipal corporation ("City"), and the Wilson Group, LLC ("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, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event laterthan June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. If the City is satisfied with consultant's performance, then the contract can be extended on a year to year basis. 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 at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City shall pay a monthly fee for these services upon receipt of the signed agreement in the amount of $3,500.00/month. This amount shall not exceed Forty two thousand dollars ($42,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Because this project will be billed at a fixed fee, rather than on an hourly basis, two invoices will be submitted in accordance to the specifications outlined in section 4a above. undated 212/01 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the 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 4. 6. 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 (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. 7. 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 identi- fied 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 otherdocuments 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 Undated 212/01 available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees 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 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. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract general liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees in an aggregate amount of not less than One Million Dollars ($1,000,000). City Manager shall verify the amount of coverage. 10. 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. 11. 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. 12. 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 Undated 2/2101 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 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. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) 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. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: The Wilson Group, LLC 1725 Capitol Avenue Sacramento, CA 95814 Attention: Bob Wilson 14. 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. 15. 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. 16. 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 Undated 2/2/01 other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula 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 has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prioror contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of 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. Undated 2/2/01 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Mike Naggar, Mayor Attest: Susan W. Jones, CIVIC City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Bob Wilson, The Wilson Group, LLC undated 212/01 EXHIBIT A TASKS TO BE PERFORMED SCOPE OF WORK Government Affairs -Legislative Advocacy Scope of Project The following is the general outline of the work plan that the City is expecting from the selected consultant: a. Develop strategies to successfully implement City's legislative program b. Maintain personal contacts with committee chairs, Members and legislative staff to anticipate legislation and to locate authors c. Establishing relations between City Councilmembers and City staff d. Represent the City of Temecula in meetings, or hearings with Senators or Assembly members, the Governor's Office, State agencies, boards, commissions and other legislative bodies, as well as testifying on behalf of the Temecula during any such meetings. e. Research and provide information to the City of Temecula on state laws or proposed legislation, legislative hearings, reports and testimony, state regulations/policies, funding opportunities for proposed projects and technical memoranda or reports impacting City operations and/or decisions f. Aggressively lobby on all issues directed by the City of Temecula, including proactively searching for potential legislative vehicles relating to these issues and affecting the outcome of these matters. g. Provide the City with copies of bills (as introduced or amended) or proposals pertaining to issues of concern/interest to Temecula, particularly those affecting or relating to the City's legislative program. In addition, consultant shall provide the City with an analyses and comments, along with all floor and committee analyses, of all relevant legislation. h. Track all of the City's legislation through policy and fiscal committees, on the floors of the Senate and Assembly, in conference committee (if any), past enrollment and onto the Governor's desk. i. Deliver letters as directed by the City to appropriate committees and members of the Legislature, as well as to executive departments and/or State officials. j. Draft appropriate bill text and/or identification of appropriate legislative or administrative vehicles (e.g. spot bills, budget/trailer bills, discretionary action at an agency level, etc.,) to carry out the City's legislative goals. k. Cooperate with the League of California Cities and The California Redevelopment Association in their legislative efforts including attending the regular "City Representative" briefings. I. Visit the City of Temecula a minimum of two times annually to meet with staff and City Council and at other times when necessary. m. Provide access to the website www.thewilsongrour).com for additional research and analyses n. File necessary reports for the City of Temecula with the State's Fair Political Practices Commission Undated 212/01 MOM95-HIP. PAYMENT RATES AND SCHEDULE The City shall pay a monthly fee for these services upon receipt of the signed agreement in the amount of $3,500.00/month. This amount shall not exceed Forty two thousand dollars ($42,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Undated 2/2/01 ITEM 12 HrrKUVAL CITY ATTORNEY DIRECTOR OF FIN E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony J. Elmo, Director of Building and Safety/ DATE: June 22, 2004 SUBJECT: Approval of Contract for Plan Review Services RECOMMENDATION: That the City Council approve: 1. An Agreement for Consultant Services with Esgil Corporation, to perform plan review, for the Building and Safety Department, for a term of three (3) years, to June 30, 2007. 2. An expenditure in an amount not to exceed two hundred thousand dollars ($200,000) annually over the term of this agreement plus a ten percent (10%) contingency. DISCUSSION: The Building and Safety Department has utilized the services of Esgil Corporation to provide plan check services for over ten (10) years. Their consistent exhibit of expertise, responsiveness and efficiency has proven to be an asset in supporting the City's commitment to customer service. In consideration of their dedication to the City and their high level of service consistency, staff has chosen to use Esgil Corporation as the sole plan check service provider. Esgil Corporation has been contacted and is agreeable and willing to take on this responsibility with the same service level expectations. FISCAL IMPACT: Adequate funds are currently available in the fiscal year 2004/05 budget in Account Number 001-162-999-5248 "Consulting Services" for this purpose. ATTACHMENT: Agreement - Esgil Corporation R:\ELMOA\ESGIL.DOC 1 6115104 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES PLAN CHECK SERVICES THIS AGREEMENT, is made and effective as of July 1, 2004, between the City of Temecula, a municipal corporation ("City") and Esgil Corporation, ("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 12004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2007, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, 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 at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. 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, in an amount not to exceed two -hundred thousand ($200,000) dollars annually for the three (3) year term of this Agreement. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. 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 Building Official. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Building Official and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty-five thousand dollars ($25,000). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. PWgreements\Consultant 00 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the 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 4. 6. 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 (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. 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 identi- fied 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 therefrom 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 MgreementslConsultant 00 software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees 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 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. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (City may waive if travel will not be required. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. MAgreements\Consultant 00 (4) Professional Liability coverage::) Two million ($2,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on PWgreements\Consultant 00 forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. 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. 11. 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. 12. 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 thereunder 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 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. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that PWgreements\Consultant 00 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. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 To Consultant: 43200 Business Park Drive Temecula, California 92590 Attention: City Clerk Esgil Corporation 9320 Chesapeak Dr.#208 San Diego, CA 92123 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without prior written consent of the City. Because of the nature of the services to be rendered pursuant to this Agreement, only Esgil Corporation shall perform the services described in this Agreement. Esgil Corporation may use assistants, under their direct supervision, to perform some of the services under this Agreement. 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. 15. 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. 16. 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 judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office 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 P\Agreements\Consultant 00 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. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CIVIC City Clerk RAgreements\Consultant 00 Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Esgil Corporation Name: By: Richard Esgate Title: By:, Name: Title: (Signatures of two corporate officers required for Corporations) PWgreemenls\Consultant 00 EXHIBIT A TASKS TO BE PERFORMED PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted codes as follows: - Completion by consultant of a comprehensive building fee mock-up designed by the City of Temecula - Requirements based upon type of occupancy: - Requirements based upon type of construction: - Engineering regulations including seismic loads: - Detailed regulations of construction: Fire resistive standards for fire protection: Fire and life safety requirements: Accessibility to the physically handicapped: National Electrical Code requirements Uniform Mechanical Code Requirements State Title 24 energy conservation compliance City amendments to the uniform codes MAgreements\Consultant 00 EXHIBIT B GIL CORP(1j�70N PLAN REVIEW SFR corns >B TEMF r< s TYPE OF 12EvrcW % OF TEMECULA ADO_ PIED PERMIT FEE I. Full plan review for compliance with the following 52%° regulations as applicable: - U.B.C., U.P.C., U.M.C., N.E.C. - local code amendments Disabled Access - Energy Conservation (Includes all rechecks) II. Structural only plan review for compliance with U.B.C. 39.S% (Includes all rechecks) III. Plan review of major plan revisions initiated by designer hour] when after completion of plan review. y (This does not include revisions required to comply with authorized by our. deficiency list) jurisdiction at our preferred rate. IV. Subdivision model homes including all options and Elevations. (City checking the repetitives). 75%surcharge ' added to , above for each Note: The single fee in I, 11, & IV include: model. 1. Preliminary consultation by phone, fax, mail or meeting in Esgil's office. 2. 'Typed lists of code deficiencies provided to the designer and jurisdiction for all initial reviews and rechecks. 3.. All required rechecks of corrections. .: 4: All liaison with Building Official on discretionary itemsand appeals. 5.. Telephone recheck conference.or in person *heck conferences with all plan review engineer disciplines. 0 1 ado, ITEM 13 APPROVAL CITY ATTORNEY DIRECTOR OF FIN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony J. Elmo, Chief Building Official DATE: June 22, 2004 SUBJECT: Approval of Funds for Plan Review Services RECOMMENDATION: That the City Council: Approve a First Amendment to Esgil Corporation for Plan Check Services with Esgil Corporation. 2. Approve an expenditure in an additional amount not to exceed $15,800 for Plan Check Services with Esgil Corporation, to complete fiscal year 2003/04. For a total Contract amount of $115,800. DISCUSSION: To maintain a high level of plan check service the City's customers have come to expect, staff has found it necessary to increase the number of plan check submittals sent to Esgil Corporation. Subsequently, the Professional Services Contract amount has been exceeded. This amendment will provide the additional funds to compensate Esgil Corporation for this additional plan check work. FISCAL IMPACT: Adequate funds are available in Account Number 001-162-999-5248, "Consulting Services". R:IBROCKMEI\AGENDAIFIRST AMENDMENT ESGI 03-04.DOC 1 6116104 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ESGIL CORPORATION THIS FIRST AMENDMENT is made and entered into as of June 22, 2004 by and between the City of Temecula, a municipal corporation ("City" and Esgil Corporation (A Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: a. On July 1, 2001 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Plan Review Services" ("Agreement") in the amount of one hundred thousand $100,000.00. b. The parties now desire to increase the payment for services in the amount of fifteen thousand eight hundred dollars $15,800.00 and amend the Agreement as set forth in this Amendment. 2. Section 4a. PAYMENT of the Agreement is hereby amended to read as follows: "The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporate herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This First Amendment amount shall not exceed fifteen thousand eight hundred dollars and no cents ($115,800) for a total contract amount of one hundred fifteen thousand eight hundred dollars and no cents ($115,800)." 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:IBROCKMEIL4GMTSIFIRSTAMENDMENT- ESGIL 6-2M4DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: IM Peter M. Thorson, City Attorney CONSULTANT NAME: Richard Esgate, President 1-ya NAME: Sandra A. Brenner, Executive Vice President R. IBROCKMEFAGM7SIFIRSTAMENDMENT-ESGIL 6-1I-04.DOC ITEM 14 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony J. Elmo, Director of Building and Safety DATE: June 22, 2004 SUBJECT: Revision to Adopted User Fee Schedule RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE SCHEDULE OF CITYWIDE FEES FOR LAND USE AND RELATED FUNCTIONS BACKGROUND: On May 25, 2004, the City Council approved Resolution No. 04-56 adopting User Fees utilizing a Nexus methodology prepared by Maximus, Inc. During review of Building and Safety related schedules, staff has determined that a multiplier used in the calculation of fees for "B" type occupancies is incorrect. As a result, the fees associated with this occupancy category were too high by upwards of forty percent (40%), compared with the actual costs associated with providing plan check and inspection services for our developers. State law does not permit agencies to charge fees that are higher than the actual costs of providing services. In addition, the Planning Department has identified a need to create a reduced fee for Minor Exceptions for an individual residence or custom home. The current 100% fee for a Minor Exception is $422. While this fee is accurate in most situations, staff feels that a reduced fee for individual residents would be appropriate. To create this reduced fee for the individual homeowners, the Planning Department is recommending that a reduced 25% fee be adopted for an individual homeowner. This would mean that the cost for a Minor Exception for individual homeowners would be $105. Based upon these findings, staff is making the following recommendations: 1. That a correction be made, at this time, to only the B type, non -repetitive, occupancy fee schedule to adequately reflect the actual cost of providing plan check and inspection services. 2. That a correction be made, at this time, to only the Minor Exception fee to reflect a subsidy for local homeowners. R:WgendasW4 Agendasl$Uff Report - User Fees Amanded.doo 3. Adopt Resolution No. 04- amending the schedule of citywide fees for land use and related functions with attached exhibit. If approved by Council, the revised fees will be effective Julyi , 2004. This is the same time that the overall user fee schedule will take effect. FISCAL IMPACT: The actual cost to provide these services will be fully recovered at these revised rates. ATTACHMENTS: Resolution No. 04-56 Appendix 1 Page 1 of 18 Resolution No. 04-56 Appendix 3 Page 3 of 4 Resolution No. 04- RM9WdasN4 Agendas\Stafl Report - User Fees kwded.doo RESOLUTION NO. 04-56 0M City of Temecula - Building Fee Analysis Building and Safety Department Consolidated Schedule of New Construction Fees (All Construction Types) Construction Types: I Fit, B Fit Construction Types: 91-NR, 01141R, V 1-NR Construction Types: II N, IB N, IV, VN UBC Class UBC Occupancy Type Project Size Threshold One Cost Threshold She Cost for Each Additional 100 s.f.' Base Cost @Threshold Size CostforEach Additional 100 s.t' Base Cost @Threshold Size Cost for Each Additional 100s.V A-1 Theater $0 $106.66 $0 $88.89 n.a. n.a. A-2 Restaurant 10,000 $10.666 S28.61 $8.889 $23.64 n.a. n.a. 25,000 $14.958 $21.94 $12,465 $18.28 n.a. n.a. 50,000 $20,444 $5.57 $17,036 $4.64 n.a. n.a. 100,000 $23,228 $2323 $19,357 $19.36 n.a. n.a. A-1 Theater SO $77.00 $0 $64.16 n.a. n.a. A-2 Restaurant 10,000 $7,700 $20.90 $6,416 $17.41 ns. n.a. Tenant Improvements 25,000 $10,834 $16.15 $9,029 $13.45 n.a. n.a. 50,000 $14,871 $4.08 $12,392 $3.40 n.a. n.a. 100,000 $16,909 $16.91 $14,091 $14.09 n.a. n.a. A3 Auditorium $0 $294.65 $0 $245.54 $0 $196.43 Church 5,000 $14,733 $77.94 $12,277 $64.95 $9.822 $51.96 Restaurant 12,600 $20,578 $5921 $17,148 $49.34 $13.719 $39.47 25,000 $27,979 $15.12 $23,316 $12.60 $18,653 $10.08 50,000 $31,760 $63.52 $26.467 $52.93 $21.174 S42.35 A3 Auditorium $e $233.90 $0 $194.91 $0 $155.93 Church 5,000 $11,695 $62.04 $9.746 $51.70 $7,797 $41.36 Restaurant 12,500 $16,348 $4721 $13,623 $39.34 $10,898 $31.47 Tenant Improvements 25,000 $22.249 $12.05 $18,541 $10.04 $14,833 $8.03 50,000 $25.260 $50.52 $21,050 $42.10 $16.840 $33.68 B A6'B'Occupancles - $0 $236.94 $0 $197.45 $0 $157.96 (non -repetitive) 5,000 $11,847 $6622. $9,872 $55.18 $7.898 $44.15 12500 $16,813 $52.13 $14.011 $43.44 $11,209 $34.75 [Please complete a6 rows- 25,000 $23,329 $13.00 $19,441 $10.83 $15,563 $8.67 This section also used for scaling] 50,000 $26,579 $53.16 $22,149 $44.30 $17,720 $35.44 B AII'B'Occupancies $0 $157.96 $0 $131.63 $0 $105.30 Tenant Improvements 2.500 $3.949 $89.91 $3,291 $74.93 $2,633 $59.94 6,250 $7,321 $46.90 $6,101 $39.08 $4,860 $31.27 12500 $10,252 $32M $8.543 $27.14 $6.835 321.71 25.000 $14,322 $5729 $11,935 $47.74 $9.548 $38.19 E-1 [see UBC class des nation] $0 $21263 $0 $177.20 $0 $141.76 E-2 2,000 $4.253 $63.70 $3,544 $53.08 $2,835 $42.46 5,000 $6.164 $5222 $5,136 $43.61 $4,109 $34.81 10,000 $8,774 $12.68 57,312 510.57 $5,850 $8.45 20,000 $10,042 $5021 $8,368 $41.84 KOM $33A %Plan Check % Inspection 46% 54% 48% 52% 43% 57% 43% 57% 55% 45% 36% 64% 69% 31% Adopted by Resolution No. 04-56 on May 25, 2004. To be superceded by resolution attached and become effective July 1, 2004. MAXIMUS, Inc. Appendix 1 - Page 1 of 18 / y 1AX"US RESOLUTION NO. 04-56 B CK, of Temecula USER FEE STUDY FEE RECOMMENDATION SUMMARY 1"�L%rv:r,+�z3243Y=�aaseusw.s�asnawwawrw.�...+,.�...�...o.,....:�...._„•.,�.n.�....-.—. _�....__ ` } 3'RECO6MENOSOFEES' l�f1r`).�iL�.REVEfI(IE'SMPXCI$'�25&Y:l RP., PoRflona RI&NIIy Uning Annual Aeenue Recommended (of hll Surpiu, I U,Aus RevenuPutenue Revenue eM1 Revenue el Revenue Fee Fee Service Name I Descd on Cumenl Fee Fee ema Subeid Rec.Fee CUReld Fee Reed Fee 1 GPA-TXT1MAP NOT LSTO $ 41M S 0,725 100% S - S 41725 S 4168 f SST 2 AMDMNT-ZNINGS WDMP S 88)4 S 3.T)B 100% $ S 18,889 S 34,3]0 $ 15481 3 AMDMNT-ZNING OR LUMP f 2,746 S 2,556 100% f $ 5 ill $ 5,4W S 3B1 4 AMDMNT TO CITY S 2,146 $ 4010 100% $ $ 4010 $ 2,746 S 1,281 5 SPECIFIC PLAWNEW f 21,532 f SO W6 100% S - E 38.906 $ 21,532 f 17374 6 SPEC PIN AMDMM MJR 3 2746 $ 192W 10p% S - S 19,230 S 2.746 S 1540I 7 SPEC PW AMDMNT MNR S 2746 S 7,4M 100% S - S 7.438 S $746 S 4692 8 CUP f 532 S 2.Mi tOD% f - S M.107 S ],980 E 2B.7T7 Sa CUP w0EV PLAN f 532 $ 7M 30% S 1713 $ 11 D12 $ 7,980 $ 3032 9 LARGE FAM DY CR PRMT S 435 3 1296 100% S - f 2,5W S 872 $ 17W 12 DEV PW-NEW>IDW$I 6 3815 $ 6.679 ID0% S - S 20,036 S 11445 f 8,591 13 DEV PLWNEW 1410DK S 3,615 S 6.099 100if S E B4,M8 S 53.410 S 31,278 14 DEVPW-NEWOWSf f 140 S 4.2% 100% $ - $ 21282 S ]415 $ 13861 15 MMOR MODIFIOAITON 3 - S 3,633 1D0% S S 18.167 $ S 18.167 16 MINORMOD-APPRVD PPJ $ $ 1,786 10D% S - $ W15 S - $ 35.715 17 MINOR MOD-PW DEP RV f 176 S 195 25% S 406 S 1,743 5-1 iW $ 406 18 VARIANCE f 1176 476 743 $ 2an t:. 1D0% E S 2743 S 1.06 3 1,737 19 MINOR EXLEPTION f 5 --. - 1D0% f S 1 f 528 4400 E 737 f (2067 20 T.U.P. MINOR S 1)6 $ - 61 :1D0% $ S 1.533 S 21 T.U.P. MAIOR S 176 S n T.U.P. MAJOR-NONPFT S t)6 E 267 20% S 10]0 S 26T S 176 S 91 23 T.U.P. MINOR -NON PFT f 15 E' -' M - 20% S 235 S 588 S 1W $ 438 24 SIGN PROGRAM S 96 $ -.- 21W 100% S f 6.301 E 528 S 0.114 25 TEMP SIGN PERMIT $ 20 $ 21 ' 100% S S 2058 S 2,DD0 $ 58 26 RSDNTL PRDCT RVW $ 176 S. - '. 8,405 100% S S 126,079 $ 2,640 3 123439 27 SECONDUNITPERMIT S I S. 2W :110 $ S M9 E $ 689 28 VENDORS PERMIT S - S- - 40- 63% S % $ 40 $ - S 40 29 TIMEEXTWIOPH $ 352 S '2M 100% S $ TIM S 10M $ 262 W TIME EXi W/PH $ 352 i 091 100% S - $ 2672 S lam S 1.616 31 APPEAL S 325 3 : 325 18% $ 1.513 3 1625 $ 1,625 f - 32 ZONING PING LETTER S 18 i - N 191: f 88 $ 220 S 198 f 22 n DEV. AGREEMENT S 4.OW IS 28.6M : ". 100% E $ 57,735 S ODD $ 49.335 34 MNEXXTKM AGRMNT S 4DD0 Y >.2d643100% S $ 24,643 $ 4,O0) $ 2D,843 35 SUBSTNL CNFRMNOE S.P S 1319 S416 :,.". 100% 'W1 f $ 2446 $ 1319 S I.Ir f 140 36 W 10U% $ 14,077 f 37 DCDN RW HP S 189 20% $ /499 $ 749 S 378 E 371 30 MASSAGEEST.PERMIT S 500 3' '_ 129 i 100% S $ 4723 E 55W S 777 39 TENT TRCT MP&M LT S 4,597 S''. - 6132--'.4W% S S 6,132 $ 4,597 S I= 40 TENT TRCT MP 3S75LT S 7627 3 <; 6,530 100% $ E 19523 $ M,WI S 3,358 41 TNT TROT MP I-'- S 13,339 $':- 7.497 '.' 100% S S 14,%X f 26.675 11,684 42 TNTTRCTMP>1MLT5 E 2g157 $- >. 8,150 h.'"100% S S 8.158 $ 20,157 E 11.899 43 RVSDTNTTKUI MAP S 1Q756 S ''3417 U0 $ S 17086 E 537W S 05694 44 VST TINT TRCT SJ4 LT S 6478 E - 7.735. ••.--100% S S 7735 S 6.478 $ 1,26i 45 VSTTNTTRCT 3S75 S 8578 3`- 0,009. .:.= 10OA S - E 8,009 S 95)e $ 1,M9 46 VST TM TROT 76165 $ 15.422 $.• 8,&5'-- '100% $ - $ 8,B45 E 15AU $ 6.57] di VSTTNTTRCT>19LT E 22.3N $' 9,349 100% $ - $ 9.349 $ 3M S 03,13491 48 RVSD VSTTHTTRCTMP f —756 S51M 1DD% f S 10252 $ 21512 $ 11,200 49 PARCEL MAFRbUN I L $ 1,573 $` - 1.726 100% S - S 1.726 $ 1,573 $ 153 W PARCEL MAP-COMM. f 3,2W 5-.-.� -- 2,710 tOD% E S 8,340 f 9,780 S 1,432 51 REVISED PARCEL MAP E 814 S- 793 1DYn S f 793 f 814 $ 21 52 CONDO MAP S t1,369 S 7,437. t00Y. S S 7.437 f 11,369 S 3,9W 53 COMM.INTRSTDEVCNV $ - S "3,435 - 100% $ - 3 3435 f - f 3.435 54 MNRCHGd RVD TNTMP 470 S%''`"' Wt -'. 100% S �:.+IM $ 1W1 S 470 $ 531 55 TRES PRCL WWMN M S 1678 E:: `' 145K S $ 1457 $ 1576 S 219 M TNT CM PCL MP WAIN $ 1676 :-1W1 •-100%f S 1M" S 1575 S 225 TT PHSNG PLN-TENT MAP S 10T S (.1201 `. 100% $ S 4,803 S 740 $ 4,055 5B MERGER-CMGUWS FIRM E 500 S.: - 854 "' :-. 100% S 3 6830 f 4000 S 21830 59 LOT LINEADNSTMEM $ 230 _ f•'. 18 1D0% f S 47M f 34W 3 1316 W CERT-LND ON. DAMFW S 35fi Sb;a 2,�_.'.618",.-rlODX It S 2,OM S 1424 S 639 61 REVERSION TO ACREAGE $ 392 S r--456 ' 100% S - S 456 S 392 S 1.310 f 64 $ 6363 62 TIME EXT4aY18V5N 0RD S 2M f ...:1 l '... =:100% S 7703 f 8"a 3T7] S 4.BT1 63 ADLT BUS.ORD L.D.P, $ 3n] S'ib:..,.=8818--.,:�--:1100% 64 f $ 81 69 ADLT BUS ORD EMP Fee S 3 "66--'10D%S $ 122 M AIR T BUS ORD OWNER S -122 -'1W% $ E in $ M M RECORDS RESEARCH E 27 f ' ' �'--:113 . +. 100% S $ 113 $ 27 S 1 67 AHNEXATIONMETACHMNT f ]10 S i 933 1D0% S E 17933 f 710 $ ENVRMNTLDTRMINATION f ._-'.217 ' .,100% f ": S 11482 f S 2.672 S 11482 f 12105 M DEC S MB 6M i' `:9694. 100% f:-,.4,BM 100X 3 11.T>7 i 29,t]9 f 4008 S tlt ATED NEG DEC f S 212 s; S' - 735='�.' 100% S S 735 S 6 E n533 CNTM UD ILIA W,872 S S W.872 MNGDEJ.R "�MT� 3 f-' >110�.. 100% S 110 S S 110 REDUOTi S - f"' :-='7M. L. '. 100% S 3 7M S -G OF OONVNLMECST S " 4W s700% S 2dW S 5400 S 2 TEM PMCEL MP 2746 S 672 '�fW%f E M.672 3 Z746 f 19M DEV.OVERIAY ?-'.4D E S 40 i $ 40 BLC PRKS CA ACRE f ,•>/100% Adopted by Resolution No. 04-56 on May 25, 2004. To be superceded by resolution attached and become effective July 1, 2004. RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE SCHEDULE OF CITYWIDE FEES FOR LAND USE AND RELATED FUNCTIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares that: a. The City Council of the City of Temecula adopted Resolution No. 04-56 approving the Consolidated Schedule of Fees for Land Use and Related Functions on May 25, 2004. b. Prior to adoption of the fees, the City Council approved a contract with Maximus, Inc. to conduct a detailed cost of services study of user fee activities throughout the city. The Maximus study determined the full cost of providing services and provides the City with a true representation of what it costs to provide services to the public and create a fair and equitable basis to determine the rate of recovery/subsidy. C. The State of California Government Code Section 66014 et.al. allows local agencies to charge fees for various activities as long as those fees do not exceed the estimated reasonable cost of providing the service for which the fee is intended. d. The study also addressed a change in methodology for charging Building and Safety and Fire fees. e. Following the approval of the Building and Safety fees, the Building and Safety Department determined that one item on the fee schedule, described in Section 2 of this Resolution, was mistakenly listed at an amount higher than intended. Section 2. The City Council hereby amends the Schedule of Fees for Land Use and Related Functions, adopted by Resolution No. 04-56 by deleting the item listed as "All 'B' Occupancies Non Repetitive" on page 1 of 18 of Appendix 1, and substitutes in its place an item which reads as follows: "All 'B' Occupancies Non Repetitive" as revised on June 14, 2004, as set forth on Exhibit "A" attached to this resolution and incorporated herein by this reference. The revised item does not exceed the estimated reasonable cost of performing the service as determined by the fee study. Section 3. The City Council hereby amends the Schedule of Fees for Land Use and Related Functions, adopted by Resolution No. 04-56, by reducing the fee for Minor Exceptions for individual homeowner residences to the amount of $105.00. The revised item does not exceed the estimated reasonable cost of performing the service as determined by the fee study. Section 4. Except as provided above, all other fees in the Schedule of Fees for Land Use and Related Functions shall remain the same. R:/Resos 2004/Resos 04- 1 PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22n0 day of June, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of June, 2004 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2004/Resos 04- EXHIBIT "A" BUILDING AND SAFETY DEPARTMENT RECOMMENDED FEES CONSTRUCTION TYPE: CONSTRUCTION TYPE: CONSTRUCTION TYPE: I FR. II FR II 1-HR III 1-HR V 1-HR II N III N, IV V N UBC CLASS PROJECT BASE COST COST FOR BASE COST @ COST FOR BASE COST FOR 100 SIZE @ SIZE 100 S.F. SIZE 100 S.F. COST S.F. SIZE B - $0 $133.66 $0 $111.38 $0 $89.10 NON - REPETITIVE - 5,000 $6,683 $37.18 $5,569 $30.99 $4,455 $24.79 - 12,500 $9,472 $29.19 $7,893 $24.32 $6,314 $19.46 - 25,000 $13.120 $7.29 $10,933 $6.08 $8,747 $4.86 - 50,000 $14,943 $29.89 $12,453 $24.91 $9,962 .19.92 PLANNING DEPARTMENT Minor Exception — Individual Homeowner Recommended Recovery: 25% of full Minor Exception, $422 Recommended Fee: $105 R:IHAROLD\CHRONOLOGICAL LETTER FILE\REVISION TO ADOPTED FEES.DOC 3 6117104 ITEM 15 APPROVAL CITY ATTORNEY �(� DIRECTOR E FINANCE' CITY MANAGER /�j `— CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: r A William G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Bus Bench Upgrades/Shelters — Memorandum of Understanding with Riverside Transit Agency (RTA) PREPARED BY: Julie Dauer, CIP Specialist RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TEMECULA AND RIVERSIDE TRANSIT AGENCY FOR GRANT FUNDS SUPPORTING THE INSTALLATION OF BUS SHELTERS AT VARIOUS LOCATIONS WITHIN THE CITY OF TEMECULA 2. Authorize the Mayor to execute the Memorandum of Understanding between the City of Temecula and Riverside Transit Agency. 3. Authorize Project Management to be under the direction of the Director of Public Works/City Engineer for all technical and administrative matters necessary to implement and complete this project. BACKGROUND: The Federal Transit Administration (FTA) provides financial assistance to public bodies and agencies to support and assist in bus and bus -related capital projects to benefit the country's transit systems. The federal appropriation is funded under Capital Investment Grants and Riverside Transit Agency (RTA) is the designated recipient of these grant funds for the acquisition of bus shelters in the County of Riverside. RTA has received authorization from the FTA that these grant funds may be utilized in the City of Temecula. RTA will be working in conjunction with the City of Temecula and the City will act as lead agency. The City will be responsible for the administration of the project and will be required to comply with all federal operational requirements. RAGENDA REPORTS\20041062204\Bus Shelter MOU-ResoAgenda.doc 1 FISCAL IMPACT: The Bus Bench Upgrades/Shelters is programmed in the new Fiscal Years 2005-2009 Capital Improvement Program. The grant program will provide up to a total of $198,063 with a 20% local match of $50,000. Sufficient funds are budgeted within the FY2005- 09 Capital Improvement Program in Capital Project Reserves for this project. ATTACHMENTS: 1. Resolution No. 2004- RAAGENDA REPORTS\2004\06220MBus Shelter MOU-ResoAgenda.dm 2 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TEMECULA AND RIVERSIDE TRANSIT AGENCY FOR GRANT FUNDS SUPPORTING THE INSTALLATION OF BUS SHELTERS AT VARIOUS LOCATIONS WITHIN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the U.S. Department of Transportation, Federal Transit Administration appropriate funding under Capital Investment Grants to public bodies and agencies to support and assist in bus and bus -related capital projects to benefit the country's transit systems; and WHEREAS, the Riverside Transit Agency has received authorization from the Federal Transit Administration that the subject funding be utilized in the City of Temecula for the acquisition of bus shelters; WHEREAS, the City of Temecula will act as the lead agency and adhere to all federal operational requirements necessary for the administration of this project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula as follows: Section 1. Authorizes the execution of a Memorandum of Understanding between the City of Temecula and Riverside Transit Agency; Section 2. Authorizes the Project Management to be under the direction of the Director of Public Works/City Engineer; PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22"d day of June, 2004. ATTEST: Susan W. Jones, CMC, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) Michael S. Naggar, Mayor RAAGENDA REPORTS\2004\062204\Bus Shelter MOU-ResoAgenda.doc 3 CITY OF TEMECULA I, Susan W. Jones, CIVIC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of June, 2004, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CIVIC City Clerk RAAGENDA REPORTS\2004\062204\Bus Shelter MOU-ResoAgenda.doc 4 1 2 3 4 5 6 7 fi 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE TRANSIT AGENCY AND CITY OF TEMECULA THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this 22nd day of June , 2004, by and between the RIVERSIDE TRANSIT AGENCY, located at 1825 Third Street, Riverside, CA 92507 (hereinafter referred to as "RTA") and the CITY OF TEMECULA, located at 43200 Business Park Drive, Temecula, CA 92590 (hereinafter referred to as "CITY"). WITNESSETH: WHEREAS, RTA is the designated recipient of certain grant funding from the Federal Transit Administration (FTA) for the acquisition of 15 bus shelters in the Comity of Riverside; and WHEREAS, RTA has received authorization from the FTA that subject funding may be utilized in the City of Temecula; and WHEREAS, RTA will be working in conjunction with the CITY in this project; and WHEREAS, CITY will act as the lead agency; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1 1. TERM OF AGREEMENT 2 This Agreement shall become effective upon the above noted date and shall remain in full 3 force and effect until terminated by either party giving thirty (30) days written notice to the other 4 party. 6 2. FEDERAL, STATE AND LOCAL LAWS 7 CITY warrants that in the performance of this Agreement, it shall comply with all applicable 8 federal, state and local laws, statutes and ordinances, and all lawful orders, rules and regulations 9 promulgated thereunder. CITY further warrants it will comply with all the standard terns and 10 conditions governing the administration of a project supported with Federal assistance awarded 11 by the FTA through a Grant Agreement or Cooperative Agreement with the Recipient (RTA). 12 13 3. AUDIT AND INSPECTION OF RECORDS 14 After receipt of reasonable notice and during the regular business hours of CITY, CITY shall 15 provide RTA or other agents of RTA, such access to CITY's books, records, payroll documents, 16 and facilities as RTA deems reasonably necessary to examine, audit and inspect all accounting 17 books, records, work data, documents and activities directly related hereto. CITY shall maintain 18 such books, records, data and documents in accordance with generally accepted accounting 19 principles and shall clearly identify and make such items readily accessible to such parties during 20 CITY's performance hereunder and for a period of four (4) years from the date of final payment 21 by RTA hereunder. 22 23 4. INDEMNIFICATION 24 Both parties agree to indemnify, defend and hold harmless the other party, its officers, 25 directors, employees and agents from and against any and all claims (including attorneys' fees 26 and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, 27 including death, damage to or loss of use of property caused by the negligent acts, omissions or 28 willful misconduct by the other party, its officers, directors, employees, agents, subcontractors or 29 suppliers in connection with or arising out of the performance of this Agreement. 30 31 32 1 5. REIMBURSEMENT PROVISIONS 2 CITY shall be reimbursed on a monthly basis by RTA for eligible project costs within thirty 3 (30) days of receipt of an approved invoice. Under no circumstances shall invoices be submitted 4 for payment prior to the completion of work covered under the invoice. If requested, CITY 5 agrees to provide RTA satisfactory evidence in the form of back-up documentation that 6 expenditures are for work covered under this MOU. 7 8 6. MAXIMUM PROJECT COMMITMENT 9 Notwithstanding any provisions of this MOU to the contrary, CITY and RTA mutually agree 10 that RTA's maximum project commitment hereunder shall be One -Hundred Thousand Ninety - II Eight and Sixty -Three Dollars ($198,063). This amount represents monies provided to RTA by 12 the FTA under FTA Grant No. CA-03-0579. Any required local match shall be provided solely 13 by the CITY. 14 15 7. EQUAL EMPLOYMENT OPPORTUNITY 16 In connection with its performance under this MOU, CITY shall not discriminate against any 17 employee or applicant for employment because of race, color, creed, sex, age, religion, marital 18 status, national origin or ancestry, physical or mental disability, medical condition, sexual 19 orientation, or any other consideration made unlawful by federal, state or local laws. CITY shall 20 take affirmative action to ensure that applicants are employed, and that employees are treated 21 during their employment, without regard to their race, color, creed, sex, age, religion, marital 22 status, national origin or ancestry, physical or mental disability, medical condition, sexual 23 orientation, or any other consideration made unlawful by federal, state or local laws. Such 24 actions shall include, but not be limited to, the following: employment, upgrading, demotion or 25 transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms 26 of compensation; and selection for training, including apprenticeship. 27 28 S. APPROVAL, AUTHORIZATION & CONCURRENCE 29 Unless clearly stated otherwise, RTA shall be permitted to review and approve all 30 documentation relating to the project. This includes, but is not limited to, solicitation 31 documentation, project specifications, vendor submittals, proposals, etc. CITY shall make every 3 I effort to provide subject documentation in a timely manner so that RTA can review and provide 2 comments, if any. RTA's approval shall not be unreasonably withheld. 3 4 9. DISADVANTAGED BUSINESS ENTERPRISES 5 In connection with its performance under this Agreement, CITY agrees to cooperate with 6 AGENCY in meeting AGENCY's 11.3% participation goal with regard to the maximum 7 utilization of Disadvantaged Business Enterprise (DBEs). CITY will use its best efforts to 8 ensure that DBEs shall have an equitable opportunity to compete for contract work under this 9 Agreement and shall carry out all applicable requirements under 49 CFR part 26. 10 11 10. PROJECT MANAGEMENT 12 All work will be under the direction of CITY's Director of Public Works/City Engineer. No 13 substitution may be made for CITY's Director of Public Works/City Engineer without the prior 14 written concurrence of RTA, which concurrence shall not be unreasonably withheld. 15 16 CITY's contact for technical matters relating to the services provided hereunder is: 17 Amer Attar -Principal Engineer, Capital Projects 18 Laura Bragg -Assistant Engineer, Capital Projects 19 43200 Business Park Drive, Temecula, CA 92590 20 Phone #(909)694-6411/Fax #(909)694-6475 21 Amer.Attarna cityoftemecula.orQ / Laura. Braggna,citvoftemecuIa. oru 22 23 CITY's contact for administrative matters relating to the work hereunder is: 24 Julie Dauer-CIP Specialist, Department of Public Works 25 43200 Business Park Drive, Temecula, CA 92590 26 Phone #(909) 694-6411 / Fax #(909)694-6475 27 Julie.Dauer@citvoftemecula.org 28 29 CITY agrees to permit RTA's representatives to confer as necessary with CITY's Director of 30 Public Works/City Engineer. It is understood and agreed that RTA's representatives have no 31 authority to supervise, direct or control the work performed hereunder. 32 33 34 4 1 11. NOTIFICATION 2 All correspondence is to be sent to the following addresses 3 Riverside Transit Agency City of Temecula 4 1825 Third Street 43200 Business Park Drive 5 P.O. Box 59968 Temecula, CA 92590 6 Riverside, CA 92517 Attn: Julie Dauer-CIP Specialist, Department of Public 7 Attn: Vince Rouzaud Works 8 (909)565-5180 (909)694-6411 9 12. CHANGES 10 Any modifications to this MOU shall be made in writing and must be signed by the 11 authorized representatives of both parties. 12 13 13, ENTIRE AGREEMENT 14 This MOU constitutes the entire understanding of the parties with respect to the subject 15 matter hereof, and there are no other representations, promises, warranties, covenants or 16 undertakings with respect thereto. 17 18 IN WITNESS WHEREOF, the parties have caused this Memorandum of 19 Understanding to be executed by their respective officers, duly authorized. 20 21 RIVERSIDE TRANSIT AGENCY 22 23 24 By: 25 Larry Rubio 26 Chief Executive Officer 27 28 APPROVED AS TO FORM: 29 By 30 Kennard R. Smart, Jr. 31 General Counsel 32 33 34 35 36 37 CITY OF TEMECULA By: Michael S. Naggar Mayor APPROVED AS TO FORM: By: Peter M. Thorson City Attorney ATTEST: By: Susan W. Jones, City Clerk, CMC 5 ITEM 16 APPROVAL CITY ATTORNEY DIRECTOR OF FINAI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: I�4 0illiam G. Hughes, Director of Public Works/City Engineer DATE: l((ll///// June 22, 2004 SUBJECT: Professional Services Agreements for Real Estate Appraisal Services for Various Capital Improvement Projects for FY 2004-2006 PREPARED BY: Amer Attar, Principal Engineer— Capital Projects Laura Bragg, Project Engineer — Capital Projects RECOMMENDATION: That the City Council: Approve an agreement with Robert Shea Perdue Real Estate Appraisal in the amount of $60,000.00 to provide as needed real estate appraisal services; and 2. Approve an agreement with Mason & Mason Real Estate Appraisers & Consultants in the amount of $60,000.00 to provide as needed real estate appraisal services; and 3. Authorize the Mayor to execute the agreements. BACKGROUND: There are various projects described in the approved Capital Improvement Program for Fiscal Years 2005 to 2009 that will require real estate appraisal services. The attached agreements are for two separate one year agreements to provide as needed services and these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up through out the year. A Request for Proposals was sent out on April 19, 2004 and responses were received on May 11, 2004. Of the two firms that responded both firms have been selected for an annual agreement so that the City is assured that at least one firm will be available when needed. The City reserves the right to extend the agreements for an additional year pursuant to the terms specified in the agreements. Once the agreement is executed, each service request will be negotiated separately and may contain some or all of the following services: • Research and/or review Title Reports • Prepare necessary surveys and identify existing right-of-ways • Prepare description of properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. • Prepare necessary legal descriptions, exhibits and any other miscellaneous services for acquisition purposes • Provide assistance to the City, as necessary, to acquire right-of-way, preparation of easement documents, permission to enter/grade letters, etc. • Appraise properties for the purpose of estimating market value and provide appraisal reports I R:\AGENDA REPORTS\2004\062204\ANNUAL CONTRACT Appraisal.AGR.DOC The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works/City Engineer. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services underthese agreements, unless directed otherwise by the City Manager or City Council. ATTACHMENTS: 1. Agreement with Robert Shea Perdue Real Estate Appraisal 2. Agreement with Mason & Mason Real Estate Appraisers & Consultants R:\AGENDA REPORTS\2004\062204\ANNUAL CONTRACT Appraisal.AGR.DOC CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2004-2005 THIS AGREEMENT is made and effective as of June 22, 2004, between the City of Temecula, a municipal corporation ("City") and Robert Shea Perdue Real Estate Appraisal ("Consultant"). Inconsideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event laterthan June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for one (1) year. If Contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim - Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30, 2005, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond June 30, 2006. 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 at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant 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. Consultant shall comply with the provisions of Sections 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 $25.00 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. 5. 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 t R:\AarPPmP..ntG\MaSiPmr anlIDal masts 2004-200MPardua Cantrart 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 Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 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 4. 7. 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 (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 2 R:\Agreements\Masterstannual master 2004-2005\Perdue Contract notice and without prejudice to any other remedy to which it maybe entitled at law, inequity or under this Agreement. 8. 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 identi- fied 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. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees 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 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. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional L iability I nsurance s hall b e w ritten o n a p olicy f orm providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) peraccidentfor bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant s hall f urnish t he C ity w ith o riginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. 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. 12. 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 anyway 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 byfailure of the Consultant to comply with this section. 13. 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, I etters o f s upport, testimony a t d epositions, response t o i nterrogatories o r 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 parry 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 Consultant. However, Citys right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. 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 (1) 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 parry 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. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Robert Shea Perdue Real Estate Appraisal 41919 Moreno Road, Suite A Temecula, California 92590 Attention: Robert S. Perdue, MAI 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without priorwritten 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. 16. 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. 17. 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. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula 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 herebywarrants and represents to the City that no 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 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. 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 orwritten, 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 partys own independent investigation of any and all facts such party deems material. 20. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CIVIC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Robert Shea Perdue Real Estate Appraisal 41919 Moreno Rd., Suite A Temecula, CA 92590 (909) 694-6904 Robert S. Perdue, MAI, Owner (Two Signatures of Corporate Officers Required For Corporations) EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FOR ROBERT SHEA PERDUE REAL ESTATE APPRAISAL 41919 Moreno Road, Suite A, Temecula, CA 92590 Serving The Inland Empire Appraisal Consultants to Government, FYnancial, Legal and Agricultural Industries Mr. Amer Attar, P.E., MBA Senior Engineer -Capital Projects City of Temecula 43200 Business Park Drive Temecula, CA 92590 June 9, 2004 RECE JUN 0 9 2004 CITY OF TEMECULA INEENNG DEFAR T NIENT Subject: RFQ - Public Works Department ANNUAL AGREEMENT FOR APPRAISAL SERVICES Various-CIP Projects Approved for FY 2004-2005 Dear Mr. Attar: Thank you for considering ROBERT SHEA PERDUE REAL ESTATE APPRAISAL for the Temecula Annual Contract for Appraisal Services. Pursuant to your request, we are including specific information relative to the appraisal qualifications of ROBERT SHEA PERDUE REAL ESTATE APPRAISAL. I have responded to each question under "General Requirements" in a question -by - question format. Please contact me directly if you require additional information. Sincerely, ROBERT SHEA PERDUE REAL ESTATE APPRAISAL Robert S. Perdue, MAI RSP: das RESPONSES TO GENERAL REQUIREMENTS 1. (1) A brief description of the consulting firm, (2) organization structure, (3) location of principal offices, (4) number of professional personnel, and (5) other pertinent information, including the names of all staff members who will work on the project. (1) ROBERT SHEA PERDUE REAL ESTATE APPRAISAL is based in Temecula and is the largest real estate valuation firm in Riverside County. The firm specializes in eminent domain for mostly Riverside County municipalities. (2) ROBERT SHEA PERDUE REAL ESTATE APPRAISAL is a sole proprietorship owned by Robert Shea Perdue. (3) ROBERT SHEA PERDUE REAL ESTATE APPRAISAL 41919 Moreno Road, Suite A Temecula, CA 92590 Phone: (909) 694-6904 Fax: (909) 694-6964 (4) Six full time. (5) Robert Shea Perdue Mark Routh Brad Bassi Brenda Greengard Richard T. Russell Debra A. Starr 2. The name and relevant experience of the principal or project manager in the firm who will have direct and continued responsibilityfor the project. This person will be the City's contact on all matters dealing with the project and will handle all day- to-day activities through to completion. Robert Shea Perdue directs litigation, eminent domain and agricultural appraisals, office operations, professional ethics and quality control. Mr. Perdue has a breadth of knowledge in agricultural, special use, eminent domain and litigation valuation. As a 43-year resident of Inland Southern California, he also has a distinct familiarity with the local market. Response to RFQ - FY 2003-2004 Page 1 Mr. Perdue obtained a Bachelor of Science degree from San Diego State University and has completed post -graduate work in Real Estate Appraisal and Demographics. He maintains a California Real Estate Brokers license, has been awarded the MAI designation from the Appraisal Institute, is the past president of International Right -of -Way Association and is an active member of the American Society of Farm Managers and Rural Appraisers. Mr. Perdue's qualifications are attached. Please contact Bob Perdue, the owner, on all matters dealing with this contract and any projects which result from this contract. His phone number is (909) 694-6904, ext. 1. 3. The names of any outside consultants and/or sub -contractors to be utilized, include a brief description of their role on the project, and an organizational chart. The intent of the City is to have the firm receiving this request for qualifications perform the bulk of the work to be covered by the annual agreement. Subconsulting will only be allowed in limited situations. None anticipated. 4. The consultant's understanding of the purpose of the annual agreement and the proposed approach to do the work. Real estate appraisal services. 5. A detailed list of the items of work to be performed by the consultant. STANDARD APPRAISAL METHODOLOGY AND REPORT IDENTIFICATION AND SUMMARY Cover Letter Certificate of Appraiser Summary of Conclusions Narrative Report: Item 1 - Owner Item 2 - Address (or location) of Subject Property Item 3 - Legal Description Item 4 - Delineation of Title Items - Purpose of Appraisal and Function Item 6 - Summary of Appraisal Problems (and Scope) Response to RFQ - FY 2003-2004 Page 2 DESCRIPTION 1. Assumptions and Limiting Conditions 2. Neighborhood Location and Description 3. Description of Subject Property A. Present Use B. Accessibility and Road Frontages C. Land Contour and Elevations D. Land Area E. Land Shape F. Utilities G. Present Zoning H. Highest and Best Use of Land if Vacant I. Improvements J. Specialty Items K. Real Estate Taxes L. Assessments M. Existing Lease or Rental Data N. Highest and Best Use Improved and As Vacant 4. Valuation of Property A. Site Analysis and Evaluation 1 0J Cost Approach a. Land analysis b. Improvement analysis Sales Comparison Approach a. General Discussion 1) Relationships 2) Sales that are Comparable b. Comparative Analysis C. Correlation and Conclusion by Comparative Approach Response to RFQ - FY 2003-2004 Page 3 3. Income Approach a. Data b. Analysis C. Correlation and Conclusion by Income Approach 4. Correlation and Final Conclusion B. Approaches to Value 1. Cost Approach a. Cost New b. Accrued Depreciation C. Land Value d. Indicated Value by Cost Approach 2. Comparative [Market Data] Approach a. General Discussion 1) Relationships 2) Sales that are Comparable b. Comparative Analysis 1) Whole Property Comparisons 2) Comparative Units C. Correlation and Conclusion, Comparative [Market Data] Approach 3. Income Approach a. Data b. Analysis C. Correlation and Conclusion, Income Approach C. Correlation of Value Indications from All Approaches The specific process of the consultant's approach to most condemnation projects is as follows: Response to RFQ - FY 2003-2004 Page 4 Pre -Valuation • Meet with the client to review and discuss project overview. • Review existing or proposed project. • Review CEQA and other reports on proposed or existing project. • Review proposed time frame for project completion as well as intermediate meetings and deadlines. • Review client concerns on proposed acquisitions (relative to property owner's accommodations). • Request a copy of title report. • Send letters of introduction to property owners for initial property owner contact. Valuation • Meet with property owner and/or representative to inspect the property and understand the property owners concerns about acquisition and the project's impact on the owner's property. Also, introduce any selected consultants at this meeting for inspection and investigation of a) soils, b) land use potential, c) engineering, d) consideration of water well improvements, e) consideration of agricultural improvements, f) consideration of unusual or non -conforming structural improvements. • Identify real estate, property rights and appraisal problem. • Commence preliminary data survey including complete inspection and verification of all land sales, improved sales (including agricultural improvements), and rental comparables (if applicable). • Proceed with analysis including general data on region, city and neighborhood as well as local and regional economic trends. Proceed with specific data collection on subject property including review of title report, site conditions, building conditions (review public records, building and safety records, assessors data (if permitted) and any other concerns relative to environmental constraints such as endangered species, wetlands, habitat, blueline streams (Department of Fish and Response to RFQ - FY 2003-2004 Page 5 Game, Army Corps of Engineers, and Fish and Wildlife etc.), hazardous materials, etc. • Estimate highest and best use as vacant and as improved. • Valuation of the larger parcel relative to the three approaches to value. • Reconciliation of value. • Final estimation of value. • If applicable — analysis and valuation of part to be acquired and consideration of Severance Damages, General and Benefits; writing of report. The standard narrative appraisal report (Limited, Restricted; Complete, Summary or Complete, Self -Contained) will be organized and formatted according to the guidelines of USPAP, Appraisal Institute, California Code of Civil Procedure and Uniform Appraisal Standards for Federal Land Acquisitions. 6. Resumes of all prime and sub -consultant personnel that will work on the annual agreement. Robert Shea Perdue Real Estate Appraisal personnel qualifications attached. 7. Examples of each consultant's recent relevant experience with client references. References — Recent Public Agency and Dairy Clients Mr. Rich Edmond 1996 - Present Chief Appraiser 1991 - 1994 County of Orange 300 N. Flower Street PO Box 4048 Santa Ana, CA 92702-4048 (714) 834-5070 Response to RFQ - FY 2003-2004 Page 6 Valuation Assignments: Eleven dairies, one pig and sheep ranch, two alfalfa ranches, hay lot and truck terminal, cattle auction yard, real estate brokerage office and several large farm parcels. All partial and full acquisitions for flowage easement interests - Prado Dam Project. Contract value - $30,000, $60,000 and $120,000. Mr. A. Louis Schnepp, ASA, CRA 1990 - Present Appraisal Manager County of San Bernardino 825 E. Third Street San Bernardino, CA 92415 (909)387-2774 Valuation Assignments: Full acquisitions by the County of San Bernardino: two horse ranches, parcels of vacant land, eight dairies, four calf ranches, flooding value diminution study and a nudist resort. Contract value approximately $100,000. Mr. Chuck Hale 1990 - Present Executive Director 1983 - 1987 So. Cal. Ag. Land Foundation (County of San Bernardino) 13839 Bon View Avenue Chino, CA 91710 (909)464-0186 Valuation Assignments: Various full acquisition appraisals for dairies, ranches and vacant land. Contract value approximately $90,000. Also completed numerous appraisal assignments for Mr. Hale when he was the Assistant City Manager for the City of Vista (Community Development Director - 1983 to 1987). Assignments included numbered several hundred full and partial acquisitions relative to commercial, industrial and residential properties for street widening, utility easements and floodway channels; single and multiple partial acquisitions. Contract value in excess of $200,000. Ms. Janet Parks Real Property Agent County of Riverside Department of Building Services 3133 Mission Inn Avenue Riverside, California 92507-4199 (909)955-9275 1996 - Present Response to RFQ - FY 2003-2004 Page 7 Valuation Assignments: Over one dozen eminent domain assignments including Highway 74 (72 parcels) right-of-way project. Contract value approximately $80,000. Murrieta Water District 42290 Ivy Murrieta, CA 92562 (909)677-7667 1995 - Present Valuation Assignments: Easement acquisitions for water transmission lines —partial easement acquisition and full acquisition of well and pump. Assessment District appraisals. Contract value approximately $40,000. Riverside County Flood Control 1995 Market Street Riverside, CA 92501-1719 (909)788-9965 1996 - Present Valuation Assignments: Commercial site in floodway, industrial lot in flood zone, floodway acquisition through horse ranch and 83 properties in flood plain. Contract value approximately $45,000. Valuation Assignments — Other Clients 1991 - Present -City of Temecula — Redevelopment Agency -City of Murrieta — Engineering Department -Rancho California Water District •Internal Revenue Service -Best, Best & Krieger, LLP -Orange County Water District Please refer to Robert Shea Perdue's Qualifications for additional client listings. Valuation Assignments — Summary Since 1978 have appraised thousands ofproperties in SouthernCalifornia for eminent domain acquisition and litigation. Property types range from residential and vacant land to commercial and industrial. Partial acquisitions include street, utility, flood, avigation and conservation easements. Response to RFQ - FY 2003-2004 Page 8 8. Current billing rate schedule. Appraisals are quoted and billed on a lump sum case -by -case basis. Should additional appraisers' time be required for updated estimates of value, attorney/client conferences, deposition or expert witness testimony, this time will be billed at our standard rates of $190 and $250 per hour, respectively. 9. An authorized official of the consulting firm shall sign the statement of Qualifications. 10. The Statement of Qualifications shall be valid for a minimum of ninety (90) days. 11. Consultant is obligated to provide evidence of insurance liability and abide by the City's Risk Management Procedures in accordance with Exhibit "A': Declarations or certificates of insurance for our general liability, automobile liability, worker's compensation and professional liability policies are attached. 12. Consultant will maintain required professional licenses and registration during the life of the Contract with the City. Robert S. Perdue currently holds the MAI appraisal designation, is a licensed general appraiser and is a licensed real estate broker. Respectfully submitted, ROBERT SHEA PERDUE REAL ESTATE APPRAISAL ea �N Robert S. Perdue, MAI Response to RFQ - FY 2003-2004 Page 9 CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2004-2005 THIS AGREEMENT is made and effective as of June 22, 2004, between the City of Temecula, a municipal corporation ("City') a nd M ason & Mason Real Estate Appraisers & Consultants ("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, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event laterthan June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for one (1) year. If Contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim - Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30t of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond June 30, 2006. 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 at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant 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. Consultant shall comply with the provisions of Sections 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 $25.00 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. 5. 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 1 R:\Agreements\Masters\annual master 2004-2005\Mason & Mason Contract 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 Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated forany services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. 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 4. DEFAULT OF CONSULTANT. a. The Consultant's failure to complywith 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, Cityshall have no obligation ordutyto 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 (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 2 R lAgreements\Masters\annual master 2004-2005\Mason & Mason Contract notice and without prejudice to any other remedy to which it maybe entitled at law, inequity or under this Agreement. 8. 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 identi- fied 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. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees 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 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. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's 3 R:Ngreements\Masters\annual master 2004-2005VAason & Mason Contract compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional L iability I nsurance s hall b e w ritten o n a p olicy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured againstwhom 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Bests rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the Citys forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. 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. 12. 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 anyway 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 byfailure of the Consultant to comply with this section. 13. 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 Citys 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, I etters o f s upport, t estimony a t d epositions, response to i nterrogatories o r 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 Consultant. However, Citys right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. 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 (1) 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. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Mason & Mason Real Estate Appraisers & Consultants 2609 Honolulu Avenue, Suite 100 Montrose, California 91020 Attention: Frances Wolfe Mason, MAI 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten consent ofthe 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. 16. 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. 17. 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 forthe relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula 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 has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, 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. 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 partys own independent investigation of any and all facts such party deems material. 20. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Mason & Mason Real Estate Appraisers & Consultants 2609 Honolulu Ave., Suite 100 Montrose, CA 91020-1706 (818) 957-1881 Frances Wolfe Mason, President EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2004-2005 s R:\Agreements\Masters\annual master 2004-2005\Mason & Mason Contract MASON & MASON Frances Wolfe Mason, MAI David S. Mason, MAI Real Estate Appraisers & Consultants Lisa M. Benson, MAI 2609 Honolulu Avenue, Suite 100 Vincent G. Maher, MAI Montrose, California 91020.1706 Kate C. McWalters, MAI SRA Telephone 818-957-1881 Bradford D. Thompson, MAI Fax 818-957-1891 Victoria L. Valentine, RM MRED e-mail: fmason@mason2.com Robert W. Waters, MAI SRANA EJW*�.. •,„`@, 1r" 33'i8?FsL�.�1.sf1 w18i ' .... "• .7rroL'i' A'Nr'rst4iA` . +le!�' May 10, 2004 Amer Attar, Principal Engineer Laura E. Bragg, Project Engineer - Capital Projects Public Works Department City of Temecula 43200 Business Park Drive Temecula, CA 92590 Re: Request for Statement of Qualifications Public Works Department ANNUAL AGREEMENT FOR APPRAISAL SERVICES Various - CIP Projects Approved for Fiscal Year 2004-2005 Dear Mr. Attar and Ms. Bragg: Pursuant to your Request for Statement of Qualifications issued April 19, 2004, we are submitting three copies of our proposal for as needed appraisal services. It is our understanding that the City of Temecula, proposes to use professional appraisal services to produce appraisal reports for the acquisition of full or partial take parcels, easements, temporary construction easements, leased or licensed properties, and disposition of real property, as applicable. Mason & Mason is qualified to complete appraisals of commercial, industrial, residential properties and vacant parcels within the city of Temecula. Frances Wolfe Mason, MAI, Kate Collins McWatters, MAI, Bradford D. Thompson, MAI, Victoria Valentine, RM MRED, Robert Waters, MAI SRWA, Vincent G. Maher, MAI, and Lisa M. Benson, MAI, of our firm will be responsible for preparation of these appraisal reports. These parties will maintain required professional licenses and registration during the life of the Contract with the City. These parties will be available for the duration of the project. The individual appraisers and staff of Mason & Mason are skilled in operating all necessary hardware and software for assignment completion. The firm can more than adequately fulfill all labor resource requirements for appraisal assignments and .- . are willing to retain additional staff or replace project staff members if needed. Mason & Mason maintains an intranet site accessed via the internet at http://www.M2acquisition.com for delivery of electronic reports. This option is available to the client if requested. Amer Attar, Principal Engineer Laura E. Bragg, Project Engineer - Capital Projects Public Works Department City of Temecula May 10, 2004 Frances Wolfe Mason, MAI, Managing Partner, or Kate Collins McWatters, MAI, will be the contact persons during the period of proposal evaluation, at the above -referenced phone number and address. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. On the following pages are the fine and individual appraisers: 1) Firm Qualifications, Related Experience, and References; 2) Proposed Staffing and Subcontractor's List; 3) Mason & Mason's Technical Approach and Proposed Scope of Work; 4) Mason &Mason Fee Schedule; 5) Statement Regarding Insurance Requirements; 6) Mason & Mason Statement of Limiting Conditions and 7) a Statement of Acceptance of City of Temecula Annual Agreement for Appraisal Services for Fiscal Year 2004-2005, including a copy of the agreement. This proposal contains 36 pages, not including any tabs, covers, or forms required by the City of Temecula. As you are aware, all appraisals are premised upon certain general and specific assumptions. So that you are informed as to the anticipating limiting conditions upon which we will base these appraisals, we have attached a copy which is to be considered a part of this proposal. Should the limiting conditions require amendment for these appraisals, you will be notified so that we may together make the necessary changes. Thank you for your consideration. FWM:cjf Enclosures r,w: Very truly yours, MASON & MASON Frances Wolfe Mason, MAI MASON & MASON Real Estate Appraisers & Consultants 2 TECHNICAL APPROACH & PROPOSED SCOPE OF WORK In preparing appraisal reports for the city of Temecula, the appraiser will complete the following: • Send Notice of Appraisal Inspection to property owner, if applicable; • Meet with City staff to fully understand the appraisal issues; • Property inspection; • Research of property history and review of title reports; • Prepare necessary surveys and identify existing right of ways; • Research information regarding subject's general plan, zoping, circulation plan, seismic, and other considerations; • Research available and proposed utilities in the area; • Research market conditions affecting the subject property; • Research and gather data on sales of applicable market data within the subject's market area: • Physically inspect, photograph, and confirm the sales data though public records, multiple listing service, buyers, sellers or brokers; • Interview area real estate agents/brokers to discuss sales and listings in the area; • Value the subject property utilizing the Cost, Direct Sales Comparison and Income Capitalization Approaches to value, as applicable; • Conclude Compensation. EXHIBIT B PAYMENT RATES AND SCHEDULE 10 RAWpreements\Masterstannual master 2004-2005\Mason & Mason Contract MASON & MASON Frances Wolfe Mason, MAI Real Estate Appraisers & Consultants David S. Mason, MAI Lisa M. Benson, MAI 2609 Honolulu Avenue, Suite 100 Vincent G. Maher, MAI Montrose, California 91020-1706 Kate C. McWatters, MAI SRA Telephone (818) 957.1881 Bradford D. Thompson, MAI Fax (818) 957-1891 Victoria L. Valentine, RM, MIRED e-mail: fmason@mason2.com Robert W. Waters, MAI SR/WA 2004 STANDARD FEE SCHEDULE Compensation for work performed on a time -and -materials basis will be computed as follows through December 31, 2004: APPRAISAL SERVICES • Principal Appraiser $200.00 to $310.00/hour • Associate Appraiser '$175.00 to $225.00/hour • Research $ 75.00 to $100.00/hour EXPERT WITNESS SERVICES Consultation, Deposition, and Court Appearance • Frances Wolfe Mason, MAI $310.00/hour • David S. Mason, MAI $300.00/hour • Vincent G. Maher, MAI $225.00 hour • Lisa M. Benson, MAI $175.00/hour • Bradford D. Thompson, MAI $225.00/hour • Kate C. McWatters, MAI SRA $225.00/hour • Robert W. Waters, MAI, SR/WA $200.00/hour • Victoria L. Valentine, RM, MRED $175.00/hour Research $75.00 to $100.00/hour Court Exhibit Preparation $35.00 to $65.00/hour Minimum Charge for Deposition and Court Appearances 4 hours MISCELLANEOUS EXPENSES The following are billed at cost plus 10%: • Subcontractor Services • Blue Printing Services and Printing • Court Exhibits • Long Distance Telephone Calls, Fax, etc. • Commercial Delivery Services • Computer Services • Website Storage Fees - per contract • Air Transportation and Travel Expenses Automobile Travel @ $0.36 per mile • Dell Computer w/Sanction Software $300 per day • Proxima Projector $250 per day Rm,i-H IM STATEMENT OF ACCEPTANCE REGARDING INSURANCE REQUIREMENTS Mason & Mason agrees to provide insurance liability for all projects awarded and agrees to abide by the City's Risk Management procedures in accordance with Exhibit "A". We agree to furnish a General Liability Insurance certificate for the amount stated in Exhibit "A" only upon award of project. ITEM 17 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 4i 4William G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Professional Services Agreements for Geotechnical and Material Testing Services for Various Capital Improvement Projects for FY 2004-2006 PREPARED BY: Amer Attar, Principal Engineer — Capital Projects Laura Bragg, Project Engineer — Capital Projects RECOMMENDATION: That the City Council: Approve the agreement with EnGEN Public Works Services, LLC. in the amount of $60,000.00 to provide as needed geotechnical and materials testing services; and 2. Approve agreement with Ninyo & Moore in the amount of $60,000.00 to provide as needed geotechnical and material testing services; and 3. Authorize the Mayor to execute the agreements. BACKGROUND: There are various projects described in the approved Capital Improvement Program for Fiscal Years 2005 to 2009 that will require geotechnical and material testing services. The attached agreements are for two separate one year agreements to provide as needed services; these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up throughout the year. A Request for Proposals was sent out on April 19, 2004 and responses were received on May 11, 2004. Of the twenty-two firms that responded, two firms have been selected for agreements so that the City is assured that at least one firm will be available when needed. The City reserves the right to extend the agreements for an additional year pursuant to the terms specified in the agreements. Once the annual agreements are executed, each service request will be negotiated separatelywith one of the two firms and may contain some or all of the following services: • Subsurface exploration and logs summarizing the conditions encountered • Seismicity • Geotechnical Evaluation and recommendations • Discussion of existing pavement or site conditions • Recommendations for removal of unsuitable material • Soil Ferrous corrosivity and Portland Cement attack potential • Environmental concerns/hazards • Review of available geologic maps and reports for the region • Discussion of the material encountered in the borings and measured engineering properties 1 RAAGENDA REPORTS\2004\062204\ANNUAL CONTRACT GEOTECH.AGR.DOC • Preparation of field and final compaction reports • Review of project plans & specifications with emphasis on geotechnical and laboratory materials testing services and attend progress meetings • Observation and Field testing services during all phases of site grading • Field observation and testing during trench backfilling operations • Field density testing during subgrade and base compaction • Field sampling and testing of base and asphalt concrete • All necessary laboratory tests to support field services and to satisfy Caltrans and other regulatory agency requirements • Batch plant inspections • Structure backfill observation and testing • Concrete sampling and testing • Consulting services requiring corrective and/or remedial recommendations The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works/City Engineer. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. ATTACHMENTS: 1. Agreement with EnGEN Public Works Services, LLC. 2. Agreement with Ninyo & Moore R:\AGENOA REPORT%2004\062204\ANNUAL CONTRACT GEOTECH.AGR.00C CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL GEOTECHNICAL/MATERIAL TESTING SERVICES FOR FISCAL YEAR 2004-2005 THIS AGREEMENT is made and effective as of June 22, 2004, between the City of Temecula, a municipal corporation ("City') and EnGEN Corporation, ("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, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event laterthan June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for one (1) year. If Contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim - Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30'h of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond June 30, 2006. 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 at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant 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. Consultant shall comply with the provisions of Sections 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 $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates foranywork done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. 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 t RAAgreenebtsWastersannual masters\2004-2005\EnGen Annual 2004-05 schedule of payment are null and void. This amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the 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 Citys written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. 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 4. 7. 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 (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. 8. 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 identi- fied 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. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees 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 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. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsementto the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional L iability I nsurance s hall b e w ritten o n a p olicy f orm providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees orvolunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant s hall f urnish t he C ity w ith o riginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. 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 anytime 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. 12. 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 anyway 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. 13. 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 5 RAAgreenebtsWastersannual masters\2004-20051EnGen Annual 2004-05 authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, I etters o f s upport, testimony a t d epositions, response t o i nterrogatories o r 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 Consultant. However, Citys right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. 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 (1) 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. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: EnGEN Corporation 41607 Enterprise Circle North, Suite 1 Temecula, California 92590 Attention: Gina L. LeSueur 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten 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. 16. 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. 17. 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 R:\AgreenebtsWastersannual masters\2004-2005\EnGen Annual 2004-05 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 Courts judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. Noofficer, oremployee ofthe CityofTemecula 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 Citythat no 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 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. 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 partys own independent investigation of any and all facts such party deems material. 20. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CIVIC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT EnGEN Corporation 41607 Enterprise Circle North, Suite 1 Temecula, CA 92590 (909) 296-2230 Osbjorn Bratene, President H. Wayne Baimbridge, CEO/CFO (Two Signatures of Corporate Officers Required For Corporations) EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL GEOTECHNICAUMATERIAL TESTING SERVICES FOR FISCAL YEAR 2004-2005 'T,Y EnGEN Corporation appreciates the opportunity to provide this proposal for Geotechnical and Materials Testing Services for the Various CIP Projects Approved by the City of Temecula for Fiscal Year 2004-2005. EnGEN Corporation is currently providing services under an annual contract with the City of Temecula for fiscal year 2003-2004. It is our sincere hope to continue to provide these services for fiscal year 2004-2005. This proposal is based on information derived from your Request for Statement of Qualifications (RFQ) dated April 19, 2004. INTRODUCTION EnGEN Corporation is a professional organization specializing in geotechnical soils engineering, geologic evaluation, engineering geology, environmental site assessment, laboratory testing and analyses, and construction materials testing. Our professional staff is comprised of highly qualified Engineers, Geologists and Engineering Technicians whose combined experience provide more than 20 years of specialized earth science and materials engineering services in the Southern California area. EnGEN Corporation's operating philosophy is "Pride in Professionalism". We incorporate the "common sense" approach with technical expertise to accomplish project tasks with the client's best interest in mind. This approach, as well as our reputation as a responsive, well -organized firm has fueled our growth and enabled us to provide excellent customer service. EnGEN's corporate office, located in Temecula, California, houses a state-of-the-art laboratory facility, as well as professional and administrative staff. This office and our office in Santa Ana, California enable us to service both public and private sector clients in Orange, Riverside, San Bernardino and San Diego counties. PROJECT DESCRIPTION It is our understanding that this contract will consist of various projects that will require geotechnical and/or materials testing services until June, 2004. Each request for services will be negotiated separately based on the services requested. At no time will EnGEN Corporation charge the City of Temecula for travel time to or from projects included in this contract nor will there be a minimum -hours charge for any project under this contract. SCOPE OF SERVICES — COMPACTION & LABORATORY TESTING SERVICES The scope of services for compaction and laboratory testing services shall include but not be limited to the following: ❑ In -Place Moisture and Density Tests ❑ Laboratory Maximum Density and Optimum Moisture Tests • Sieve Analysis Tests ❑ R-Value Tests ❑ Direct Shear Tests ❑ Consolidation or Collapse Tests ❑ Ph, Resistivity, Soluble Sulfate, and Chloride Tests SCOPE OF SERVICES — GEOTECHNICAL INVESTIGATION SERVICES EnGEN Corporation will provide final reports that include logs of borings summarizing the subsurface conditions encountered, results of laboratory testing, and a plan indicating the location of the explorations. The reports will also provide seismic design criteria based on current code requirements. Geotechnical evaluation and recommendations within EnGEN Corporation's technical reports will include but not be limited to the following: ❑ Standard Grading Recommendations o Earthwork Recommendations ❑ Settlement Considerations And Calculations Following Comg Report 117. ❑ Surface And Subsurface Drainage Recommendations ❑ Foundation, Column And Slab Recommendations a Slope Stability ❑ Soil Sulfate Content Implications And Impact On Foundation Design ❑ Utility Trench Backfill ❑ Lateral Earth Pressures Used For Retaining Wall Design ❑ Pavement Design ❑ Grading And Foundation Plan Review ❑ Construction Monitoring ❑ Pile Driving (If Necessary) ❑ Lateral Earth Pressures ❑ Discussion Of The Existing Pavement Or Site Conditions ❑ Recommendations For Removal Of Unsuitable Material ❑ Soil Ferrous Corrosivity And The Portland Cement Attack Potential ❑ Environmental Concems/Hazards ❑ Summary Of Findings And Recommendations ❑ Consulting Services Requiring Corrective and/or Remedial Recommendations, If Necessary. ❑ Review Of Available Geologic Maps And Reports For The Region o Discussion Of The Material Encountered In The Borings And Measured Engineering Properties. ❑ Logs Of The Exploratory Borings Summarizing The Subsurface Conditions Encountered, Results Of Laboratory Testing, And A Plan Indicating The Location Of The Explorations o Review Of Project Plans & Specifications With Emphasis On Geotechnical And Laboratory Materials Testing Services o Attend Progress Meetings As Required ❑ Observation And Field Testing Services During All Phases Of Site Grading (Including But Not Limited To Removal Of Unsuitable Soils, Approval Of Areas To Receive Fill And Mass Fill Placement), Available 24 Hours Per Day ❑ Field Observation And Testing During Trench Backfill Operations ❑ Field Density Testing During Subgrade And Base Compaction ❑ Field Sampling & Testing Of Base And Asphalt Concrete ❑ All Necessary Laboratory Tests To Support Field Services And To Satisfy Caltrans And Other Regulatory Agency Requirements 2 ❑ Batch Plant Inspections ❑ Structure Backfill Observation And Testing ❑ Concrete Sampling And Testing ❑ '97 UBC Near Source Seismic Factors ❑ Dynamic Settlement Calculations UNDERSTANDING OF PURPOSE OF AGREEMENT & SCOPE OF WORK EnGEN Corporation understands that the City of Temecula will require a complete service package to accommodate day -today requirements of the City for geotechnical consulting and testing services. This office has been providing all of the specialized engineering services outlined in the RFQ for over 20 years in the Temecula Valley for public agencies and private development companies. These services have included geotechnical investigations, compaction testing, consulting services and laboratory testing. These services will be provided on an "on -call" basis as project demands dictate. Understanding of Soil and Geotechnical Conditions within the Temecula Valley: Nearly 75% of the geotechnical services provided by EnGEN Corporation are within the Temecula Valley. The previous work conducted in the City of Temecula by EnGEN Corporation has shown that soil conditions within the region vary significantly in terms of stability, soil settlementtconsolidation and corrosive potential. Registered professional engineers and geologists as well as trained technical engineering personnel are qualified to recognize the potential for these characteristics should they be observed at each project during the grading/construction operations. Any soils observed that may have the potential for these characteristics, or that could have an adverse effect on the foundation, footings and/or pavement areas will be sampled and tested in order to provide appropriate recommendations. Understanding of Compaction Control Needs of the City of Temecula: Clayey sands or slightly plastic and plastic soils will present some difficulty in compaction. Where these soils are encountered, it will be recommended that efforts be made to mix with clean sands in order to minimize the difficulty in achieving the required compaction. It will be recommended that compaction operations only utilize mechanical equipment. Jetting within trenches should be avoided. The technician(s) on site will provide the Contractor and the City with daily field test results and report any unusual conditions to the appropriate project professionals immediately. The standard of compaction frequency varies depending on the size of the work area, volume and depth, however it is generally understood that one compaction test should be taken for every two vertical feet (or lift) of balled material or compacted fill placed. Each test is documented on a "daily field report" and plotted on a scaled site plan showing the number, location and depth of test taken. Understanding of Unstable Soil Conditions within the Temecula Valley: Unstable soil conditions exist throughout the valley at varying depths from the surface to deep beneath the surface and each site should be evaluated in order to determine if unstable conditions exist. The evaluation process allows the engineer to examine the characteristics of each soil horizon under controlled laboratory conditions, simulating the conditions and loads that the soil would experience under varying conditions. The most damaging soil conditions that have been observed to occur within the Temecula Valley include hydro -consolidation of supporting soils, expansion potential impacting foundation stresses and slope stability. 3 Due to the variety of soil types that may be encountered throughout the City, some soils encountered could potentially be unstable. It is recommended that all excavations be configured in accordance with CAIJOSHA requirements and be under technical observation at all times when work is in progress. Understanding of Regional Geology: EnGEN Corporation has conducted many geotechnical investigations within the City boundaries, and as part of these studies the geology has been evaluated. The City of Temecula is located in the seismically active region of Southern California. EnGEN Corporation will address potential geologic hazards such as landsliding, liquefaction and faulting that might be considered detrimental to any proposed development during its lifetime. The scope of work proposed will include a technical review of any previous reports, site reconnaissance, and presentation of findings, conclusions and recommendations of the geological analysis of the data collected. PROJECT APPROACH Initial Work Plan Review Meeting: EnGEN Corporation will conduct an initial in-house review of available maps, project plans, reports, specifications and any other documentation relevant to the project. We will schedule a meeting with City staff, contractor and others, on -site, to discuss project specifications and site conditions before construction begins. EnGEN Corporation will also discuss the construction schedule with the contractor and City staff to property plan our manpower requirements in order to meet the contractor's projected schedule and attend progress meetings, as required. A general fieldwork and safety plan meeting with field and technical staff will also be conducted. We will meet with the City Project Engineer and other appropriate engineering staff, if deemed necessary or required because of project changes or special circumstances uncovered during the initial document review of technical data. Site Reconnaissance: Potential subsurface exploration point locations will be planned by our Geotechnical Engineer and staff. Site reconnaissance will consist of traversing the site, conducting surface mapping, verifying access to all necessary areas, retrieving soil samples and/or staking proposed boring locations to assist DIG ALERT. Exploratory borings will be drilled within the proposed development area ranging in depth to a maximum of 50 feet below ground surface or refusal, utilizing truck -mounted, hollow -stem auger drilling equipment. The actual number of borings will be determined during the field operations. In -situ and bulk samples along with standard penetration testing will be obtained at 5.0-foot intervals or less to evaluate subsurface geotechnical conditions for laboratory testing. PROFESSIONAL STAFF The staff that will be assigned to this project are listed below: Project Geotechnical Engineer - Osbjorn Bratene, GE 162, RCE 21873 Mr. Bratene has more than 25 years of experience across a broad spectrum of engineering, geotechnical and construction projects. His 10 years of Geotechnical Engineering and 15 years of management of a multi -disciplined engineering and construction firm have familiarized Mr. Bratene with a wide variety of projects from both the engineering and construction perspectives. 9 He will be available if any special conditions are encountered which require geotechnical engineering observation and/or recommendations during the construction, excavation and grading operations. Operations Manager/Geologist — H. Wayne Baimbridge, REA 4002 Mr. Baimbridge has over 20 years of experience in the environmental engineering, engineering geology and geotechnical fields. His range of work experience includes complete project responsibility for public agency, private sector, commercial/industrial and residential developments. Engineering Geologist/Staff Engineer — Ramon Chavez, CEG 1599, RG 4588, CH 791 Mr. Chavez has over 21 years of experience specializing in engineering geology, geotechnical, design and construction of solid and hazardous waste management facilities, environmental and health & safety compliance, site assessment and remediation of contaminated sites. His experience has been acquired while working in the US and Mexico. Mr. Chavez has conducted and supervised site investigations, engineering design and construction quality assurance (CQA) programs for solid and hazardous waste management facilities, hydroelectric and storage reservoirs, hospitals, roadways, infrastructure works, and major earthwork projects for residential development. Mr. Chavez has not only a diverse technical background, but also provides strong project management skills and an integral technical approach to projects. • Assistant Field Operations Manager — S. Ryan Waroff Mr. Waroff supervises all field and laboratory staff in the course of his duties as EnGEN Corporation's Assistant Field Operations Manager. He is also responsible for the supervision and management of all aspects of a wide range of geotechnical projects in both the public and private sectors. Mr. Waroff is certified for all ASTM, ACI Concrete and Humboldt testing procesures. He will serve as "Engineer -in -Charge", the liaison between EnGEN Corporation and the City staff on all matters concerning this project and will coordinate the day-to-day activities through completion. He will also oversee the field technician(s) on this project to ensure adequate documentation of field and testing activities and maintain field scheduling and reporting coordination with the Contractor and the City throughout each project duration. • Field/Staff Geologist — Eric Davisson, BS Geology with Hydrogeology Emphasis Mr. Davisson facilitates the project geological and geotechnical needs as required on EnGEN Corporation projects. He has managed numerous site assessment and characterization studies for environmental and geotechnical. These studies included property divestment assessments and implementing an environmental release prevention program involving over 400 UST sites, compliance sampling, AQMD Rule 1166 air quality monitoring projects, and ongoing site operations and maintenance. UST case related project work has included both field and office tasks and management. He will be available if any special conditions are encountered which require geological engineering observation and/or recommendations during the construction, excavation and grading operations. 5 Field/Staff Geologist — Colby Matthews, BS Geology, CA Geotechnical Engineers Assoc. Mr. Matthews facilitates the project geological and geotechnical needs as required on EnGEN Corporation projects. He will be available if any special conditions are encountered which require geological engineering observation and/or recommendations during the construction, excavation and grading operations. Full -Time Senior Field Technician(s) Senior Field Technician(s) will be available to observe and test on a full-time or as needed basis throughout each project construction period. The technician(s) assigned to each project are experienced in compaction operations, concrete sampling and testing in accordance with respected Agency guidelines. Senior Field Technicians all have 5 years or more of experience in this field and are certified in ASTM and Humboldt testing procedures. The following is a list of subcontractors that may be used on the City's projects: • ES Babcock — An analytical laboratory for performing chemical analysis. • Martini Drilling —A drilling company used as an outside service for drilling. • Cal Pac Drilling —A drilling company used as an outside service for drilling. WinKo Inspections - A company used for special inspections. • Rice's Concrete - A company used for cutting and coring of asphalt and concrete Resumes and references for all subcontractor's will be provided upon request. Each subcontractor used by EnGEN Corporation is a firm used for many years by EnGEN with years of experience and all of the necessary insurance and professional requirements to meet the needs and minimum qualifications of the City of Temecula. . A EXHIBIT B PAYMENT RATES AND SCHEDULE EnGEN Corporation 2004 SCHEDULE OF PROFESSIONAL FEES HOURLY PERSONNEL CHARGES Principal............................................................................................................... Registered Environmental Assessor(REA)......................................................... Geotechnical Engineer,(GE)............................................................................... EngineeringGeologist,(CEG)............................................................................. ProjectEngineer(RCE)....................................................................................... ProjectGeologist (RG)........................................................................................ Staff Engineer/Project Manager.......................................................................... StaffGeologist..................................................................................................... FieldSupervisor................................................................................................... SeniorTechnician................................................................................................ Senior Field Technician, Prevailing Wage Rate .................................................. FieldTechnician.................................................................................................. Field Technician, Prevailing Wage Rate.............................................................. Lab Technician ................................................ DraftingServices.......................................................................................... WordProcessing.......................................................................................... Clerical Services ................ $145.W ................ $125.00 ................ $105.00 ................ $105.00 ................ $100.00 ................ $100.00 .................. $80.00 .................. $80.00 ........ I......... $80.00 .................. $80.W ................ $115.00 .................. $75.00 ................ $110.00 .................. $70.00 ........................ $60.00 ........................ $60.00 ................................................................................................................... $55.00 Special Inspector (Concrete, Mason & Welding)...........................................................On Request Court Appearance, Depositions, and/or Governmental Representations (including Travel Time, hourly rate)............................................................................ $250.00 Please note there is a two (2) hma minimum for services provided on a weekday and a four (4) hour minimum per site visitfor services provided on a weekend or holiday. ADDITIONAL CHARGES Vehicle Charge (mileage exceeding 50 miles round trip from office), per mile .............On Request Postage or Special Delivery Services............................................................................ Cost + 15% OutsideServices........................................................................................................... Cost + 15% Standard copies of reports, wet signed (each)..............................................................On Request Per Diem, (per day per person).....................................................................................On Request OvertimeRate/Holiday Rate.......................................................................................... $25.00/hour PrevailingWage Ofr Rate............................................................................................. $15.00/hour PrevailingWage DR Rate.............................................................................................$25.001hour Prevailing Wage Holiday Rate.......................................................................................$50.00/hour LABORATORY TESTING FEES Laboratory testing fees are per test and do not reflect sample pick-up and delivery charges or out of ordinary sample preparation time. Fees for additional tests available upon request. SOIL TESTING Maximum Dry Density / Optimum Moisture Content Relationships a) ASTM D-1557, (Method A)........................................................................ b) ASTM D-1557, (Method B, C)................................................................... c) ASTM D-1557, (Method D)........................................................................ d) California Impact (CALTRANS 216).......................................................... .......... $140.00 .......... $165.00 .......... $165.W .......... $140.00 Company Publicatlonst/Schedule of Pees, 2004 Page 1 of 3 Revised January, 2004 EnGEN Corporation 2004 SCHEDULE OF PROFESSIONAL FEES SOIL TESTING, (Continued) ExpansionIndex, UBC 29-2................................................................................................ $110.00 Sand Equivalent (average of 3 points)................................................................................ $110.00 SolubleSulfate...................................................................................................................... $55.00 Corrosion Analysis (p.H., Redox, Sat. Res., Sulfates)........................................................... $55.00 Atterberg Limits (Plasticity Limit): ........................................................................................ $170.00 Consolidation, single point (collapse test)............................................................................. $90.00 Consolidation, per additional loading point............................................................................ $40.00 Consolidation, In -situ sample, time rate -ratio data (per increment) ....................................... $45.00 Direct Shear, in -situ sample, saturated, 3 points................................................................. $145.00 Direct Shear, remolded sample, saturated, 3 points........................................................... $175.00 Hydrometer Analysis (minus No. 10 sieve material).............................................................. $80.00 R-Value: CALTRANS301....................................................................................................... $235.00 C.B.R. (3 points, excluding optimum moisture / max. density curve) ....................... $335.00 RingDensity..........................................................................................................................$25.00 Sieve Analysis, washed, 3W' Max....................................................................................... $116.00 Spec Gravity (+ No. 4 Sieve Material)............................................................................... $95.00 Specific Gravity (- No. 4 Sieve Material).............................................................................. $100.00 MoistureContent/Dry Density................................................................................................ $26.00 Miscellaneous Aggregate Testing.................................................................................On Request Other Specialty Testing (not listed above).....................................................................On Request CONCRETE TESTING Concrete Mix Design (review calculations only).................................................................. $175.00 Flexural Strength, 6"x6N24" beam........................................................................................ $70.00 Beams Cured but not tested (less than 28 days old)............................................................. $40.00 Compression Tests, Hold Samples, 6"x12" cylinder.............................................................. $25.00 Cylinders Canceled, Not Tested (less than 28 days old) ....................................................... $25.00 MASONRY TESTING Compression Test, Hold Samples, Mortar or Grout Cylinders ................................(each) $30.00 Compression Test, Masonry Unit, 3 required (Net area also requires absorption and unit weight tests) ............................(each) $80.00 Absorption Test, Masonry Unit, 3 required (Net area also requires unit weight test).......................................................(each) $60.00 Unit Weight, Masonry Unit, 3 required....................................................................(each) $60.00 Moisture Content, Masonry Unit (as received), 3 required ......................................(each) $60.00 Lineal shrinkage, masonry unit, 3 required..............................................................(each) $100.00 Tensile Test on Masonry Block...............................................................................(each) $145.00 Shear Test on Masonry Core ..................................................................................(each) $110.00 Compression Test on Masonry Core ......................................................................(each) $60.00 Compression Test of Masonry Prisms 8"x18" (other sizes on request) ..................(each) $145.00 Other Specialty Testing (i.e., not listed above)..............................................................On Request Comperry PubllcetionslSchedule or Fees, 2004 Page 2 or 3 Revised January. 2004 EnGEN Corporation 2004 SCHEDULE OF PROFESSIONAL FEES ASPHALTIC CONCRETE TESTING Specific Gravity00 (Compacted Sample)................................................................................... $55. Stabilometer Test (Sample Mixing - set of 3)...................................................................... $300.00 Premixed Sample (set of 3)...................................................................................... $195.00 Extraction, % Bitumen and Sieve Analysis.......................................................................... $195.00 Marshall Test, per Core Specimen, (stability and flow) ...................................................... $165.00 Marshall Test, Maximum Density Only................................................................................ $165.00 Marshall Test, (Sample Preparation - set of 3).................................................................... $295.00 Evaluation of On -Site Failures.......................................................................................On Request Other Specialty Testing (i.e., not listed above)..............................................................On Request MISCELLANEOUS SERVICES Coring Field Samples of Concrete, A.C., Masonry, etc ...................................... Reinforcing Steel, Structural Steel and High Strength Bolt Testing ................... Portland or Asphaltic Cements, Liquid Asphalts, Emulsions and Slurry Seals... Roofing Observations and Tests........................................................................ Density of Sprayed Fireproofing......................................................................... AsbestosP.L.M. Analysis................................................................................... ..........On Request ..........On Request ..........On Request ..........On Request ....(each) $55.00 ....(each) $35.00 Company PublicationvSchedule of fees, 2004 Page of 3 Revised January, 2004 CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL GEOTECHNICALIMATERIAL TESTING SERVICES FOR FISCAL YEAR 2004-2005 THIS AGREEMENT is made and effective as of June 22, 2004, between the City of Temecula, a municipal corporation ("City') and Ninyo & Moore, ("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, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event laterthan June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for one (1) year. If Contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim - Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30"' of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond June 30, 2006. 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 at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant 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. Consultant shall comply with the provisions of Sections 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 $25.00 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. 5. 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 t R:\Agreenebts\Mastersannual masters\2004-2005\Ninvo & Moore Annual 2004-05 schedule of payment are null and void. This amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for anyservices rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. 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 4. 7. 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 (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. 8. 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 identi- fied 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, computerfiles 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. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees 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 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. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional L iability I nsurance s hall b e w ritten o n a p olicy f orm providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) peroccurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) peraccident for bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant s hall f urnish t he C ity w ith o dginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the Citys forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. 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. 12. 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. 13. 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 Citys 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, I etters o f s upport, testimony a t d epositions, response t o i nterrogatories o r 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 Consultant. However, Citys right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. 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 (1) 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. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Ninyo & Moore 5710 Ruffin Road San Diego, California 92123 Attention: Erick Olsen, Chief Geotechnical Engineer 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten 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. 16. 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. 17. GOVERNING LAW. The City and Consultant understand and agree thatthe 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. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula 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 has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, 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. 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. 20. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CIVIC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Ninyo & Moore 5710 Ruffin Rd. San Diego, CA 92123 (858) 576-1000 Avram Ninyo, Owner Mark Cuthbert, P.E. Project Manager (Two Signatures of Corporate Officers Required For Corporations) EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL GEOTECHNICAL/MATERIAL TESTING SERVICES FOR FISCAL YEAR 2004-2005 L May 11, 2004 Proposal No. P-6349 City of Temecula Annual Agreement for Geotechnical and Materials Testing Services Attention: Public Works Department City of Temecula 43200 Business Park Drive Temecula, California 92590 Subject: Statement of Qualifications for City of Temecula Annual Agreement for Geotechnical and Materials Testing Services for Various CIP Projects Approved forFY2004.2005 Ninyo & Moore is pleased to submit our qualifications, capabilities and experience to provide geotechnical consulting and materials testing services for the City of Temecula. Our submittal includes information regarding our qualifica- tions, proposed project approach, relevant project experience, proposed project personnel, billing rate schedule, client references, insurance coverage, and additional pertinent information. Ninyo & Moore is one of the largest firms in the western United States specializing in Geotechnical Engineering, Environmental Engineering and Materials Testing and Inspection Services. Engineering News Record recognized the fine as No. 274 of the Top 500 Design Firms in the United States for 2004. The firm has over 250 employees providing services to public and private clients. For over seventeen years, the firm has been performing soil testing services on a wide variety of projects, including municipal structures, educational facilities, commercial buildings, and other public and private projects. Ninyo & Moore has performed services on numerous projects for a wide variety of clients in Riverside and San Diego counties, including the City of Temecula, Temecula Valley Unified School District, City of Lake Elsinore, City of Palm Springs, City of Corona, City of Moreno Valley, Riverside County Transportation Commission, City and County of San Diego, Port of San Diego, and Caltrans, as well as other agencies. Ninyo & Moore is proud of its reputation for providing timely, cost-efficient resolutions to complex projects. We look forward to presenting our experience and qualifications to the City of Temecula in person. If you have any questions regarding this submittal, please contact the undersigned at (858) 576-1000. Sincerely, NINYO & MOORE Mark Cuthbert, P.E. Erick J. Aldrich, P.E., G.E. Principal Engineer Senior Project Engineer _010"TrAf 1 1 Distribution: (3) Addressee 5710 Ruffin Road San Diego, California 92123 (858) 576-1000 /1/Inyo�/�ooce May 11, 2004 Proposal No. P-6349 City of Temecula Annual Agreement for Geotechnical and Materials Testing Services Ninyo & Moore has established effective management control systems and integrated them for efficient project administration. Ninyo & Moore project managers and personnel are trained to respond quickly and efficiently to task orders and project situations as they arise in order to meet project deadlines. Having completed many complex projects within strict time constraints, Ninyo & Moore has developed flexible management systems which allow project managers to draw on experienced technical and administrative personnel throughout the company. This allows the use of a vast personnel base at reduced cost to the project and has resulted in efficient budget control and adherence to project schedules. Contract needs are met by assigning appropriate management and technical staff, and equipment as needed to meet specific project requirements. It is anticipated that, in general, subconsultants to Ninyo & Moore will not be needed for this contract. Mr. Mark Cuthbert has been assigned to this project as the project manager to ensure that the needs of City of Te- mecula (the City) are met in a timely and cost efficient manner. His anticipated work schedule is such that he will be available throughout the duration of the project; twenty -four -hours -a -day, seven -days -a -week in order to address the needs of the City. Tasks assigned to Ninyo & Moore will be handled by Mr. Cuthbert. Together with the Ninyo & Moore project team, he will formulate the most appropriate project approach, in order to meet the project objective. Starting with the initial contact, for geotechnical design services he will determine the objective and timing of the project. The next step will be to develop a project approach. Through our initial discussions with the City, and appro- priate governing agencies, we'll determine the applicable project standards, guidelines, and regulations. A preliminary review of in-house proprietary and published information (i.e., aerial photographs, geologic and topog- raphic maps, reports, etc.) will be performed to acquire a general understanding of the site conditions and limitations. A preliminary site visit may also be performed, if appropriate, to further assess the site conditions. The information collected at this stage will be used to formulate a technical approach to the project. This approach and associated cost will be presented in a project proposal and submitted to the City for their review and comment. Following the review and approval of the work scope and budget, Mr. Cuthbert will assign the various technical tasks to the appropriate project personnel. Immediately following the receipt of the notice to proceed, the project will be entered into our accounting database. Weekly progress financial reports will be provided electronically to Mr. Cuthbert, in order that he may track the financial progress of the project. Weekly in-house project meetings will be held to assess the needs of the project and adherence to the project schedule. In addition, to these meetings, the City will be provided with project updates, as the project progresses, and will be informed of any geotechnical fatal flawAimitations of the project immediately. The following is a generalized breakdown of the typical phases of a project along with a brief description of the ser- vices that may be included. The actual scope of work and work product will depend on the actual nature of the projects assigned. 5710 Ruffin Road San Diego, California 92123 5 (858)576.1000 May 11, 2004 Proposal No. P-6349 City of Temecula Annual Agreement for Geotechnical and Materials Testing Services • Preparation of the proposal to address the Request for Proposal from the City: The proposal will present an understanding of the project, a scope of services, expected deliverables, schedule, and an estimated cost for the services. In preparing the cost estimate and schedule, a detailed breakdown of personnel hours, reimburs- ables, and costs are typically prepared and can be included in the formal proposal. • Acquisition and review of background materials: Pertinent existing background information, such as geotechnical reports, seismic hazard maps, topographic maps, and geologic reports and maps, would be obtained and reviewed. Principal sources for this information would include the City, County of Riverside, the , California Geological Survey (formerly the California Division of Mines and Geology), the U.S. Geological Survey, and our in-house resources. The information collected during this phase is crucial to developing a preliminary understanding of the site conditions so that the most appropriate exploration program can be formu- • Aoltisition of permits and utility clearance: If subsurface exploration is a part of the project, required permits will need to be obtained and existing underground utilities will need to be located so that there are no conflicts with the planned subsurface excavations. Clearance of underground utilities would be conducted through Un- derground Service Alert (USA) and, if necessary, our in-house geophysicists, equipped with state-of-the-art utility location equipment, can conduct detailed surveys of the project site to locate utilities. If the exploratory excavations are going to be in the street a permit/approved traffic control plan will need to be obtained from the City. Excavations in environmentally sensitive areas would require additional permits. • Performance of field services: For geotechnical design projects, subsurface exploration could likely be in- volved. Subsurface explorations can include the excavation, sampling, and logging of "small -diameter" borings such as hollow -stem auger borings, "large -diameter" (bucket -auger) borings, and test pits. Logs of the explora- tory excavations with a site plan showing their locations are provided. Other means of subsurface exploration may include cone penetrometer soundings, and engineering scale geophysical surveys such as seismic refrac- tion, magnetic, electromagnetic, ground penetrating radar (GPR) and electrical resistivity surveys. Field services for jobs in construction could include observation and compaction testing of mass graded fills or wall or utility trench backfill to evaluate contractor compliance to project specifications. Construction services could also in- clude various types of materials inspection and testing and the observation and documentation of foundation excavations. • Laboratory testing: For geotechnical design projects, typical laboratory tests include Atterberg limits, consoli- dation, direct shear, expansion index, in -situ moisture content and dry density, maximum density/optimum moisture, R-value, sieve analysis, and soil corrosivity which includes chloride and sulfate content and pH and minimum resistivity. For construction projects typical laboratory tests include maximum density/optimum mois- ture, sand equivalent, and strength tests for masonry, concrete, and steel. These tests will be conducted in our full service, certified laboratory located in San Diego. • Data Analysis: Following the collection of preexisting applicable project information and the acquisition of new data, if necessary, our highly qualified technical staff will review, compile and analyze the data so that the ap- propriate design and/or construction parameters can be formulated. Ninyo & Moore uses the most up to date engineering, seismic, and geophysical software as well as industry testing standards to facilitate the analysis. ` Reports: The presentation of our findings is crucial to adequately conveying our geotechnical information to the client and other design professionals. Depending on the needs of the City, the presentation of our findings, con- clusions, and recommendations can be done verbally, submitted in written reports, andlor provided jelectronically. Our information system department can prepare and help manage GIS databases for our clients. 5710 Ruffin Road San Diego, California 92123 6%DyO�/�OOre (858)576-1000 May 11, 2004 Proposal No. P-6349 City of Temecula Annual Agreement for Geotechnical and Materials Testing Services Geotechnical considerations that could be addressed include, but are not limited to, the following: • Grading • Earthwork • Settlement Considerations • Surface and Subsurface Drainage • Foundation, Column, and Slab Recommendations • Slope Stability • Soil Sulfate Content Implications • Utility Trench Backfill • Retaining Walls and recommended lateral earth pressures used for design • Pavement Design • Grading and Foundation Plan Review • Construction Monitoring • Pile driving, if necessary • Lateral Earth Pressures • Discussion of the existing pavement or site conditions. • Recommendations for removal of unsuitable material. • Soil Ferrous corrosivity, and Portland Cement attack potential. • Environmental concems/hazards • Discussion of the material encountered in the borings and measured engineering properties. • Preparation of field and final compaction reports as required. A summary of findings and recommendations in the report. • Review of project plans & specifications with emphasis on geotechnical and laboratory materials testing services and attend progress meetings as required. • Observation and field testing services during all phases of site grading (including but is not limited to re- moval of unsuitable soils, approval of areas to receive fill and mass fill placement). • Field observation and testing during trench backfilling operations. • Field density testing during subgrade and base compaction. • Field sampling & testing of base and asphalt concrete. • All necessary laboratory tests to support field services and to satisfy Caltrans and other regulatory agency requirements. • Batch plant inspections. • Structure backfill observation and testing. • Concrete sampling and testing • Consulting services requiring corrective and/or remedial recommendations, if necessary. • Observation and field testing services will be available on an on -call basis 24 hours a day. 5710 Ruffin Road San Diego, California 92123 (858)576-1000 7 ly/hy,7&*Gura EXHIBIT B PAYMENT RATES AND SCHEDULE May 11, 2004 Proposal No. P-6349 City of Temecula. Annual Agreement for Geotechnical and Materials Testing Services Principal Engineer/GeokigistlEnvironmental Scientist..................................................................................................................................... $ 128 Senior Engineer/Geologist/Environmental Scienfist......................................................................................................................................... $ 121 Senior Project Engineer/GedogisVEnvironmental Scientist............................................................................................................................ $ 118 Project Engineer/GedogisVEnvironmenlal Scientist........................................................................................................................................ $ 116 Senior Staff Engineer/Geologisf/Environmental Scientist................................................................................................................................ $ 112 Staff Engineer/Geologist/Environmental Scientist............................................................................................................................................ $ 98 FieldOperations Manager................................................................................................................................................................................. $ 86 SupervisoryTechnician ..................................................................................................................................................................................... $ 70 SeniorReldfLaboralory Technician.................................................................................................................................................................. $ 68 Reld4_aboratory Technician.............................................................................................................................................................................. $ 68 ACIConcrete Technician .................................................................................................................................................................................. $ 68 Concrete/Asphalt Batch Plant Inspector........................................................................................................................................................... $ 68 Special Inspector, Reinforced Concrete........................................................................................................................................................... $ 58 Special Inspector, Prestressed Concrete........................................................................................................................................................ $ 58 Special Inspector, Reinforced Masonry ............................................................................................................................................................ $ 58 SpecialInspector, Structural Steel.................................................................................................................................................................... $ 58 SpecialInspector, Welding. AWS..................................................................................................................................................................... $ 58 SpecialInspector, Fireproofing.......................................................................................................................................................................... $ 58 Nondestructive Examination Technician, UT, MT, LP..................................................................................................................................... $ 65 Concrete Coring Technician and Equipment.................................................................................................................................................... $ 95 PullTest Technician and Equipment................................................................................................................................................................ $ 71 IS/GIS Specialist................................................................................................................................................................................................ $ 76 TechnicalIllustrator/CADOperator................................................................................................................................................................... $ 76 GeotechnicaVEnvironmentaVLaboratory Assistant........................................................................................................................................... $ 61 InformationSpecialist........................................................................................................................................................................................ $ 45 OTHER CHARGES DirectProject Expenses.................................................................................................................................................................... Cost plus 15 % ExpertWMess Testimony....................................................................................................................................................................... $ 250mr Special Preparation of Standard Test Specimens................................................................................................................................... $ 591hr Steel and Concrete Specimen Pickup..................................................................................................................................................... $ 40hrip InclinometerUsage.................................................................................................................................................................................. $ 32/hr VaporEmission Kits................................................................................................................................................................................. $ 30/kit ReberLocator(Pacfwmeter).................................................................................................................................................................... $ 10/hr NuclearDensity Gauge Usage................................................................................................................................................................. $ 12/hr LoadCell................................................................................................................................................................................................... $ 10/hr FieldVehicle Usage.................................................................................................................................................................................. $ 6/hr NOTES For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8- hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. Ruffin Road San N%7yo&Moore San Diego, California 92123 21 (858)576-1000 l May 11, 2004 Proposal No. P-6349 City of Temecula Annual Agreement for Geotechnical and Materials Testing Services SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test AOerberg Linits,D4318, CT 234...................................................................................3 125 CementAnaysis Clemial as physical, C109........................................................ $ Quote California BeadngRatio (CBR),D1883................................. _...................................... $ 350 Caryressimresls,6x12CyfiKW,C39 ..................... _............................................. $ 19 Chloride aid SufalaConlen4CT417&CT422.................. ..................................... ...$ 100 ConcreteMbkDesignReview, Job Spec .................................................................. ....$ 125 Consolidation, D2435, CT 219.......... _...........................................................................$ 200 Concrete Mix Design, per Trial Batch, 6 cylinder, Act ............................................ _..$ 65D Carsokidon-Tine Rate, D 2435, CT 219.................................................... _........... $ 50 Concrete Cores, Cornpressim (BxdedBS sanping), C 42............................ _.......... $ 40 Direct Shear- Uncishabed,D3080, CT 222........................................ ........................ $ 190 Drying shrinkage, C157............................................. _........... _.................................... $ 19D Direct Shear -Renalded.D30lt0, CT 222...... ............................................................. $ 250 Flexural Tea C78.... _.................................................................................................... $ 40 fDurability Index, CT 229...................................................................................................$ 140 Flexural Test C 293.................................................................................. _.................. $ 45 i6paneenhoax D4829. UBC 18.2...... _................ _................................................... $ 140 FIBUWTestCTSM................................ _.......... _...................................................... .$ 50 6pasion Potential (Method A),D4546................................... ........ ............................ $ 130 GanbSholcreb,Panels,3cut coresparpaneland testAct ........... .................... $ 190 Expansive Pressure (Method C), D 4546......................................................................$ 130 Jobsite resting Laboratory ............................................................................................. ouote Ge hftTensie and Elorgaton real D 4632...........................................................$ 150 1#6migld Concrete Fill, Canpressbn, C 495................................................ _........ $ 30 "uic Canduchiy.D5084.......................... .............................................................. $ 250 Pebographic Analysis, C656........................................ ......... _..................................... E 1,000 Hydrometer Anatysle,D422, CT 203.............................................................................It 130 Sprift Tessoe Strength, C496................................................................................ ...$ 65 Pracbr Dersty, AASKTO T-180..... _._.._................ _....................... _................... _...... .$ 210 Proctor Dan* A, 8 and GO 1557 & D 698, CT 216........... .......................................$ 150 Reinforcing and Structural Steel 1 Mosbae,Ash, & Organic Matter of PeaVOrganic Soars ................... ....... _............ _...... $ 90 Frepmft DesityTes, UBC 76................... _.................. _.......................... ...... _.$ 50 Moisture Only, D2216, CT 226._........................................................... _......... _..... _..... $ 18 Hardness Test RadwM, A-M..... _....... _...................... _..........._...._...._..............._.$ 15 Moisture and Dan*, D 2937.........................................................................................$ 30 High Sbahgb Sot Nut & Washer CanFama oo, set A32...................................... $ IDD Pemneabily,CH, D2434, CT 220......... _................................................................._._.$ 200 SPA Rebbrfing Taste Test Act ....................... _........................ $ BD fpH and Basis", CT 643...............................................................................................$ 95 Pr9SeessStand(7wie),A416..................................... _......................................... 3 125 R-vatre,D2B44, CT301........... _............... ..._................................................................$ 215 Chemist Anaysis.A-AA-615.......... _._............................................................. _.... _$ 10D . Sand Equivalent D 2419, CT 217............................................................. ..... ................ $ 80 Renbrcing Tension or Bend up to No. 11, A 615 & A 706 ...................................... $ 42 Sieve AnaySis, D 422, CT 202........................................................................................$ 95 Structural Steel Tensis Test Up to 200,000 be, Sieve Analysis, 200 Wash, D 1140, CT 202..................................................................$ 75 (madhinig extra). A 370.............................................................................................3 52 sSpack Gra*, D 854....................................... .............................................................. $ 75 Welded Renbrorg Taste Test Up to No. 11 bars, Act ......................................... $ 46 Triabal Shear, C.D., three poi ls. CT 230........ .......................... _.................................. $ 350 Asghaf Concrete Trianaal Shear,C.U., three poets, D4767, CT 230.......................................................$ 325 Asphat Mix Oesigr, Calhwus...................................... _................. _ .............................. $ Quote 1 Tdax!W Shear,U.U., per potd,D2850, CT 230............................................................$ 125 Asphalt Mac Design Review, Job Spec .......................... _........................ _................... $ 135 Unconfrsd Compression, D 2166, CT 221............................... _............................... _.$ 160 Exeacfon,% Asphalt ihduding Gradation, D 2172, CT 310....... .... _..................... _$ 190 I . Wax Dandy,D1188..._.................. ......... _.... _................ _.......... _.............................. _..$ 75 Fin Sb{pig, CT 302..... ._... ................. ............... ................................... ........... ..... $ 80 Roofing Horan Stabkand Unf Weight CTMorASTM, CT366................................ _...... $ 140 Bua-up Roofing, cut-out samples, D 2829.......... ............ _................................ _........... $ 150 Marshal Stebk, Flow and Unit Weight T-245.............. _.......... _........................ _._.$ 150 Roolig Materials Analysis, D2829.............. _................ __..... _............................. _... $ 450 Maximum Theoretical Unit Weight D 2D41...... _........ ............................ .... ........... ..$ 80 iRoorng Tie Absorption, (set of5), UBC 153........... .... ... ........... ......................... _....$ 150 Swell, CT 305.._.... ...... ... ..... _....................... ................ _.................................. ... .It 80 Roorrg Tie Strength Test (set of 5), UBC 15b........................ _............ _.................. .$ 150 UM Weight sample or core, D 2726, CT 308............ .................................................. $ 75 Masonry A99- I. Brick Absorption, 244hour submersion, C 67.................................................................$ 35 Absorption, Coarse, C 127.......... _............................. ................................................. _$ 25 Brick Absorption,5daubofng,C67..... _.................................................. _..... _........... $ 48 Absorption, File, C128... _.... _.... _............. _....... _..... _................................................. $ 25 BndcAbsaptlon, 7-day, C 67............................................. ..........$ 53 Clay Lures and Friable Particles, C 142.... _........... _....... _......................................... $ 95 Brick Compression Test, C67.........................................................................................$ 34 Cleanness Value, CT227_............................................................................ _.............. $ 70 Brink Elfloressnce,C67............ _.._...................... _.................................. _................... $ 34 Crushed particles, CT205.................................................................... _....................... $ 13D rBrdMod" ofRupture, C67.................................................... _................................ 3 34 curability, Coarse, CT229..... .......... ...... ........ ......... _._._...... ............................... .$ 95 BddcModureasresivedC67...................................... .......... ......................... _........ Durability, Fire, CT 229...._.................................................. $ ..........................................70 Brick Saturation Cost 67............................... _............... _.................................. $ 44 LOSM 86S Abrasion,C 131 or 535................. _....................._........................... _.$ 165 Concrete Block Cor prassbn Test MIS, C 140.................. _.._......... ._.............. .$ 39 Moir melag properties of The aggregate, C 87.._..._.._............ .......... .......... -.$ 245 Comb Block Cadormears Package, C 90............. _................................... _.......... 3 350 Organic Ir pies, C 40.._... ... ...... _.............. _.._....... ...... .... ...... .................... ... $ 50 Concrete Bbdk Lisa Shrinkage, C 426.......................................................................$ 100 Potential Reactivity of Aggregate (Chemical Metwdl, C289................. _............. _..$ 350 CaxxeieBlock Unit We' and Sand Equivalent CT 217._............................................................................................$ 70 gd AbsaA Co a 14.................................._........._.......$ 34 Siva Analysis, Coarse Aggregate, C 136................................................................... $ 70 Cores, ComprasstonaStear Band, CA Code .................................._..................$ 34 Masonry Gran 3)M prism kxxryressbn, UBC 21.18_................................ _........... $ 19 Save Analysis, Fine Aggregate (including wash), C 136.......... _..................... _... _..$ 80 Masonry In -Place Shear Test UBC 21.6................................................... _.................. $ 125 Sodom Subla soundness (per sae traction), C 88........................ _........................ $ 80 Masonry Malar.2x4 cytrger mrnpressim, UBC 21.16.............................................3 19Speck Gravity, Coarse, C 127.......... _.............. _............ ............................................ $ 50 Masonry Prism, haf sae, oompressim, UBC 21-17............ ......................................... $ 90 arc Gravity, F'na, C 128............................ .......................................... I .................. $ 65 Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. ' 5710 Ruffin Road San Diego, California 92123 22 N%1yO�MOOre (858) 576.1000 I ITEM 18 APPROVAL CITYATTORNEY DIRECTOROF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: (William G. Hughes, Director of Public Works/City Engineer DATE: June 22. 2004 SUBJECT: Professional Landscape Plan Check and Inspection Services Agreement for Fiscal Year 2004-2005 PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council approve the annual professional services agreement for Fiscal Year 2004-2005 with PELA for landscape plan check and inspection services in the amount of $25,000.00 and authorize the Mayor to execute the agreement BACKGROUND: PELA is currently under contract with the Public Works Department CIP Division to provide landscape plan check and inspection services. These services are necessary to insure that future landscape improvements constructed as part of the City's Capital Improvement Program are designed and constructed to City standards. In order to avoid any lapse or delays in the plan check and inspection process, the Public Works Department CIP Division is proposing to continue the professional services agreement with PELA in the amount of $25,000.00 for Fiscal Year 2004-2005. Landscape plan check and inspection services will continue to be provided on an hourly basis, which is consistent with the accounting system for CIP projects. Funding for these services is available within each respective CIP project budget. FISCAL IMPACT: The consultant will submit a cost proposal for each service request. Oncea scope of service and schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under this agreement, unless directed otherwise by the City Manager or City Council. ATTACHMENT: Professional Services Agreement R:\Agenda Reports\2004\0622\PELA Agrment CITY OF TEMECULA ANNUAL FISCAL YEAR 2004-2005 AGREEMENT FOR PROFESSIONAL LANDSCAPE PLAN CHECK & INSPECTION SERVICES THIS AGREEMENT, is made and effective as of June 22, 2004, between the City of Temecula, a municipal corporation ("City') and PELA, ("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, 2004, and shall remain and continue in effect until June 30, 2005, unless terminated or extended pursuant to the provisions of this Agreement. 2. SERVICES. This is an annual contract for Landscape Plan Check & Inspection Services on an as needed basis. Consultant can perform any of the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. When there is a need for Landscape Plan Check & Inspection Services on an as needed services, the City will identify the specific scope of work, and request a fee schedule from the consultant. The City will instruct the consultant to proceed with the work once the exact scope of work and the associated fees are negotiated. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVALILING 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. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant 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. Consultant shall comply with the provisions of Sections 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 $25.00 for each calendarday, or portion thereof 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. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as negotiated and 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 tasks as directed by the City on an as needed basis. Any terms in Exhibit B other than the payment rates are null and void. The total cumulative annual amount shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000.00) forthe total term of the Agreement unless additional payment is approved as provided in this Agreement. rAagrmts\masters\2004-05 annual master\PELA contract2004-05/ajp b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for services in the amounts and in the manner as agreed to by the Director of Public Works/City Engineer and Consultant at the time City's written authorization is given to Consultant for the performance of said services. Any additional work in excess of the amount above shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. 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 4. 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 afterthe date of default and can terminate this Agreement immediately bywritten 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 (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. 8. 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 r:\agrmtsMasters\2004-05 annual master\PELA contract2004-05/ajp maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied 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 therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, togetherwith supporting documents, shall be maintained fora period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, ordamage to property arising out of Consultant'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. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. rAagrmts\masters\2004-05 annual master\PELA contract2004-05/ajp (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separatelyto this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. rAagrmts\masters\2004-05 annual master\PEtA contract2004-05/ajp (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraoe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. 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 anytime 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. 12. 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 anyway 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 byfailure of the Consultant to comply with this section. 13. 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 r:\agnnts\masters\2004-05 annual master\PELA contract2004-051ajp 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 thereunder 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 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. 14. 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 (1) 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. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: PEtA 637 Arden Drive Encinitas, California 92024 Attention: Michael G. Elliott, ASLA 15. 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. 16. 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. rAagrmts\masters\2004-05 annual master\PELA contract2004-05/ajp 17. 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 judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party s own independent investigation of any and all facts such party deems material. 19. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 orotherwise, 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 9commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of Califomia. 20. 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. rAagrmts\masters\2004-05 annual master\PELA contract2004-05/ajp IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. 'Alir9•1*t=L5l=K11Ai1 Michael S. Naggar, Mayor Attest: Susan W. Jones, CIVIC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT PELA 637 Arden Dr. Encinitas, CA 92024 (760) 944-8463 Michael G. Elliott, ASLA (Signatures of two corporate officers required for Corporations) rAagrmts\rnasters\2004-05 annual masterTELA oontract2004-05/ajp EXHIBIT A SCOPE OF SERVICES AND FEES ANNUAL FISCAL YEAR 2004-2005 AGREEMENT FOR PROFESSIONAL LANDSCAPE PLAN CHECK & INSPECTION SERVICES rAagrmts\masters\2004-05 annual master\PELA contract2004-05/ajp REC I� VED JUN 0 4 2004 CITY OF TEMECULA ENT June 3, 2004 Ms. Anita J. Pyle, Administrative Secretary CITY OF TEMECULA Public Works Department 43200 Business Park Drive Temecula, California 92589-9033 RE: City of Temecula, Public Works Department Landscape Plan Check & Inspection Services Dear Ms. Pyle, Beryl Yasinosky contacted our office regarding landscape plan check and inspection services for the Public Works Department. The following are our proposed scope of services and fees forwarded to you at her request: SCOPE OF SERVICES: A. Upon notification from the Public Works Department that construction plans are ready for review, PELA will pick up plans at the City. Two sets of plans will be required. B. PELA will review the plans verifying consistency with Public Works Department standards and specifications, map conditions of approval and CC&R's. One set of plans will be red -lined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with Public Works Department standards. Items not addressed in Public Works standards but that are outside of profession norms will also be marked for explanations from the applicant. C. PELA will return plans and plan check comments to the Public Works Department within two (2) weeks of receipt of the first submittal; one (1) week for second and third submittals. Plan check comments will also be provided via e-mail for use by the City. D. Once revisions have been resubmitted by the applicant, PELA will re -check the plans for conformance. Should all revisions have been made and all questions answered, the plans will be ready for approval. If all revisions are not made, one set of plans and the check list will be red - lined again and returned to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards and professional norms. E. Upon request of the Public Works Department, PELA will review and approve construction cost estimates of proposed improvements in order to determine bonding requirements if required for the project. F. Upon request of the Public Works Department, PELA will provide landscape construction inspection services in order to insure implementation is in conformance with the approved plans. A written report will be provided to the project manager after each inspection. 637 Arden Drive • Encinitas • California e 92024 9 (760) 944-8463 Ms. Anita J. Pyle June 3, 2004 Landscape Plan Check & Inspection Services Page 2 FEES: Fees for the above scope of services will be charged hourly at the following rate: $90.00 per hour Let me know if you need our office project experience list or personnel resumes for review. You should have our latest certificates of insurance that cover our office until August of 2004. We will be renewing them at that point and will forward updated documents at that time. Should you have any questions or need additional information, please feel free to contact me. Sincerely, PK. Michael G. Elliott Landscape Architect, No. 2011 OCity of Temecula Plan ChecksTublic Works Proposal.2004 ITEM 19 APPROVAL CITYATTORNEY `2 DIRECTOR OF FINA CITY MANAGER C CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: -'Jti-Ailliam G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Award the Construction Contract for Project No. PW01-02 State Route 79 South Sidewalk Improvement Project PREPARED BY: �fyAmer Attar, Principal Engineer d Avlin R. Odviar, Assistant Engineer RECOMMENDATION: That the City Council: Award a construction contractfor Project No. PW01-02 State Route 79 South Sidewalk Improvement Project, to C. S. Legacy Construction, Inc., in the amount of $152,825.00 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,282.50, which is equal to 10% of the contract amount. BACKGROUND: On February 24, 2004 the City Council approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. The project originally involved the preparation for and placement of concrete sidewalk, landscaping, and irrigation system adjacent to State Route 79 South (SR-79S), approximately between Interstate 15 and Pechanga Parkway. Placement of landscaping and irrigation was limited to the roadside area between SR-79S and the California Sunset Homes. Upon completion of the project, the California Sunset Homeowner's Association (HOA) would maintain the landscaping and irrigation system based on an agreement entered into by the City and HOA. After several months of negotiations, the City and HOA were unable to reach agreeable terms regarding the landscape maintenance. Thus, the above recommendations are based on the Base Bid project, as described in Addendum No. 1 dated April 19, 2004. That is, the project does not include any work related to the installation of landscaping or irrigation. Two (2) bids were received and publicly opened on Thursday, April 29, 2004. The Base Bid results were as follows: 1. C.S. Legacy Construction, Inc. 2. International Pavement Solutions $ 152,825.00 $ 189,175.00 A copy of the bid summary is available for review in the City Engineer's office. R1AGENDA REPORTS\2004\062204\PW01-02 AWARD.DOC Staff has reviewed the bid proposals and found C.S. Legacy Construction, Inc. of Corona, California to be the lowest responsible bidder for this project. C.S. Legacy Construction, Inc. has experience in the construction of hardscape and installation of landscaping and has successfully completed similar projects in Riverside and Orange Counties in the past. The Engineer's estimate for this project was $270,000.00. The specifications allow forty (40) working days for the construction of this project. FISCAL IMPACT: The State Route 79 South Sidewalk and Landscape Improvement Project is funded by Assembly Bills 2766 and 2928, and Assessment District 159. Rancho California Water District has acknowledged their responsibility to reimburse the City $10,500.00 for the work necessary to relocate their facilities and is processing a formal reimbursement agreement. Adequate funds are available in Account No. 210-165-734-5804 to cover the total project cost $168,107.50, which includes the contract amount of $152,825.00 plus 10% contingency of $15,282.50. ATTACHMENT: 1. Project Location 2. Project Description 3. Contract RIAGENDA REPORTS\2004\062204\PW01-02 AWARD.DOC d F 0 a --I / A / ">* z� F O a z to .v v Cl 0 O O O CD F °J o o n O v O U O N N N O U q of ss ss d ti cs GO O O N n b O N b O N 0 0 N 7 0 0 0 0 o to O o v C O N W) N N M N 6q 69 69 69 M M O M w N N O 0 .J v� vt vi s9 eu y U0 t1oy U u o {a H V V O QI q � ❑ N {. .�-. I Q U A U H L� "i(09u CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW01-02 STATE ROUTE 79 SOUTH SIDEWALK AND LANDSCAPE THIS CONTRACT, made and entered into the 22nd day of June, 2004 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and C.S. Legacy Construction, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW01- 02, STATE ROUTE 79 SOUTH SIDEWALK AND LANDSCAPE, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (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 PROJECT NO. PW01-02, STATE ROUTE 79 SOUTH SIDEWALK AND LANDSCAPE. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 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 PROJECT NO. PW01-02, STATE ROUTE 79 SOUTH SIDEWALK AND LANDSCAPE. 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. RACIRPROJECTSPW01PW01-02 SR79SouthlSpecs\Contract.doc 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: PROJECT NO. PW01-02, STATE ROUTE 79 SOUTH SIDEWALK AND LANDSCAPE 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: ONE HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED TEWENTY FIVE DOLLARS and NO CENTS ($152,825.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed forty (40) 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 shal the City Manager is hereby authorized by changes or additions to the work in an established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: I be approved by the City Council, except that the City Council to make, by written order, amount not to exceed the contingency as Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer 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 City Engineer may require. This schedule, as approved by the City Engineer, 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 thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. R1CIRPROJECTWW011PW01-02 SMSoutlSpecMContract.doc Contract The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (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. 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. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) 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. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. 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. CONTRACTOR is required to promptly notify CITY of any such delay. 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. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. RACIPIPROJECTSfW01NW01-02 SR79SouHSpecs\Contract.doc Contract Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 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. 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 CITY, 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 CITY. 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 he has no blood or marriage relationship, and that he is not in any way 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 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 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 RACIPTROJECTSiMITW01-02 SR79South\Specs\Contract.doc Contract places, including without limitation, the plans 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. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 Address: Street Address: William G. Hughes William G. Hughes Director of Public Works/City Engineer Director of Public Works/City Engineer City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590-3606 5 R:URPROJECTSTW011PW01-02 SR79SouhSpecslContract.doc Contract IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: DATED: CONTRACTOR C.S. Legacy Construction, Inc. 381 Jenks Dr. Corona, CA 92880 (909) 280-1600 Greg Strumpf, President Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CITY OF TEMECULA Michael S. Naggar, Mayor 6 RACIPIPRCJECTSIPW011PW01-02 SR79South\Specs\Contracldoc Contract ITEM 20 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: /�lNilliam G. Hughes, Director of Public Works/City Engineer DATE: ` June 22, 2004 SUBJECT: Pavement Rehabilitation Program — Citywide CCO #1 to Jefferson Avenue Pavement Rehabilitation — Phase II, Project No. PW02-26 — Additional Pavement Rehabilitation on Diaz Road PREPARED BY: Amer Attar, Principal Engineer - Capital Projects Mayra De La Torre, Associate Engineer — Capital Projects RECOMMENDATION: That the City Council authorize the City Manager to approve a contract change order to the contract with Griffith Company for an amount not to exceed $ 600,000.00, above the previously approved 10% contingency for the Jefferson Avenue Pavement Rehabilitation — Phase II, Project No. PW02-26 for Diaz Road Pavement Rehab pursuant to Pavement Rehabilitation Program — Citywide (PW04-01). BACKGROUND: On May 25, 2004, the City Council awarded a construction contract for Jefferson Avenue Pavement Rehabilitation — Phase II to Griffith Company in the amount of $1,997,758.95 and authorized the City Manager to approve change orders not to exceed a 10% contingency. The project includes complete pavement reconstruction, lowering the crown of the roadway within the project limits, replacement of problematic driveways and broken curb & gutter, utility relocations, signing & striping and traffic control. This project will improve and extend the life of the roadway and correct grade problems at many driveways, due to the high crown in the road and the steepness of some of the driveways. The additional work that staff is recommending is similar in nature to the pavement reconstruction work being performed on Jefferson Avenue. The rehabilitation work of this change order will be performed on Diaz Road, which in close proximity to Jefferson Avenue. Diaz Road has been identified in the City's Pavement Management Program as needing extensive maintenance. Staff is recommending that Griffith Company's contract, which encompasses similar work, be extended to include the pavement rehabilitation measures for Diaz Road, from north of Rancho California Road (i.e., approximately at Western Eagle Foundation) to Blackdeer Loop. The pavement reconstruction being proposed is a cost effective means of extending the life of the street surface. Griffith Company has reviewed the condition of Diaz Road and has submitted a cost proposal to complete the necessary repairs. Their cost of the proposed repairs is based on (a) maintaining their original unit prices for the street improvement bid items, as established in the original contract, and (b) adjusting some of the lump sum bid items, which will be affected by the additional work. FISCAL IMPACT: The proposed contract change orderwill be funded with monies included in the Pavement Rehabilitation Program — Citywide Account, Account No. 210-165-655-5804. R:\AGENDA REPORTS\2004\062204\PW02.26 CCO.DOC ATTACHMENTS: 1. Location Map — Jefferson Avenue 2. Project Description — Jefferson Avenue 3. Location Map — Pavement Management System 4. Contract Change Order Summary 5. Contract Change Order (CCO) No. 1 RAAGENDA REPORTS\2004\062204\PW02-26 CCO.DOC t R O a O O d O H w P. o a a 0 0 0 0 0 0 =d� 000S�o H_ O. E o v N N vOi U j oo ° « a` 00 o h o v o, b9 69 69 fA FA 69 vi O �1 O O O O O O Q W O Iq fA b9 69 fA 69 fA N O O O ? O O OOi V�1 T ~ O m O N � N 69 69 69 69 69 69 � N O O O ? O O vl O O v1 O 69 69 69 69 69 fA 69 FA 69 b9 m � Ay � C v 'C r 0 r C ( 0 U d O 0 O 0 N 0 N a [° W IO� h C Vl 00 I0, fA 69 69 69 PROJECT LOCATION Project Title: DIAZ ROAD - PAVEMENT MANAGEMENT SYSTEM _. JUN-U47LU04 IVJ-17 UKlrrl im t-unrHINT 0 1 b I 4 114 J47 4UJ3 1-.101/101 i :oePDR n OFFICE 12200 Bloomfield Ave. P.O. Bon 2150 Santa Fe Springs, CA 90670-0150 I5621 929-1128 tax 1567J 929-7116 B"ERSFIELD Dlmacr 1870 South Union Ave. PO. no.'701S7 Baker.fiMCL CA 93387-0157 166t1 &it 7331 L . 16611831-0113 Lod ANGEI.ES Dlarnrcr 1220D Bloomfield Ave. P.O. Box 2150 Santa Fo Springs, CA 90670.0150 15ra1 029.1128 IF.. 1562)864-8970 Oa E Ct>tr r DLM11 7 2020 South Yale Stmm Santa Ana. CA 92704-3974 p 141 549.2291 lax n1415a9-n0x1 SmVct DNISION 12200 Bloomfield Ave. P.O. Box 2150 Santa Fe Springs. CA 9%7MI.90 1E621 929-1126 fax 15621929-3799 Uximo;IOVND DM$ION t2200 aloon.field Ave. P.O. Boa 21S0 5antn Fe Springs, CA 90670-0150 G 121 FF I T H COMPANY June 4, 2004 Mayra De La Torre, PE City of Temecula 43200 Business Part: Drive Temecula, CA 92589-9033 Re: Jefferson Ave. Pavement Rehab Subject: Diaz Road Pavement Rehab Ms. De LaTorre, Per your request, here you will find a conformation for providing the additional work for Diaz Road. Griffith Company will uphold the same unit prices from the Jefferson project for the Diaz Road Rehab. The prices are as follows. 1. Mobilization 2. Traffic Control 3. Recycle A/C to Base 4, Roadway Excavation 5, CAB 6. Asphalt 7. ARHM 8.NPDES 9_ All striping Required 10. Adjusting of Utilities 5.5% of Change Order 2.3% of Change Order $.23 per S.F. $8.70 per C.Y. $19.60 per Ton $38.00 per Ton $53.00 per Ton 1. 3% of Change Order Per Unit Prices Per Unit Prices 15621929.1128 If you have any other questions, please feel free to call me at my office at (714) 49. 15621929-7116 549-2291. .w .Briffithcomparyrimee,t Contractor. Gt!7d P')7you, Ucanso lea Project Manager TOTAL P.01 CONTRACT CHANGE ORDER NO. 01 CONTRACT NO. PW02-26 Page 1 of 2 PROJECT: Jefferson Avenue Pavement Rehabilitation — Phase II; Project No. PW02-26 TO CONTRACTOR: Griffith Company NOTE: This change order is not effective until approved by the City Manager. CHANGE ORDER REQUESTED BY: City 1.1 DESCRIPTION OF WORK: The work includes complete pavement reconstruction of the westerly, southbound lane of Diaz Road from north of Rancho California Road (i.e., approximately at Western Eagle Foundation) to Blackdeer Loop. The Contractor has agreed to maintain their original unit prices for the street improvement bid items, as established in the original contract. The street improvement bid items include: (a) roadway excavation, (b) recycle asphalt concrete to sub -base, (c) crushed aggregate base, (d) asphalt concrete pavement, (e) asphalt rubber hot mix (ARHM), (f) adjusting utilities and (g) striping. For the affected lump sum items, the Contractor has provided a percentage of the actual work performed under this contract change to cover these added costs. The lump sum bid items affected by this change include: (a) mobilization at 5.5% of the actual work performed, (b) traffic control at 2.3% of the actual work performed and (c) NPDES at 1.3% of the actual work performed. This change order was requested by the City to include the pavement reconstruction improvements on Diaz Road to this Contract. Method of Payment: Agreed lump sum price Adjustment to working days: +20 $ 600,000.00 CCO 1 —TOTAL INCREASE...........................................................$ 600,000.00 Original Contract Amount.......................................................................................... $ 1,997,758.95 R:\CMPROIECTS\PW0PPW02-261W Ave R66-Phll\CCO\Griffi,h CCO OEd. CONTRACT CHANGE ORDER NO. 01 CONTRACT NO. PW02-26 Page 2 of 2 ThisChange............................................................................................................. $ 600,000.00 Previously Approved Changes................................................................................. $ 0.00 Total Adjusted Contract Amount.......................................................................... $ 2,597,758.95.00 Adjustment to Working Days................................................................................. 20 days Prepared Mayra De La Torre, Associate Engineer Submitted by: Date: City of Temecula — Amer Attar, P.E. Principal Engineer Approved: (as authorized by City Manager) City of Temecula — William G. Hughes, P.E. Director of Public Works/City Engineer Date: We the undersigned contractor have given careful consideration to the change proposed and hereby agree: If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above; and, perform all services necessary for the work specified above, and will accept as full payment the prices listed above. Accepted: Date: By: Name: Signature Printed Contractor: Griffith Company Title: Company name If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. R:\CIP\PROIECJS\PW02\PW02-2h Jeff. Ave Reha -PhIACCO\GnffiN CCO 01,doe ITEM 21 APPROVAL CITY ATTORNEY `2 DIRECTOR OF FINAL CITY MANAGER (� CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Award of Construction Contract for the Citywide Concrete Repairs — FY2003-04, Project No. PW04-11 PREPARED BY: Zner Attar, Principal Engineer cott Harvey, Associate Engineer DATION: That the City Council: Award a construction contract to International Pavement Solutions, Inc. in the amount of $172,415.00 for the Citywide Concrete Repairs — FY2003-04, Project No. PW04-11 and authorize the Mayor to execute the contract. Authorize the City Manger to approve change orders not to exceed the contingency amount of $17,241.50, which is equal to 10% of the contract amount. BACKGROUND: On May 25, 2004 the City Council approved the Project's Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. The Public Works Maintenance Division has completed their annual survey of damaged City maintained concrete improvements which include sidewalks, curb & gutter, cross gutters, spandrels, driveway approaches, access ramps, and under sidewalk drains. The facilities needing immediate repair are included in this project and have been grouped into localized areas to allow for cost effective bidding. Three (3) bids were received and publicly opened on Monday, June 14, 2004. The results were as follows: 1. International Pavement Solutions, Inc. $172,415.00 2. EBS, Inc. $185,595.00 3. R.J. Bullard $194,000.00 Staff has reviewed the bid proposals and found International Pavement Solutions, Inc., of San Bernardino, California to be the lowest responsible bidder for this project. Staff has contacted references and determined that International Pavement Solutions, Inc. has successfully completed similar projects for the City in the past. The specifications allow fifteen (15) working days remove and replace the concrete repairs. R:\AGENDA REPORTS'2004\062204\PW 04-11 Concrete AWARD.DOC A copy of the bid summary is available for review in the City Engineer's office The Engineering estimate was $140,000 FISCAL IMPACT: Adequate funds are available in the Public Works Department Maintenance Division FY20O3-04 Budget for Routine Street Maintenance, Account No. 001-164-601-5402. The total project cost is $189,656.50, which includes the contract amount of $172,415.00 plus 10% contingency of $17,241.50. ATTACHMENTS: Concrete Repairs List— FY2003-04 Contract R:WGENDA REPORT512004\0622041PW04.11 Concrete AWARD.DOC DEPARTMENT OF PUBLIC WORKS CONCRETE REPAIR LIST LOCATION - AREA #1 SCOPE OF WORK QUANTITY L F S F 45771 CLASSIC WAY 22 X 6 R & R SIDEWALK 132 457711 CLASSIC WAY 4 X 6 R & R DRIVE APPROACH 6" DEPTH 24 27479 ENTERPRISE CIRCLE WEST 6 X 5 R & R SIDEWALK 30 27479 ENTERPRISE CIRCLE WEST R & R CURB & GUTTER 10 30807 LOMA LINDA 20 x 6 R & R SIDEWALK & ROOT PRUNE 120 30807 LOMA LINDA R & R CURB & GUTTER 15 42221 MAIN STREET D/A BY BRIDGE 10 X 6 R & R SIDEWALK & ROOT PRUNE 60 42135 WINCHESTER ROAD WATER DISTRICT R & R UNDERSIDEWALK DRAIN 1 EA. CORTE GANZO AT CALLE HILARIO R & R SPANDRAL 13 X 12 6" DEPTH 156 W/S MERCEDES STREET- MORENO STREET 80' SO. R & R SIDEWALK 80 X 6 480 41915 BUSINESS PARK DRIVE 75' WO 2ND D/A OF HEXFET R & R SIDEWALK & ROOT PRUNE 35 X 5 175 NNV CORNER JEFFERSON AVENUE ® OVERLAND DRIVE R & R SIDEWALK 10 X 8 8 X 2 96 FELIX VALDEZ 0 VINCENT MORAGA R & R CROSS GUTTER 30 X 6 6" DEPTH 180 28373 FELIX VALDEZ R & R CURB & GUTTER AT D/A 21 BALDARAY CIRCLE AT FELIX VALDEZ AVENUE R & R SPANDRAL 10 X 14 6- DEPTH 140 BALDARAY CIRCLE AT FELIX VALDEZ AVENUE R & R HANDICAP RAMP 14 X 17 238 42255 BALDARAY CIRCLE R & R CURB & GUTTER 22 42255 BALDARAY CIRCLE 16 X 11 R & R SIDEWALK & ROOT PRUNE 176 C STREET AT SANTIAGO ROAD 25 X 7 R & R SPANDRAL 6" DEPTH 175 C STREET AT SANTIAGO ROAD 12 X 11 R & R CROSS GUTTER 6" DEPTH 132 C STREET END OF CUL DE SAC NORTH 31 X 6 R & R SIDEWALK & ROOT PRUNE 186 ACROSS FROM 29775 SANTIAGO 40 X 6 16 X 6 R & R SIDEWALK & ROOT PRUNE 336 WS SANTIAGO 100' E/O C STREET 23 X 2 R & R SIDEWALK & ROOT PRUNE 46 N/S SANTIAGO 75' E/0 C STREET 41 X 6 R & R SIDEWALK & ROOT PRUNE 246 WS SANTIAGO 25' E/O C STREET 20 X 6 R & R SIDEWALK & ROOT PRUNE 120 WS SANTIAGO AT C STREET 20 X 6 12 X 10 R & R SIDEWALK & ROOT PRUNE 240 S/E CORNER SINGLE OAK ® WESTERNLY BUSINESS PARK DRIVE R & R SIDEWALK & ROOT PRUNE 19 X 5 95 R:ULVNT CONCRETETONCRETE REPAIRS LISM2 LOCATION - AREA #1 SCOPE OF WORK f -:1I1.b�141. I GYM I R & R CURB & GUTTER R:UfAM CONCRETMCONCRETE REPAIRS LISMV LOCATION - AREA #2 SCOPE OF WORK QUANTITY L F SF 32194 VIA BANDE 5 X 6 R& R SIDEWALK 30 SAN CORNER COSMIC DRIVE AT NORTH STAR 23 X 6 R & R SIDEWALK & ROOT PRUNE 138 WB YNEZ ROAD 100' W/O CALLE HALCON 45 X 6 R & R SIDEWALK & ROOT PRUNE 270 N/B YNEZ ROAD 125' N/0 CALLE HALCON 25 X 6 R & R SIDEWALK & ROOT PRUNE 150 WE CORNER PAUBA ROAD AT YNEZ ROAD 16 X 6 R & R SIDEWALK & ROOT PRUNE 96 E/B PAUBA ROAD 75' E/O YNEZ ROAD 25 X 6 R & R SIDEWALK & ROOT PRUNE 150 E/B PAUBA ROAD 30V E/0 YNEZ ROAD 25 X 6 R & R SIDEWALK & ROOT PRUNE 150 E/B PAUBA ROAD 100' W/0 VILLA ALTURAS 35 X 6 R & R SIDEWALK & ROOT PRUNE 210 E/B PAUBA ROAD 20' W/0 VILLA ALTURAS 15 X 6 R & R SIDEWALK & ROOT PRUNE 90 S/B VILLA ALTURAS 20' W/0 VILLA ALTURAS 20 X 6 R & R SIDEWALK & ROOT PRUNE 120 NE CORNER CALLE HALCON AT VILLA ALTURAS 6 X 5 R & R SIDEWALK & ROOT PRUNE 30 N/B VILLA ALTURAS AT PAUBA 8 X 4 25 X 6 R & R SIDEWALK & ROOT PRUNE 150 W/B RANCHO VISTA ROAD 50' W/0 MARGARITA ROAD 80 X 6 R & R SIDEWALK & ROOT PRUNE 480 W/B RANCHO VISTA ROAD 75' W/0 ARGO COURT 100 X 6 R & R SIDEWALK & ROOT PRUNE 600 W/B RANCHO VISTA ROAD 75' W/0 SOUTHERN CROSS 110 X 6 R & R SIDEWALK & ROOT PRUNE 660 W/O RANCHO VISTA 151 MIRA LOMA W/B 12' IS HANDICAP 125 X 6 R & R SIDEWALK & ROOT PRUNE 750 W/B RANCHO VISTA ROAD 200' E/0 MIRA LOMA SIGNAL 40 X 6 R & R SIDEWALK & ROOT PRUNE 240 E/B RANCHO VISTA ROAD EVEN WITH POOL AT CRC 20 X 6 R & R SIDEWALK & ROOT PRUNE 120 E/B RANCHO VISTA ROAD E/S OF D/A MAIN D/A TO CRC 21 X 11 R & R SIDEWALK & ROOT PRUNE 231 E/B RANCHO VISTA D/A CLOSEST TO ARGO COURT D/A 46 X 6 R & R SIDEWALK & ROOT PRUNE 6" DEPTH 276 E/B RANCHO VISTA D/A CLOSEST TO ARGO COURT D/A R & R CURB & GUTTER 46 E/B RANCHO VISTA D/A CLOSEST TO ARGO COURT D/A R & R SIDEWALK 15 X 8 120 WE CORNER LA SERENA ROAD 0 S. GENERAL KEARNEY 31 X 14 R & R 2 HANDICAP RAMPS 434 SM CORNER S. GENERAL KEARNEY @ LA SERENA 10 X 10 R & R SIDEWALK & ROOT PRUNE 100 WE CORNER RANCHO CALIFORNIA ROAD AT MARGARITA ROAD R & R CURB & GUTTER 20 PAUBA ROAD APPROX. 500' W/0 FIRE STATION N/S R & R SIDEWALK 20 X 6 120 N/B MARGARITA RD EIS OF ST. APPROX. 2000' E/0 RANCHO VISTA R & R SIDEWALK & ROOT PRUNE 20 X 6 120 COSMIC DRIVE AT NORTH STAR 20 X 6 R & R SIDEWALK & ROOT PRUNE 120 REPAIR$ LIST2 LOCATION - AREA #2 42801 LAS VIOLETTA 42781 LAS VIOLETTA 42781 LAS VIOLETTA SCOPE OF WORK .._f1'Ili71P/�:177Ii7:C�l:[:?t:i�P]1�:11L`L 9 X 71 1 R & R DRIVE APPROACH & ROOT PRUNE R&RCURB & R:\MAIriTAIMCONCRETE\CONCRETE REPAIRS USM2 LOCATION - AREA #3 SCOPE OF WORK QUANTITY L F S F 30088 CORTE SAN LUIS 10 X 6 R & R SIDEWALK & ROOT PRUNE 60 YUKON ACROSS FROM SWEETSHADE R & R CROSS GUTTER 20 X 6 F DEPTH 120 41209 PROMENADE CHARDONNAY HILLS SIDE OF HOUSE R & R SIDEWALK 5 X 6 30 SM CORNER LA SERENA AT CALLE PINA COLADA R & R SIDEWALK 18 X 6 108 30148 CORTE PLATA 24 X 6 R & R SIDEWALK 144 41940 KAFFIRBOOM COURT 15 X 6 R & R SIDEWALK & ROOT PRUNE 90 41990 HUMBER 15 X 6 R & R SIDEWALK & ROOT PRUNE 90 ANACONDA A T HUMBER 37 X 7 R & R CROSS GUTTER 6" DEPTH 259 31082 RIVERTON 21 X 6 R & R SIDEWALK & ROOT PRUNE 126 31082 RIVERTON 6 X 4 R & R DRIVE APPROACH & ROOT PRUNE 6" DEPTH 24 41986 ROANOAKE STREET 20 X 11 R & R HANDICAP RAMP & ROOT PRUNE 220 30278 MERCY COURT 14 X 6 R & R SIDEWALK & ROOT PRUNE 84 ANACONDA COURT AT HUMBER 37 X 6 R & R CROSS GUTTER 6" DEPTH 222 R:U1AI MMCONCMMCONCME REPAIRS LISM2 LOCATION - AREA #4 SCOPE OF WORK QUANTITY L F S F AVENIDA VISTA LADERA 8 X 6 R & R SIDEWALK & ROOT PRUNE 48 DEER MEADOWS AT NORTH GENERAL KEARNEY (10X6) R & R SIDEWALK 10 X 6 120 N/S SOLANA ROAD W/B 300' E/0 MARGARITA ROAD R & R UNDERSIDEWALK DRAIN 1 EA. N/S SOLANA ROAD W/B 300' E/0 MARGARITA ROAD R & R SIDEWALK 11 X 6 66 W/S NORTH GENERAL KEARNEY S/O NICHOLAS ROAD (20 X 6) (15 X 6) R & R SIDEWALK & ROOT PRUNE 10 X 6 15 X 6 360 29829 VIA SEVILLE R & R SIDEWALK 18 X 6 108 29831 VIA SEVILLE R & R SIDEWALK 11 X 6 66 29831 VIA SEVILLE R & R DRIVE APPROACH 17 X 6 6" DEPTH 102 TOTAL ACCESS RAMP 892 SO. FT. TOTAL CROSS GUTTER 913 SO. FT. TOTAL CURB AND GUTTER 182 SO. FT. TOTAL SPANDRAL 471 SO. FT. TOTAL SIDEWALK 9,821 SO. FT. TOTAL UNDERSIDEWALK DRAINS 9 EA. TOTAL DRIVE APPROACH 363 SO. FT. RUTAI MMCONCRETEICONCRETE REPAIRS LISMM CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW04-11 CITYWIDE CONCRETE REPAIRS FY2003-2004 THIS CONTRACT, made and entered into the 22nd day of June, 2004 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and International Pavement Solutions, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW04- 11, CITYWIDE CONCRETE REPAIRS FY2003-2004, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (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 PROJECT NO. PW04-11, CITYWIDE CONCRETE REPAIRS FY2003-2004. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 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 PROJECT NO. PW04-11, CITYWIDE CONCRETE REPAIRS FY2003-2004. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 R:\CIP\ProjectsjPW 04-11\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: PROJECT NO. PW04-11, CITYWIDE CONCRETE REPAIRS FY2003-2004 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: ONE HUNDRED SEVENTY TWO THOUSAND FOUR HUNDRED FIFTEEN DOLLARS and NO CENTS ($172,415.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed fifteen (15) 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. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (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. B. 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 CONTRACT C-2 RAC IP\ProjectsJPW 04-11 \Contract the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. C. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. D. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) 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. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. 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. CONTRACTOR is required to promptly notify CITY of any such delay. 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. These rates are available from the California Department of Industrial Relations's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 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 $25.00 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. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. CONTRACT C-3 RACIP\Proje tsIPW04-11\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 CITY, 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 CITY. 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 he has no blood or marriage relationship, and that he is not in any way 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 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 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 plans 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. CONTRACT C-4 RACIP\Proje tsJPW04-11\Contract 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. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT C-5 R:\CIP\ProjectsJPW04-11\Contract IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR International Pavement Solutions, Inc. P.O. Box 10458 San Bernardino, CA 92423-0458 (909)794-2101 Dennis C. Rieger, President/Treasurer By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Michael S. Naggar, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT C-6 RACIP\Proje tsIPW04-11\Contract ITEM 22 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: IWAWilliam G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Award a construction contract for Pechanga Parkway Phase IIB Storm Drain Improvements (Wolf Valley Creek Channel — St. 2) Project No. PW99-11 CH PREPARED BY: Greg Butler, Principal Engineer RECOMMENDATION: That the City Council: Award a construction contract for Pechanga Parkway Phase IIB Storm Drain Improvements (Wolf Valley Creek Channel - Stage 2) Project No. PW99-11 CH, to Road Builder's, Inc. in the amount of $2,940,768.42, and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $294,076.84 which is equal to 10% of the contract amount. BACKGROUND: On April 20, 2004 City Council approved the Wolf Valley Creek Infrastructure Funding and Acquisition Agreement between the City, the County of Riverside, and Wolf Creek Development, LLC. Language in this agreement required that the City be the contracting entity for the Wolf Valley Creek Channel Improvements if AD159 funds were to be used to fund the proposed improvements. Because this agreement was being negotiated long before its approval date the City, working with the Wolf Creek Developer and the County, prepared the bid package for the subject improvements. The Pechanga Parkway Phase IIB Storm Drain Improvements (Wolf Valley Creek Channel - Stage 2) Project No. PW99-11 CH is a part of the Pechanga Parkway improvement project. Four (4) bids were received and publicly opened by the City on January 27, 2004. The results of the base bids based on 90% complete plans were as follows: 1. Road Builders, Inc. $ 1,934,078.42 2. Cass Construction $ 2,116,443.66 3. McLaughlin Engineering & Mining, Inc. $ 2,175,323.55 4. Steve Bubalo Construction Co. $ 3,662,411.90 A copy of the bid summary is available for review in the City Engineer's office. RAGENDA REPORTS\2004\062204\PW99-11CH AWARD.DOC Staff has reviewed the bid proposals and determined that Road Builders, Inc. of Murrieta, California is the lowest responsible bidder for this project. Road Builders, Inc. has extensive channel and storm drain facility construction experience and has successfully completed similar projects in Riverside County in the past. The improvements included in this project will ultimately be owned and operated by Riverside County Flood Control & Water Conservation District (RCFC). In an effort to expedite the project the contract was bid with 90% complete plans which were to be approved by RCFC prior to going to construction. The contract being awarded is based upon the approved plans, which included increases to several items of work, thus increasing the cost of the base contract to $2,499,983.42, the scope of work for the project though is the same. The bids for the project also included some alternate items of work, demolition of an existing culvert and the installation of the channel's reinforced turf lining. At the time the project was advertised and bid these alternate items of work were being considered for inclusion in other projects. At this time it is clear that including these alternate items of work in this contract is the most economical and effective means of completing the alternate items. The amount of the alternate bid was $440,785.00 by Road Builders, Inc. for a total contract of amount of $2,940,768.42 plus 10% contingency. FISCAL IMPACT: The Pechanga Parkway Phase 1113 Storm Drain Improvements (Wolf Valley Creek Channel - Stage 2) is a Capital Improvement Project funded by County of Riverside AD-159 and the Wolf Creek Community Facilities District (CFD). Both the County AD 159 and the Wolf Creek CFD have been formed and bond proceeds are available for use on this project. Adequate funds have been appropriated for the Pechanga Parkway Phase IIA Storm Drain Improvements (Wolf Valley Creek Channel - Stage 2), Project No. PW99-11CH. The total project cost is $3,234,845.26, which includes the base contract amount of $2,499,983.42, plus the alternate items of work which total $440,785, plus a 10% contingency of $294,076.84. ATTACHMENT: 1. Location Map 2. Project Description 3. Contract R:\AGENDA REPORTS\2004\062204\PW99-11CH AWARD.DOC z� �b v � q o N C N 7 G N � O N R. 0.l L7�a y O N a a N U a N O 3 w o N � m OM cd.C� i O �•3 �u"b c> of b d as v 0 J 3�O 'N My ba G O U o a Co Ca N F4 00 Q3� r�cC�•� u m C " w o appi A. w J7 0 0 0 � 0 0 0 o r o o b o 0 0 p %° 0 0 ° O O �n 0 0 n d b O O O O O N � � O O O O 0 0 0 0 0 c o 00 00 O N a N tin 69 64 69 b9 0 o r O O o o r � oo�00000�o 0 0 0 0n o 0 0 0 �n m n w oo` oo of Fn vs ss vi vi v� v> 3 C4 rn o cs vi vj h Q N N C a°n m =M Vy �16-1 0 G G G '0 '0 C G � •� N � O 'O R 43 F d d UUQ W .4E- coos°. (D O rn rn .� o o ll m a vbi. N fltl�V)fi(I W O u 0 E CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW99-11 CH PECHANGA PARKWAY PHASE IIB STORM DRAIN IMPROVEMENTS (WOLF VALLEY CREEK CHANNEL — ST. 2) THIS CONTRACT, made and entered into the 22nd day of June, 2004 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Road Builders, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW99- 11CH, PECHANGA PARKWAY PHASE 116 STORM DRAIN IMPROVEMENTS (WOLF VALLEY CREEK CHANNEL — ST. 2), Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (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 PROJECT NO. PW99-11CH, PECHANGA PARKWAY PHASE IIB, STORM DRAIN IMPROVEMENTS (WOLF VALLEY CREEK CHANNEL — ST. 2). Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 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 PROJECT NO. PW99-11CH, PECHANGA PARKWAY PHASE IIB, STORM DRAIN IMPROVEMENTS (WOLF VALLEY CREEK CHANNEL — ST. 2). In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed CONTRACT C-1 R:ICIP1ProjectslPW99-11CHIRoad Builders Contract 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: PROJECT NO. PW99-11CH PECHANGA PARKWAY PHASE IIB STORM DRAIN IMPROVEMENTS (WOLF VALLEY CREEK CHANNEL — ST. 2) 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: TWO MILLION NINE HUNDRED FORTY THOUSAND SEVEN HUNDRED SIXTY EIGHT DOLLARS and FORTY TWO CENTS ($2,940,768.42), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed One Hundred (100) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 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. /_�■ILLI���L�J7tQ&iol:F4711" Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer 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 City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: CONTRACT C-2 RACIPIProiecfs1PW99-1 1CMRoad Builders Contract Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (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. 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. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) 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. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. 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. CONTRACTOR is required to promptly notify CITY of any such delay. 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. CONTRACT C-3 R9CIMProjectslPW99-11CHIRoad Builders Contract 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. These rates are available from the California Department of Industrial Relations's Internet Web Site at hftp://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 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 $25.00 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. 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 CITY, 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 CITY. 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 he has no blood or marriage relationship, and that he is not in any way 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 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. CONTRACT C4 R1CIPIProjects; PW99-11CHIRoad Builders Contract 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever 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 plans 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. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. CONTRACT C-5 RACIP\Projects\PW99-11CH\Road Builders Contract 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 Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT C-6 RACIP1Projects1PW99-11CH1Road Builders Contract IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Road Builders, Inc. 38040 Borel Rd. Murrieta, CA 92563 (909) 696-6962 Joseph Augustine, President Print/Type Name & Title (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor CONTRACT C-7 R1CIP1Projects\PW99-11CMRoad Builders Contract ITEM 23 CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: AW illiam G. Hughes, Director of Public Works/City Engineer DATE: June 22. 2004 SUBJECT: Completion and Acceptance of the Asphalt Crackfill Project— FY 2003-2004, Various Streets, Project No. PW04-04 PREPARED BY: /dreg Butler, Principal Engineer (/ Mayra De La Torre, Associate Engineer RECOMMENDATION: That the City Council: Accept the construction of the Asphalt Crackfill Project — FY 2003-2004, Various Streets, Project No. PW04-04, as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and; Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On March 23, 2004, City Council awarded a construction contact for Project No. PW04-04 Asphalt Crackfill Project— FY2003-2004, Various Streets to Bond Blacktop, Inc. in the amount of $89,722.00. The project involved removing debris from cracks in the road surface of various streets and filling the cracks with an asphalt, grey crackfiller material. This inhibits the infiltration of water into the road structural section and prolongs the service life of the pavement. This Asphalt Crackfill Project is part of the Annual Street Maintenance Program. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. No contract change orders were issued during the project. All work will be warranted for a period of one (1) year from the date of acceptance by the City. The final amount of the contract is $89,722.00. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. FISCAL IMPACT: This project was funded with Public Works Department, Maintenance Division, Routine Street Maintenance funds in operating budget account no. 001-164-601-5402. The final project cost is $89,722.00, which was the original contract amount, as no change orders were issued and no contingency was used. r AGENDA REPORTS2004/062204/PW04-04 Cmckfill Acceptance ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit r.\AGENDA REPORTS/2004/062204/PW04-04 Cmckfill Acupmnm RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Perk Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest Vendee Under Contract. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to Bond Blacktop, Inc., P.O. Box 616, Union City, CA 94587to perform the following work of improvement: ASPHALT CRACKFILL PROJECT FY 2003-2004 — VARIOUS STREETS Project No. PW04-04 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on June 22, 2004. That upon said contract the Great American Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: ASPHALT CRACKFILL PROJECT 2003-2004 — VARIOUS STREETS Project No. PW04-04 6. The location of said property is: Various City Streets, Temecula, California Dated at Temecula, California, this 22ND day of June, 2004 City of Temecula Susan W. Jones CMC, City Clerk STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE I ss CITY OF TEMECULA I I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 22"a day of June, 2004. City of Temecula Susan W. Jones CMC, City Clerk RAMPROJECTSXM04\PW 04 Asphalt Cmcktill\COMPLETION NOTE.Eoc O5/27/2004 12:09 FAX 510 441 9982 BOND BLACKTOP. Inc. la002/003 BOND #4076052(M) CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO, PW04.04 ASPHALT CRACKFILL PROJECT- FY 2003-2004, VARIOUS STREETS KNOW ALL PERSONS BY THESE PRESENT THAT: Bond Blacktop, Inc., P.O. Box 616, Union City, CA 94587 NAME AND ADDRESS CONTRACTOR'S a Corporation hereinafter called Principal, and (101 in whether a Corporation, Partnership or individual) Great American Insurance Company, 1350 Treat Blvd., #300, walnut Creek, CA 94596 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal Sum of Eight Thousand Nine Hundred Seventy Two--- DOLLARS and _ twenty CENTS ($ 8,972.20 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 23rd day of March 2004, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW04- 04, ASPHALT CRACKFILL PROJECT- FY 2003-2004, VARIOUS STREETS. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on May 26 , 2004. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder,: then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. MAINTENANCE BOND MB-1 HACIPIPPOJECTSNW04WW0 04 Asphzll CreckfiWpea Spe for PW04.04 ClIkVILdw 05/27/2004 12:11 FAX 510 441 9982 BONI) BLACKTOP, Inc. ....._............ . Q003/003 The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 27th day of May , 2004. (Seal) SURETYGreat American Insurance Company PRINCIPAL Bond Blacktop, Inc. By: Erin Bautis a (Name) Attorney -in -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attomey (Name) (Title) (Name) Of MAINTENANCE BOND MB-2 P.i.CIP1PROJECTS1PW04NW04-04 Asph?Jl CWVIIPSp kSp for PW04-04 CrakUll.doc California All Purpose Acknowledgment State of California County of San Mateo On May 27, 2004 before me, Jean L. Neu, Notary Public Date Name & Title of Officer/Notary personally appeared Erin Bautista Nomes(s) of Signers(s) personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the some in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. JEAN L. NEU Commission 01332209 i Notary public- Califomia i San Mateo County My Comm. Elites Dec21, 2 (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document Other Signer(s) No. of Pages h:\docs\s urety\forms\nota ry. doe GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 4522 • 513-369.5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14205 POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attomey-in- fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power ERIN BAUTISTA ALL OF ALL JEAN L. NEU REDGJOOD CITY, UNLIMITED JODY A. JOHNSON CALIFORNIA' BRYAN D. MARTIN This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact famed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 23rd day of April, 2004 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss On this 23rd day of April, 2004 before me personally appeared DOUGLAS R. BOWEN, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretvship, or other written obligations in the nature thereof,- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of anv of the aforesaid officers and anv Secretary or Assistant Secretary of the Company maybe affued byfacsimile to any power of attorney or certificate of either given for the execution of anv bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when so usedbeing herebv adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affued. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 27th day of May 1 2004 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW04-04 ASPHALT CRACKFILL PROJECT- FY 2003-2004, VARIOUS STREETS This is to certify that BOND BLACKTOP, INC., (hereinafter the "CONTRACTOR") declares I to the City of Temecula, under oath, that he/shefit has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW04-04, ASPHALT CRACKFILL PROJECT- FY 2003-2004, VARIOUS STREETS, situated in the City of t Temecula, State of California, more particularly described as follows: VARIOUS CITY STIEETS IN THE CITY OF TEMECULA INSERT ADDRESS OR DESCRIBE LOCATION OF WORK i I The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any f unpaid sums owing to the CONTRACTOR. I Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. CONTRACTOR Dated: 5/27/04 By. A04d Signature ED DILLON, PRESIDENT Print Name and Title RELEASE R-1 RACIPIPR0JECTS\PW04`PW" Asphalt Crackfil%pecs\Specs for PW" Crackfill.dw ITEM 24 CITY ATTORNEY 'Z DIRECTOR OF FINANCE CITY MANAGER L CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: rwoilliam G. Hughes, Director of Public Works DATE: June 22, 2004 SUBJECT: Public Works Fiscal Year 2004-2005 Annual Maintenance Agreements PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the Annual Maintenance contracts for Fiscal Year 2004-2005 with: 1. Murrieta Development Co., for an amount not to exceed $ 50,000.00 2. NPG, Inc. (aka Nelson Paving & Sealing) for an amount not to exceed $ 50,000.00 3. Monteleone Contractors, Inc., for an amount not to exceed $100,000.00 4. Toran Development & Construction for an amount not to exceed $100,000.00 5. Road Works, Inc. for an amount not to exceed $100,000.00 6. Strong's Painting for an amount not to exceed $100,000.00 7. Becker Engineering for an amount not to exceed $200,000.00 8. Imperial Paving Company, Inc., for an amount not to exceed $200,000.00 9. Rene's Commercial Management, for an amount not to exceed $200,000.00 BACKGROUND: Each year the City enters into numerous citywide routine street and storm drain maintenance agreements with various contractors that perform minor (small job) maintenance work throughout the City. These jobs usually range in cost from over $1,000 to under $25,000 and involve miscellaneous repairs to roadways, drainage areas, sidewalks, curbs, cutters, storm drains, including excavation and emergency call -out. Nevertheless, each job requires an agreement between the City and the contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under agreement nine (9) contractors that are very capable of performing routine jobs and emergency repairs with little notice. Essentially, these agreements will give staff administrative tools needed to efficiently execute minor routine maintenance and emergencywork by having executed agreements which satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher more responsive maintenance capability. Also, in the event of harsh weather that can impinge the safety of the City roadways, and other City maintained areas, these agreements can facilitate an expedient reaction and resolution to adverse conditions without jeopardizing administrative requirements. It is important to understand that the not to exceed $50,000.00 to $200,000.00 amounts does not necessarily mean it will be spent but rather is a ceiling to operate on an as needed basis. rAagdrpt\2004\0622\Annua1 04-05 Mainl Agreements.AGN/ajp Although some jobs may be better accomplished by one contractor because of equipment availability, timing issues and job location, every effort will be made by staff to distribute the work load evenly between these contractors. The contractor will be responsible for providing a work proposal for each job, which must be approved by staff before any work is started. Staff mailed letters to thirteen (13) contractors in the local area that could meet the described minor routine maintenance work required. The letters requested time and material pricing for both labor and equipment rates. It also included holiday and overnight rates. Nine (9) out of the thirteen (13) contractors responded and provided competitive labor and equipment rates as seen in Exhibit'B" of each agreement. Review of these rates has determined they are consistent with current prevailing wages and current hourly equipment rates previously paid by the City. The contractors listed below responded to the request for time and material rates and are recommended for a not to exceed $50,000.00 to $200,000.00 agreements for a one (1) year term. Comoanv Amount not to Exceed 1. Murrieta Development Co. 2. NPG, Inc. (aka Nelson Paving & Sealing) 3. Monteleone Contractors, Inc. 4. Toran Development & Construction 5. Road Works, Inc. 6. Strong's Painting 7. Becker Engineering 8. Imperial Paving Company, Inc. 9. Rene's Commercial Management $ 50,000.00 $ 50,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $200,000.00 $200,000.00 $200,000.00 Term 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year2004-2005 Public Works, Maintenance Division Operating Budget for; Drainage Facility Maintenance Account No. 001-164-601- 5401; Routine Street Maintenance Account No. 001-164-601-5402; Old Town Repair & Maintenance Account No. 001-164-603-5212; and Other Outside Services Account No. 001-164-603-5250. ATTACHMENT: 1. Contractor Mailing List 2. Contracts rA@gdrpt\2004\0622\Annua1 04-05 Maint Agreements.AGN/ajp Contractor Mailing List FISCAL YEAR 2004-2005 N P G Corporation (Nelson Paving) P.O. Box 1515 Perris, CA 92575 2. Del Rio Enterprise 42181 Avenida Alvarado Temecula, CA 92590 3. Walter K. Becker (DBA Becker Engineering) P.O. Box 890365 Temecula, CA 92589-0365 4. Rene's Commercial Management 1002 Luna Way San Jacinto, CA 92583 5. Monteleone Contractors, Inc. 39054 Camino Hermosa Murrieta, CA 92563 6. Toran Development & Construction (Gary Clapp) 37110 Mesa Rd Temecula, CA 92592-8633 7. Murrieta Development 42540 Rio Nedo Temecula, CA 92590-3727 8. Cajer Equipment Rental (Bruce Feaver)I P.O. Box 585 Temecula, CA 92593 (909) 841-8803 9. Imperial Paving Co., Inc. Fritz Coy 13555 E. Imperial Highway Whittier. CA 90605 10. Pacific West Construction Arthur R. Coltrain Jr. 637 N. Emerald Dr. Vista, CA 92803 (760) 639-1729 / FAX (760) 639-1904 11. David & Dixie Minnesang DBA: Minnesang Pest Specialists 27636 Ynez Rd., L-7, #101 Temecula, CA 92591 (909) 699-2661 / FAX (909) 699-6008 r:\agdrpt\2004\0622\Annua1 04-05 Maint Agreements.AGN/ajp 12. Strong's Painting 31265 Saddleback Lane Menifee, CA 92584 (909) 679-4554/CELL (909) 730-5445 13. Road Works, Inc. Attn: Kelly Blocker 303 Short St. Pomona, CA 91756 rAagdrpt\2004\0622\Annua1 04-05 Maint Agreements.AGN/ajp CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2004-2005 FOR CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 22, 2004 by and between the City of Temecula, ("City") and MURRIETA DEVELOPMENT COMPANY, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. RAmaintain\workordersWurrieta 04-05 Agrmt\master const agrmt 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department Industrial Relations' Internet web site http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 2 Umaintain\workorders\Murrieta 04-05 Agrmt\master court agrmt 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the R:\maintain\workorders\Murrieta 04-05 Agrmt\master court agrmt 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, its 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, its officers, officials, employees and volunteers. Any insurance or self insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraee. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. No employee benefits shall be RAmaintain\workorders\Murrieta 04-05 Agrmt\master coast agrmt available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. iTTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. 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 R:\maintain\workorders\Marieta 04-05 Agrmt\master court agrmt 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: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Murrieta Development Co., Inc. 42540 Rio Nedo Temecula, California 92590 (909) 719-1680 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the patties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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. 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. RAmaintain\workorders\Murrieta 04-05 Agrmt\master const agrmt 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. RAmaintain4orkorders\Mumiem 04-05 Agrmt\master const agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR MURRIETA DEVELOPMENT CO., INC. 42540 Rio Nedo Temecula, CA 92590 (909)719-1680 Dennis T. Cissell, President R:\maintain\workorders\Murrieta 04-05 Agrmt\master cons[ agrmt EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 RAmaintain\workorders\Murrieta 04-05 Agrmt\master COW agrmt EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\Murriem 04-05 Agrmt\master west agrmt MURRIETA DEVELOPMENT CO., INC. DENNIS T. CISSELL, PRESIDENT TODD K. CLOSE, VICE PRESIDENT RENTAL RATES -OPERATED 2/s/2004 320 CAT $ 165.00 /HR MISC/r.nm,.�., s 330 CAT $ 185.00 /HR 345 CAT $ 225.00 /HR 416/420 CAT $ 90.00 /HR 4300 LINKBELT $ 185.00 /HR POWER BROOM $ 335.00 /DAY COMPACTION EQUIPMENT COMPACTION WHEEL -ON ANY EQUIPMENT $ 33.00 /HR REX COMPACTOR $ 125.00 /HR STOMPER $ 110.00 /HR WACKER /VIBRATORY PLATE $ 100.00 /DAY DOZERS 650 JOHN DEERE w/SLOPE BOARD $ 110.00 /HR D-4H CAT w/SLOPE BOARD $ 110.00 /HR D-6M CAT $ 135.00 /HR D-6R CAT $ 150.00 /HR LOADERS 926 CAT (1/2 Yard Bucket) $ 105.00 /HR 950 CAT (3/4 Yard Bucket) $ 125.00 /HR 966 CAT $ 135.00 /HR SKIPLOADERS JOHN DEERE 210-L $ 85.00 /HR MASSEY-FERGUSON MF50 $ 85.00 /HR AIR COMPRESSORS / JACK HAMMERS $ 150.00 /DAY AIR TESTING /PRESSURE TESTING (Equipment Only) $ 200.00 /DAY BLOWER $ 100.00 /DAY CEMENT MIXER $ 65.00 /DAY CHOP SAW $ 125.00 /DAY CREW TRUCK $ 25.00 /HR DUMP TRUCK $ 80.00 /HR DUMP TRUCK w/TRAILER $ 90.00 /HR END DUMP $ 90.00 /HR FOREMAN $ 65.00 /HR GAS DETECTION (Equipment Only) $ 65.00 /DAY GENERATOR - HAMMER DRILL $ 65.00 /DAY GRADE CHECKER $ 50.00 /HR GRINDER $ 32.00 /DAY GRIZZLY SCREEN $ 250.00 /DAY HOT TAP MACHINE $ 300.00 /EA HYDROSTATIC PUMP $ 125.00 /DAY LABORER $ 38.00 /HR LEAK LOCATING (Equipment Only) $ 200.00 /DAY LOWBED $ 100.00 /HR OPERATOR $ 45.00 /HR ROLLER $ 250.00 /DAY SILVER SOLDERING $ 60.00 /HR TRASH PUMPS & HOSES $ 105.00 /DAY TRUCK & TRANSFER $ 85.00 /HR WATER TRUCK $ 75.00 /HR WAYNE'S BALL (Equipment Only) $ 90.00 /DAY WELDER $ 72.00 /HR ALL HOURS IN EXCESS OF 8 HOURS PER DAY AND/OR 40 HOURS PER WEEK WILL BE CHARGED AT TIME AND A HALF. CONTRACT LABOR WILL BE CHARGED AT HALF TIME HOURLY RATE TO DEVELOPER. THERE WILL BE NO CHARGE FOR OPERATOR WITH RENTAL OF EQUIPMENT WITH THE EXCEPTION OF OVERTIME. 42540 RIO NEDO, TEMECULA, CA 92590 • CALIF. LIC. #558592 • (909) 719-1680 • FAX (909) 719-1684 CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2004-2005 FOR CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 22, 2004 by and between the City of Temecula, ("City") and NPG, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. R:\maintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department Industrial Relations' Internet web site http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. S. 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 3. 9. 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, the 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 (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. 2 R:\maintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the RAmaintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt 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, its 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, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraee. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. No employee benefits shall be R:\maintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. 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 RAmaintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt 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: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: NPG, Inc. P.O. Box 1515 Perris, California 92572 (909) 940-0200 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROH BITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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. 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 parry is entering into this Agreement based solely upon the representations set forth herein and upon each parry's own independent investigation of any and all facts such party deems material. R:\maintain\workorders\wntract masters\2004-2005\NPG 04-05 Agrmt 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. R:\maintain\workorders\contract mawrs\2004-2005\NPG 04-05 Ag mt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR NPG, INC. P.O. Box 1515 Perris, CA 92572 (909) 940-0200 Jeff S. Nelson, President Umaintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 Umaintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\contract masters\2004-2005\NPG 04-05 Agrmt PH. (760) 320-9600 Desert Division PH. (909) 940-0200 FAX (909) 940-9192 NPCIO ESTIMATE /PROPOSAL E ASPHALT SERVICES ESTIMATE TO (Client) QUALITY SINCE i965 City of Temecula 43200 Business Park Drive Temecula, California 92590 1354 JET WAY P.O. BOX 1515 PERRIS, CA 92572 Coal. Llc. #664779 We Handle All Phases of Asphalt DATE: April 14, 2004 PROJECT: Emergency Time & Material LOCATION: Various Locations Attention: Brad Buron Telephone: 909-694-6411 Fax: 909-694-6475 Estimator: Jeff S. Nelson NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the material, labor and performing the work hereinafter specified, subject to the terns and conditions hereinafter set forth on reverse side of estimate. PAVING EQUIPMENT LABOR AND EQUIPMENT RENTAL RATES GENERAL LABOR Standard Overtime Double Time Raker/Laborer 53.00 79.50 106.00 PCC / Form Setter 57.00 85.50 114.00 OPERATORS Paving Machine Operator 60.00 90.00 120.00 Screed Operator 57.00 85.50 114.00 Roller Operator 57.00 85.50 114.00 Dumo Truck Operator Hot OnFill Operator 57.00 60.00 85.50 90.00 114.00 Seal Buggy Operator 60.00 90.00 120.00 120.00 *Add'/, Overtime for Paving Machine Operator Fire Up Wig Day Rate Pavir�9 Machine (Rubber)10' x 18' 'avin9 Machine (Track)10 x 20' 150:01i-- 160.00 g Machine (Rubber) 8' x 12' 140.00 561 Pavinv Machine ck)1 10' x 21' 10 Paving M(Tmachine (Track) 8' x 151 - 160.00 130.D0 I IaOe larger than a Lee Boy 8500 30.00 30.00 30.00 n Truck 211ne 3 Rig 250.00 250.00 (plus emulsion) •28 (3.5 Ton) 250.00 •23-5 Ton - 250.00 t 534 10-12 Ton 425.00 Did Compaction 350.00 Operated 95.00 Yard Operated 125.00 Operated 130.00 Operated 125.00 Operated 100.00 tachments Operated - 225.00 e Truck - Operated 70.00 'nick's Operated 70.00 Operated es 85.00 anior & Jack Hammer, Operated 70.00 ow Board' Hammer 50.00 1 50.00 ENT 250.00 325.00 100.00 - 26.00 =NT ly 300.00 1r 100.00 150.00 ST2500 Tanker w/12' Hydraulic Spreader Operated 250.00 10 hr W hr clean up charge 185.00 there after ST2500 Tanker Operated 125.00 IIPMENT MOVES Flat Rate quipmen ove - Paving Machine, Loaders & Blade 5017 007n I Out Equipment Move - Roller 350.00 In I Out • AA labor and equipment will be charged portal-to-podal • 4 Hour Minimum Chama an all Equipment & Labor' All equipment Subject to moves In / Out 12 Hour Shoat Up Time • An time worked ever a hrs is char at OT relae DT rates after 12 hra. of wvrlc, • Sa�rday wort will be charged at OT rates for the drat 12 hr5, then or... Sunday work charged at DT • Prevalling wage/certlAed payroll - Add & 8.00 per hr. to above labodowrator rates. • Talal Amount of Inwxce will be determined at and of work day with me above Time & Mineral Rates plylnp. Equipment Rental agreement form must be signed at the and of each wed, day by acung supedru ndent MAY 1 0 2004 CITY OF TEMECULA CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2004-2005 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 22, 2004 by and between the City of Temecula, ("City") and MONTELEONE CONTRACTORS, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, and maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all maintenance work and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out R:\maintain\workorders\Monteleone 03-04 Agrmt\mmter court agrmt of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department Industrial Relations' Internet web site http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, 2 R:\maintain\workorders\Monteleone 03-04 Agrmt\master const agrmt demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope RAmaintain\workordersWontelwne 03-04 Agrmt\master west agrmt of protection afforded to the City, its 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, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to R:\maintain\workorders\Monteleone 03-04 Agrmt\master const agrmt Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and all other times and places, including without limitation, the plans 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. 21. 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. 22. 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 R:\maintain\workorders\Monteleone 03-04 Agrmt\mnter coast agrmt 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: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Monteleone Contractors, Inc. 35245 Briggs Road Murrieta, California 92563 (909)538-6537 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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. 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 R:\maintain\workorders\Monteleone OM4 Agrmt\mnter wmt agrmt this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. R:\maintain\workorders\Monteleone 03-04 Agrmt\master wmt agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR MONTELEONE CONTRACTORS INC. 35245 Briggs Rd. Murrieta, CA 92563 (909)538-6537 Ryan Monteleone R:\maintain\workorders\Monteleone 03-04 Agrmt\master coast agrmt EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, and maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 R:\maintain\workorders\Monteleone 03-04 Agrmt\master west agrmt EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\Monteleone 03-04 Agrmt\master const agrmt Monteleone Excavating 39059 Camino Hermosa phone: (909)538-6537 Morrieta, CA 92563 Fax: (909) 695-2525 Time and equipment Equipment rate for 2004-2005 Rate per hr Saturday/+ 8hrs regular rate *per hour overtime 450 dozer $105.00 $120.50 D6LGP $150.00 $165.50 D6H $115.00 $130.50 824 dozer $160.00 $175.50 D8k dozer $155.00 $170.50 D8N dozer $155.00 $170.50 D811 dozer $150.00 $165.50 D9L dozer $225.00 $240.50 650 komatsu $280.00 $295.50 400 excavator $183.00 $198.50 300 excavator $150.00 $165.50 220 excavator $125.00 $140.50 446 backhoe $1010 $116.50 30 Mf skip/mower $77.50 $93.00 450 C loader $145.00 $160.50 950loader $130.00 $145.50 977loader $130.00 $145.50 973 track loader $140.00 $155.50 963 track loader $130.00 $145.50 12 G motor grader $115.00 $130.50 623 scraper $150.00 $165.50 860 scraper $140.00 $155.50 657 push pull $240.00 $255.50 637 E push pull $200.00 $215.50 10 wheel dump/pup $80.00 $95.50 Hi -side semi $85.00 $100.50 4,000 gal w/truck $75.00 $90.50 Lowbed truck $90.00 $105.50 Foreman $66.00 $81.50 Pick-up $30.00 $45.50 Grade checker $54.00 $69.50 Laborer $46.00 $61.50 Holiday/Sunday overtime rate $137.00 $181.00 $146.00 $181.00 $186.00 $186 00 MAY 2 6 2004 $181.00 CITY Or �t�-C L jC $256.00 $311.00 $214.00 $181.00 $156.00 $132.00 $108.50 $176.00 $161.00 $161.00 $171.00 $161.00 $146.00 $181.00 $171.00 $271.00 $231.00 $111.00 $116.00 $106.00 $121.00 $97.00 $61.00 $85.00 $77.00 *Note- Overtime wages begin after 3:OOP.M. with a 6:30 A.M. starting time. Rate used beyond 8 hours on weekdays and all hours on Saturday. *Note- Any City work will be under 2003 Prevailing Wage Rates. Ryan Monteleone Office/ Cell (909) 538-6537 Fax: (909) 926-1998 CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2004-2005 FOR CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 24, 2004 by and between the City of Temecula, ("City") and TORAN DEVELOPMENT & CONSTRUCTION ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. RAmaintain\workordenUoran 04-05 Agrmt\master coast agrmt 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet web site http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 2 Umaintain4orkordersUoran o4-05 AgrmAmnter const agrmt 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scone of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the R:\maintain\workorders\Toran 04-05 Agrmt\master court agrmt 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, its 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, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. No employee benefits shall be RAmaintain4orkordersUoran 04-05 AgrmAmaster const agrmt available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all tines observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. 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 Umaintain\workorders\Toran 04-05 Agrmt\master wmt agrmt 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: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Toran Development & Construction 37110 Mesa Road Temecula, California 92592-8950 (909) 302-5965 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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. 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 parry's own independent investigation of any and all facts such party deems material. Umaintain\workorders\Toran 04-05 Agrmftaster coast agrmt 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. R:\maintain\workorders\Toran G"5 Agrmt\master wnst agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR TORAN DEVELOPMENT & CONSTRUCTION 37110 Mesa Rd. Temecula, CA 92592-8950 (909) 302-5965 Gary D. Clapp, Owner RAmaintain\workorders\Toran 04-05 Agrmt\master court agrmt EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 RAmaintain\workorderfforan 04-05 Agrmt\master const agrmt EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\Toran 04-05 Agrmt\master c mt agrmt 37110 Mesa Rd. Temecula, Cm 92592 Telephone 1909J 302-5965 Fax(909) 303-6583 Torah Development & Construction r= UPDATED TIME AND MATERIAL SHEET EIVED MAY 1 9 e004 Crry OF--,vtEC'Ji A tFNG/NEE-FJ,1!(� rjEPA:f41EN7 May 18, 2004 City of Temecula 43200 Business Park Dr. Temecula, Ca. 92590 Att: Brad Buron To Whom It May Concern: As per your request on 4/28/04 concerning an updated time and material sheet from our company- 1. General labor. a. Forman w/truck- $74.50 b. Labor- $62.75 c. All material is cost +15% 2. Painting: a. Light poles- $125.00 each b. Map structures- $110.00 each c. Boxes- $46.25 each d. Arches- $295.00 each e. Buss stop- $225.00 each f. Telephone structure- $136.50 each g. Repaint restroom exterior only- $8,265.00 ........................... Thank"for Owopponw), ft to beofsen*e 0 W;! May 18, 2004 Page 2 3. Boardwalk (aprox. 20,000 sq.ft.) a. Seal only- $1.65 sq.ft. b. Sand any high, or bad spots- $.75 sq.ft. c. Add wood plugs- $2.25 each 4. Clean, pressure wash and paint Main St. bridge- $6,825.00 5. Steam clean, pressure wash and seal coat with city supplied sealer 7,985 Lf of city walk, curb and gutter- $3.45 Lf. 6. Cut and add hardware to make old whiskey barrels into trash barrels- $198.00 each Thank you for the opportunity to be of service to you. Sincerel ') eiN D. Cl CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2004-2005 FOR CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 22, 2004 by and between the City of Temecula, ("City") and ROAD WORKS, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. RArnaintain\workorders\Road Works 04-05 Agrmt\master const agrmt 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department Industrial Relations' Internet web site http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 2 R:\maintain\workorders\Road Works 04-05 AgrmArnaster const agrmt 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the RArnaintain\workorders\Road Works 04-05 Agrmt\master const agrmt 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, its 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, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. No employee benefits shall be R:\maintain\workorders\Road Works 04-05 Agrmt\master const agrmt available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. 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 5 R:\maintain\workorders\Road Works 0405 AgrmArnaster most agrmt 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: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Monteleone Contractors, Inc. 35245 Briggs Road Murrieta, California 92563 (909) 538-6537 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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. 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. RAmaintain\workorders\Road Works 04-05 Agrmt\master const agrmt 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. RArnaintain\workorders\Road Works 04-05 Agrmt\master wrist agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR ROAD WORKS, INC. 303 Short Street Pomona, CA 91768 (909) 469-5101 Larry Blocker, President/CEO Kelly Blocker, Vice President R:\maintain\workorders\Road Works 04-05 Agrmt\muter const agrmt EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 R:\maintain\workorders\Road Works 04-05 AgrmArnaster coact agrmt EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\Road Works 04-05 Agrmt\master court agrmt LOAD WORKS, INC. April 26, 2004 City Of Temecula Public Works Department 43200 Business Park Drive Temecula, CA 92590 Attention: Brad Buron MAY 0 3 2004 CITY OF In response to your letter dated, April 15, 2004 and per our conversation the following is a pricing schedule for On -Call Crack Sealing of city streets A day rate of $6,500.00 to include the following; • Truck including all tools and equipment ■ Five (5) man crew (capable of sealing approximately 20,000-25,000'lf of cracks per eight (8) hour day)*includes prevailing wage and certified payroll* ■ Traffic Control -basic ■ Hot rubber sealant, meeting spec ASTMD 3407 (see attached spec sheet) Thank you for the opportunity to submit pricing for your up coming crack sealing projects. If you have any questions feel free to contact me at (800) 729-0970. **NOTE**These prices are based on using RW306R Road & Street sealant. An additional charge would be applied if Gray Crack Sealant material is used. (909) 469-5101 • Fax (909) 469-5112 • (800) 729-0970 303 Short Street • Pomona, California 91768 0 State lic. #561431 CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 0000-0000 FOR CITYWIDE ROUNTINE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 22, 2004 by and between the City of Temecula, ("City") and Strong's Painting ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of June 22, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. t R:\maintain\workorders\master court\2004-2005\Strongs 04-05 Agrmt 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 2 R:\maintain\workorders\master wmt\2004-2005\Strongs 04-05 Agrmt 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the RA=intain\workorders\master comt\2004-2005\Strongs 04-05 Agrmt 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, its 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, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. No employee benefits shall be RAmaintain\workorders\roaster const\2004-2005\Strongs 04-05 Agrmt available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. IS. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. 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 RAmaintain\workorders\muter wmA2004-2005\Strongs 04-05 Agrmt 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: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Name Address City Phone 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 parry 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. 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. R:\maintain\workorders\master wmA2004-2005\Strongs 04-05 Agrmt 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR STRONG'S PAINTING 31265 Saddleback Lane Menifee, CA 92584 (909) 6794554 La Gary Strong, Owner R:\maintain\workorders\tnaster covet\2004-2005\Strongs 04-05 Agrmt EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. s . RAmainmin\workorders\master covet\2004-2005\Strongs 04-05 Agrmt EXHIBIT B LABOR AND EQUIPMENT RATES R:\maintain\workorders\master const\2004-2005\Strongs 04-05 Agent APR 2 7 2004 License # 687275 STRONG'S PAINTING 31265 SADDLEBACK LANE MENIFEE, CA 92584 (909) 6794554 FAX (909)679-4554*51 April 25, 2004 City of Temecula P.O. Box 9033 Temecula, Ca. 92589-9033 Attn: Brad Buron Public Works Maintenance Superintendent Re: Time and Material sheet Strong's Painting has been in business for 28 years, and is family owned and operated. We specialize in interior/exterior painting, small drywall repair, texturing, stucco repair, power washing, wall paper removal and hanging and light maintenance work. We currently carry a $1,000.000.00 per occurrence policy naming the City of Temecula as an additional insured and will send upon request. We are also members of the Better Business Bureau and hold a state contractors license. Hourly rate: $35.00 per hour Holiday and weekend rate: $50.00 per hour Mark up on parts, materials and equipment is no more than 10% Thank you, CITY OF TEMECULA ANNUAL MAINTENANCE CONTRACT AGREEMENT FISCAL YEAR 2004-2005 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 22, 2004 by and between the City of Temecula, ("City") and BECKER ENGINEERING ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work. The work under this Agreement is non- exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all maintenance work and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out t RAmaintain4orkordersTecker 04-05 Agrmt\master const agrmt of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department Industrial Relations' Internet web site http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, 2 Umaintain4orkordersTecker 04-05 Agrmt\master court agrmt demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope RAmaintain\workorders\Becker 04-05 Agrmt\master wmt agrmt of protection afforded to the City, its 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, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall famish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to R:\maintain\workorders\Becker 04-05 Agrmt\master court agrmt Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and all other times and places, including without limitation, the plans 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. 21. 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. 5 RAmaintain4orkorders\13ec1cer 04-05 Agrmt\master wmt agrmt 22. 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: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Becker Engineering P.O. Box 890365 Temecula, California 92589-0365 (909)731-3991 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROIIIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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. RAmaintain\workorders\Becker 04-05 Agrmt\master west agrmt 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. R:\maintain\workorders\Becker 04-05 Agrmt\master west agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR BECKER ENGINEERINI P.O. Box 890365 Temecula, CA 92589-0365 (909) 731-3991 Walter K. Becker. Owner 8 R:\maintain\workorders\Becker 04-05 Agrmt\master court agrmt EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, and maintenance. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 R:\maintain\workorders\Bmker 04-05 Agrmt\toaster c mt agrmt EXHIBIT B LABOR AND EQUIPMENT RATES 10 RAintain4orkordersMmker 04-05 Agrmt\master court agrmt CA License # 683396-A P.O. Box 890365 • Temecula, CA 92589-0365 (909) 712-2341 GRADING • PAVING • CONCRETE DEMOLITIONS PROPOSAL & CONTRACT OWNER / CONTRACTOR PHONE: DATE: CITY OF TEMECULA/PUBLIC WORKS 9 NAME: BRAD BURON LEGAL JOB LOCATION: STREET' 43200 BUSINESS PARK DR. STREET: CITY: __. .__.... STATE: �. CITY: We propose to furnish all equipment and perform all labor necessary to complete the following: AS PER YOUR LETTER OF REQUEST, DATED 12 APRIL 04, PLEASE REVIEW PAGE 2. This contract does not include any damage or repairs to underground facilities not visible from the surface or otherwise designatedby owner / contractor and stated in this agreement. Any extra work ordelays will result in contract reverting to Time & Material. All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum of Terms of Payment: DOLLARS ($ Any alteration or deviation from the above specifications involving extra cost of materials or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. It is further understood and agreed that Workmen's Compensation and Public Liability Insurance will be provided, however, coverage applies only to work actually performed by Becker Engineering in accordance with terms and conditions of this contract. Certificates of Insurance will be furnished upon request. THIS PROPOSAL ISVALID'FROM 1 JUL.Y04 THRU 1 JULY 05 Authorized Signature: ACCEPTANCEOFPROPOSAL I:> I I I� I I') CA License # 683396-A P.O. Box 890365 • Temecula, CA 92589-0365 (909) 731-3991 GRADINGPAVING CONCRETE DEMOLITIONS PROPOSAL & CO PAGE 2 LABOR RATES SUPERINTENDENT WITH 1 TON TRUCK FOREMAN WITH 1 TON TRUCK GENERAL LABORER S.T. O.T. $ 64.95 $ 96.86 $ 60.10 $ 87.70 $ 49.85 $ 71.45 NOTE: THESE LABOR RATES REFLECT LATEST RAISES IN P.W. SCALE. BARE EQUIPMENT 545 EXCAVATOR $ 64.10 PER HOUR 331 BOBCAT EXCAVATOR $ 54.10 PER HOUR 450 DOZER $ 54.10 PER HOUR SKIPLOADER $ 41.65 PER HOUR 310 BACKHOE $ 54.10 PER HOUR 763 BOBCAT $ 46.00 PER HOUR 763 BOBCAT W/ BREAKER $ 70.90 PER HOUR S-250 BOBCAT $ 54.10 PER HOUR S-250 BOBCAT W/ BREAKER $ 78.95 PER HOUR BOBTAIL DUMP $ 54.10 PER HOUR 1 TO 3 TON ROLLER $ 28.15 PER HOUR 3 TO 5 TON ROLLER $ 41.65 PER HOUR VIBRATORY PLATE $ 22.75 PER HOUR WACKER TAMP $ 22.75 PER HOUR WATERTRUCK $ 59.50 PER HOUR AREA MOVE INS $ 95.00 CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2004-2005 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 22, 2004 by and between the City of Temecula, ("City") and IMPERIAL PAVING CO., INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all maintenance work and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out R:\maintain\workorders\Imperial Paving 04-05 AgrmArnaster coast agrmt of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are.available from the California Department Industrial Relations' Internet web site http:\\www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, 2 R:\maintain\workorders\Imperial Paving 04-05 Agrmt\nmwr const agrmt demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations. of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope R9maintain\workorders\Imperial Paving 04-05 Agrmt\master const agrmt of protection afforded to the City, its 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, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to RArnaintain\workordersUrnperial Paving 04-05 Agrmt\master wnst, agrmt Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and all other times and places, including without limitation, the plans 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. 21. 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. 22. 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 RArnaintain\workordersUrnperial Paving 04-05 Agrmt\master cons[ agrmt 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: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Imperial Paving Co., Inc. 13555 E. Imperial Highway Whittier, CA 90605 (562) 944-0975 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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. 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 parry'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 6 RAmaintain%workorders\Imperial Paving 04-05 Agrmt\master const agrmt this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. RAmaintain\workordersUmperial Paving 04-05 Agrmt\muster const agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR IMPERIAL PAVING CO., INC. 13555 E. Imperial Highway Whittier, CA 90605 (562) 523-0975 Fritz Coy, Secretary/Treasure Umaintain\workorders\Imperial Paving 04-05 Agrmt\master const agrmt EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 RArnaintain\workordersUmperial Paving 04-05 AgrrnAnw ter covet agrmt EXHIBIT B LABOR AND EQUIPMENT RATES to R:\maintain\workorders\Imperial Paving 04-05 Agrmt\master const agrmt CITY OF TEMECULA P.O. BOX 9033 TEMECULA, CA 92589-9033 RE: TIME AND MATERIAL SHEET ATTENTION: Brad Buron LABOR BREAKDOWN ALLLABOR--------------------------------------------$ 45.00PER HOUR OVERTIME 1 Vz TIME (AFTER 8HRS/SATURDAYS) - - - - - - - - - - - - - - -$ 67.50 PER HOUR DOUBLETIlVIE 2 TIME (SUNDAYSMOLIDAYS) - - - - - - - - - - - - - - - - - -$ 90.00 PER HOUR EQUIPMENT BREAKDOWN (DOES NOT INCLUDE LABOR) FLATBED TRUCK WITH COMPRESSOR MOUNT - - - - - - - - - - - - - - - - $ BOB TAIL TRUCK 9-11 YARDS ----------------------------- $ CONCRETE FLATBED TRUCK ------------------------------$ DUMPTRUCK&PUPTRAILER-----------------------------$ AIR COMPRESSOR-------------------------------------- $ WATER TRUCK ----------------------------------------- $ FLATBED TRUCK WITH 3-5 TON ROLLER COMBO (MINIMUM) - - - - $ DUMP TRUCK WITH SKIPLOADER & TRAILER COMBO - - - - - - - - - $ 10-12 TON ROLLER INCLUDING TRAILER -------------------- $ 3-5 TON ROLLER INCLUDING TRAILER ---------------------- $ BERM MACHINE MINIMUM CHARGE----------------------- $ BOBCAT WITH BUCKET--------------------------------- $ BOBCAT WITH GRINDER-------------------------------- $ ARROW BOARD WI T-ITRUCK-----------------------------$ STANDARD SET (COMMON REPAM CREW) FOUR MAN CREW SKIPLOADER DUMPTRUCK 3-5 TON ROLLER FLATBED WITH COMPRESSOR & TOOLS - - - - - 325.00 PER DAY 315.00 PER DAY 300.00 PER DAY 390.00 PER DAY 150.00 PER DAY 275.00 PER DAY 505.00 PER DAY 505.00 PER DAY 250.00 PER DAY 245.00 PER DAY 150.00 PER DAY 500.00 PER DAY 550.00 PER DAY 250.00 PER DAY ------------- -$ 2,600.00 PER DAY LESS THAN 8HRS(2HRMINIMUM) ------------------------$ 400.00nun HOUR MATERIALS ASPHALT -------------------------------------------- $ 45.00PER TON ASPHALT PLANT OPENING ON SATURDAYS - - - - - - - - - - - - - - - - $ 1,000.00 BASE ROCK CLASS U----------------------------------- $ 12.50PER TON TACK MATERIAL -------------------------------------- $ 1.60PER GAL CONCRETE------------------------------------------ $ 425.00 MIN. LOAD CONCRETE AFTER 4YARDS ----------------------------- $ 75.00PER YARD NOTE: ABOVE PRICES SUBJECT TO PUC CHANGE. 20%MARK UP ON SUBCONTRACTORS. NOTE: IMPERIAL PAVING PROVIDES THE FOLLOWING SERVICES: EXCAVATION, GRADING, PAVING, CONCRETE, DEMOLITION, GENERAL CONSTRUCTION SERVICES, SEAL COATING AND STRIPING. (562) 944-0975 • (714) 523-4492 • (800) 634-3923 • Fax (562) 944-0984 13555 E. Imperial Hwy., Whittier, California 90605 CITY OF TEMECULA ANNUAL MAINTENANCE CONTRACT AGREEMENT FISCAL YEAR 2004-2005 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of June 22, 2004 by and between the City of Temecula, ("City") and RENE'S COMMERCIAL MANAGEMENT ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, and maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all maintenance work and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. R.\maintain\workorders\Renes 04-05 Agrmt\master court agrmt 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are available from the California Department Industrial Relations' Internet web site http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 2 RA=intain\workorders\Renes 04-05 Agrmt\master const agrmt 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecttlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the RAmeintain\workorders\Renes 04-05 Agrmt\master court agrmt 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, its 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, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraee. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. No employee benefits shall be RAmaintain\workorders\Reties 04-05 Agrmt\master coast agrmt available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and all other times and places, including without limitation, the plans 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. 21. 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. 22. 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 R:\maintain\workorders\Renes 04-05 Agrmt\master court agrmt 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: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Rene's Commercial Management 1002 Luna Way San Jacinto, California 92583 (909)487-0247 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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. 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. RAmaintain\workorders\Renes 04-05 Agrmt\master cons[ agrmt 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. . R:\maintain\workorders\Renes 04-05 Agrmt\master court agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR RENE'S COMMERCIAL MANAGEMENT 1002 Luna Way San Jacinto, CA 92583 (909)487-0247 Rene Martinez, Sr., Owner R:\maintain\workorders\Renes 04-05 Agrmt\roaster coast agrmt EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, and maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. R:\maintain%workorders%Renes 04-05 Agrmt\master const agrmt EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\Renes 04-05 Agrmr\m ter cons[ agrmt Rene's Commercial Management 1002 Luna Way * San Jacinto, CA 92583 TeL (909) 487-0247 * Fax (909) 487-0479 CLIENT: City of Temecula WEED SPRAYING: DATE: May 17, 2004 TIME & MATERIAL RATES FOR JULY 2004 / 2005 1) Pre -emergent Applications: a) Sensitive Areas (Landscape areas): b) Non -sensitive Areas (Roadsides): 2) Post -emergent Applications: (Older, larger weeds, higher rates) MECHANICAL WEED ABATEMENT: Per Hour Sat / +8 hrs. Man / Equipment $23.50 $27.80 Foreman & $29.40 $32.80 Pick-up GENERAL LABOR, TRASH PICK-UP, HAULING, ETC: Per Hour Sat. / +8 hrs. Foreman & Pick-up $29.40 $32.80 Per Man Hour $21.50 $24.65 TRACTOR / MOWING: Equipment with Operator: $58.00 /Hr. (Rate includes transportation cost) $213.00/Ac $204.75/Ac $136.50 - $189.00/Ac Emergency Response Rate $32.70 $36.60 Emergency Response Rate $36.60 $29.90 (Minimum 3 Hours Charge) All of these rates reflect current "Prevailing Wage and Certified Payroll'. Rene B. Martinez Sr. — Cellular Phone: (909) 830-0239 — 24 Hours Rene's Commercial Management 1002 Luna Way * San Jacinto, CA 92583 TeL (909) 487-0247 * Fax (909) 487-0479 CLIENT: City of Temecula WEED SPRAYING: DATE: May 17, 2004 TIME & MATERIAL RATES FOR JULY 2004 / 2005 1) Pre -emergent Applications: a) Sensitive Areas (Landscape areas): b) Non -sensitive Areas (Roadsides): 2) Post -emergent Applications: (Older, larger weeds, higher rates) MECHANICAL WEED ABATEMENT: Per Hour Sat / +8 hrs. Man / Equipment $23.50 $27.80 Foreman & $29.40 $32.80 Pick-up GENERAL LABOR, TRASH PICK-UP. HAULING, ETC: Per Hour Sat. /+8 hrs. Foreman & Pick-up $29.40 $32.80 Per Man Hour $21.50 $24.65 TRACTOR / MOWING: $213.00/Ac $204.75/Ac $136.50 - $189.00/Ac Emergency Response Rate $32.70 $36.60 Emergency Response Rate $36.60 $29.90 Equipment with Operator: $58.00 /Hr. (Minimum 3 Hours Charge) (Rate includes transportation cost) All of these rates reflect current "Prevailing Wage and Certified Payroll". Rene B. Martinez Sr. — Cellular Phone: (909) 830-0239 — 24 Hours ITEM 25 CITY ATTORN EY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Gilliam G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Amendment No.1 to Citywide Tree Trimming Maintenance Services Contract PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: Approve Amendment No.1 to the Citywide Tree Trimming Maintenance Services contract to West Coast Arborists, Inc. for $100,000.00 authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,000.00 which is equal to 10% of the contract amount. BACKGROUND: On June 24, 2003 the City approved the annual FY2003-2004 to West Coast Arborists, Inc. for Citywide Tree Trimming Maintenance Services in the amount of $100,000.00. The work performed includes tree and stump removals, root pruning, tree planting and emergency work call -outs. This work is necessary to maintain approximately 7,500 right-of-way trees know as the City's Urban Forest. The Contractor will inventory all right-of-way trees by name, size and locations. The maintenance schedule is a yearly contract, which began in July 1, 2004. This contract does contain a provision that allows the contract to be extended on a yearly basis by mutual agreement of both parties for up to three (3) years. Amendment No. 1 for Fiscal Year 2004-2005 will extend the contract term through June 30, 2005 for an amount not to exceed $100,000.00. FISCAL IMPACT: Funds are available in the Fiscal Year 2004-2005 Budget forthe Public Works Routine Street Maintenance Account 001-164-601-5402 for the contract amount of $100,000.00 plus the 10% contingency of $10,000.00. ATTACHMENT: Amendment No. 1 r1agdrpt\2004\0622\Wets Coast Amend 1/ajp FIRST AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA AND WEST COAST ARBORISTS, INC. CITYWIDE TREE MAINTENACE SERVICES FISCAL YEAR 2004-2005 THIS FIRST AMENDMENT is made and entered into as of June 22, 2004,by and between the City of Temecula, a municipal corporation ("City") and West Coast Arborists, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On June 24, 2003, the City and Contractor entered into that certain Contract entitled "City of Temecula Contract for Construction" ("Contract'), in the amount of $100,000.00 to provide Citywide tree maintenance services. C. The parties now desire to amend the Contract as setforth in this Amendment. 2. Section 4 of the Contract is hereby amended to read as follows: CONTRACT AMOUNT AND SCHEDULE. The City agrees to pay, and CONTRACTOR agrees to accept, in full payment for the Citywide Tree Maintenance Services as agreed to be done, and described in this First Amendment the sum of: One Hundred Thousand Dollars and No Cents ($100,000.00), for a total contract amount of Two Hundred Thousand Dollars and No Cents ($200,000.00.) TERM: The term of the contract shall commence upon award by the City Council and continue through June 30, 2005. The City reserves the option to extend the contract(s) for an additional three (3) years. No price adjustments will occur during the first thirty-six (36) months of this agreement. Upon request of the Contractor and agreement by the City, the item prices maybe adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino ALL Urban Consumers Index to determine the percentage of increase or decrease, the term "previous twelve months" shall be the 12 month period ending June 30`h of that year, or if not available, the prior month. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. CONTRACTSM COAST 04-05 AMEND 1.DOC IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR West Coast Arborists, Inc. 220 E. Via Burton St. Anaheim, CA 92806 (714) 991-1900 Patrick 0. Mahoney, President I-Y19 NAME: TITLE: (Signatures of two corporate officers required for Corporations) R: IMAINTAIMTREESITREE CONTRACTSIW COAST 04-05 AMEND LDOC Tree Care Professionals Serving Communities Who Care About Trees May 5, 2004 City of Temecula ATTN. Brad Buron, Maintenance Superintendent 43200 Business Park Dr. Temecula, CA 92589-9033 RE: Renewal of Tree Maintenance Agreement for Fiscal Year 2004-2005 Dear Mr. Buron, www.WCAINC.com 3ECEIVED MAY 0 6 2004 CITY OF TEMECULA The term of the agreement for tree maintenance services between West Coast Arborists (WCA) and the City of Temecula allows for an extension on a year-to-year basis upon mutual consent The purpose of this letter is to express our interest in extending the term of the Agreement under the same conditions and with no increase in price for fiscal year 2004- 2005. By not increasing the price, we can help promote stability, guarantee residents with quality tree care & customer service and most importantly, combat the recent financial crisis initiated from the State. Please know that we enjoy working for the residents and business owners of Temecula. We look forward to continuing the strong relationship built between us, and to maintaining quality urban tree care service. Should you have any questions or require additional information, please contact me at (800) 521-3714. Sincerely, Victor M. Gonzalez Director of Marketing ITEM 26 CITY ATTORNEY DIRECTOROF FIN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: ,�� II City Manager/City Council FROM: t' William G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Amendment No. 5 to Construction Contract for Fiscal Year 2004-2005 Street Striping Program - Project No. PW01-12 PREPARED BY:6g4 Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve Amendment No. 5 to the Construction Contract with C-18, Inc. for the Fiscal Year 2004-2005 Street Striping, Project No. PW01-12 for an amount of $225,000.00 and authorize the Mayor to execute the amendment. BACKGROUND: On August 28, 2001 the City Council approved the annual FY2001-2002 Street Striping Program in the amount of $173,020.59. The Street Striping Program includes sandblasting and re -painting of street striping twice per year in order to insure visibility and reflectiveness of street striping. The construction schedule is a yearly contract, which began in August, 2001. This contract does contain a provision that allows the contract to be extended on a yearly basis by mutual agreement of both parties through June 30, 2005. Amendment No. 1 in the amount of $60,000.00 was approved by City Council on February 26, 2002 for additional striping for the Temeku Hills Golf Cart Lane. Amendment No. 2 for the Fiscal Year 2002-2003 was approved by Council on July 9, 2002 in the amount of $225,000.00. Amendment No. 3 was approved by the City Manager on January 15, 2003, amending Section 7-B pertaining to not withholding of 10% retention and requiring the contractor to submit invoices monthly for services performed and payment to be paid within 30 days of receipt for all non -disputed fees. Amendment No. 4 for Fiscal Year 2003-2004 was approved by City Council on June 24, 2003 in the amount of $225,000.00. Amendment No. 5 for Fiscal Year 2004-2005 for the Street Striping Program will extend the contract term through June 30, 2005 for an amount not to exceed $225,000.00. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2004-2005 Public Works Maintenance Division Striping/Stenciling Account No. 001-164-601-5410, and the Traffic Division Striping/Stenciling Account No. 001-164-602-5410. The original contract limit was $173,020.59 plus the 10% contingency amount of $17,302.06 for a total contract amount of $190,322.65. Amendment No.1, Amendment 2, Amendment No. 3 and Amendment No. 4 were approved for a total amount of $683,020.59. The revised contract amount including Amendment No. 5 in the amount of $225,000.00 for a total contract amount of $908,020.59. ATTACHMENT: Amendment No. 5 RAAGENDA REPORTS\2004\062204\PW01-12 striping Amend 5.DOC FIFTH AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA AND C-18, INC. FISCAL YEAR 2003-2004 STREET STRIPING PROGRAM PROJECT NO. PW01-12 THIS FIFTH AMENDMENT is made and entered into as of June 22, 2004 by and between the City of Temecula, a municipal corporation ("City') and C-18, Inc. ("Contractor'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On August 28, 2001, the City and Contractor entered into that certain Contract entitled "City of Temecula Contract in the amount not to exceed $173,020.59 for Street Striping Program" ("Contract"). B. On February 26, 2002 in the amount of $60,000.00 for additional striping (Amendment No. 1). C. On July 9, 2002, the agreement was amended to increase the payment for services in the amount of $225,000.00 for FY2002-2003 Street Striping Program (Amendment No. 2) D. On January 15, 2003 the agreement was amended to release the 10% retention (Amendment No. 3). E. On June 24, 2003 the agreement was amended to increase the payment for services in the a mount of $225,000.00 for FY2003-2004 Street Striping Program (Amendment No. 4). F. The parties now desire to amend the Contract for the amount of Two Hundred Twenty Five Thousand Dollars and No Cents ($225,000.00) for FY2004-2005 Street Striping Program as set forth in this Amendment. (Amendment No. 5) 2. Section 4 of the Contract is hereby amended to read as follows: 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: NINE HUNDRED EIGHT THOUSAND TWENTY DOLLARS AND FIFTY CENTS ($908,020.59), the total amount of the base bid. 3. TERM. This Agreement shall be for a period of one (1) fiscal year beginning July 1, 2004 and ending the 30t' day of June 2005 unless terminated or extended as provided. T he C ity reserves t he right of option to extend this Contract and to renegotiate the unit price for the individual bid items of work specified herein. The quantities of work to be performed shall be requested at the time of negotiating such extension. Renegotiated price shall be valid for one (1) year commencing on the first day of July of each fiscal year. In no event shall this Contract be extended beyond the 301h day of June 2005. R:\CIP\PR0JECTS\PW01\PW01-12 STRIPING\C 18 AMENDMENT 5. DOC 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CIVIC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR C-18, Inc. 330 E. 3rd Street Beaumont, CA 92223 (909) 845-3099 Michael Hathaway, President R:\CIP\PR0JECrS\PW01\PW01-12 STRIPING\C 18 AMENDMENT 5.DOC Plant Location 330 East Third St., Suite B Beaumont, CA 92223 SLN # 731233 Proposal Submitted Company To: CITY OF TEMECULA Attn: BRAD Phone: 909-694-6411 Fax: 909-694-6475 CINC. INTEGRITY P.O. Box 3360 Beaumont, CA 92223 (909) 845.3099 Fax (909) 845.4983 Description Job of Job: STREET STRIPING PROG. Job # FISCAL YEAR 2004/2005 Agency CITY OF TEMECULA Bid Date 6-8-04 PAGE 1 NOTE: PRICES GOOD FOR 30 DAYS FROM BID DATE UNLESS LISTED !!!!!!! Item Item Description Bait Est Otv Unit Price law 2 REFLECTIVE CENTERLINE INND LANE LINES A 4" Broken Lines, (single traffic stripe), and shall include all solid lane lines approximately 50' form all intersections. Detail 1 and Detail 8, State of Calif. Traffic Manual. LF 297472 $0.04 $11,898.88 B 4" Solid Line (edge markings -lane delin.). Detail 24 and 27B, State of Calif. Traffic Manual. LF 91800 $0.058 $5,324.40 C Two 4" Double Solid lines w/3" black separation (2-way barrier stripe). Detail 21, State of Calif. Traffic Manual LF 391500 $0.093 $36,409.50 D 8" solid lines, Detail 38A State of Calif Traffic Manual. LF 83700 $0.079 $6,612.30 E One-way barrier stripe (for No -passing in one direction or another) Detail 15, State of Calif. Traffic Manual LF 121500 $0.07 $8,505.00 F 6" white soid lane, (Bike lane) Figure 6-23, State of Calif. Traffic Manual. LF 149850 $0.066 $9,890.10 G 6" white dashed lane (Bike lane) Figure 6-23, State of Calif. Traffic Manual. LF 43200 $0.066 $2,851.20 ANY QUESTIONS PLEASE CALL (909) 845-3099 Note: C-18, Inc. is signatory with the Master Striping Agreement as of April 16, 2001. wYd •:ha ..r—..- 1 4: Plant Location �� P.t) Box 3360 330 East Third St., Suite a Beaumont CA9M3; 134aumorij, CA 92223 (90Bi X" �Lp) # 731233 INC. Fax (20) � { '`INTEGRITY Proposal SubmitUd To: CITY OF TENMCULA Description of Job Job:; STREET STRIPING PROG. Company Attn: BRAD Job N FISCAL YEAR 20D4/2005 Phone 909-694-6411 Agency CITY OF TEMECUliA Fax. 909-694-6475 Bid Date 6-9-04 PAGE 2 WIT': PRICES GOOD FOR 30 DAYS FROM BID DATE UNLESS LISTED.?!!!!!! 11em Item Description liwt ESL.OII, Leif-triu i"111 CONTINUED FROM PG 1... ' H T,Lo-waydektun lawDetwl,31 State of Calif"'i!rrafficc br inua5.: •'. LF:_ 114740 3;) 141 $P-1,179.75 A 1Nr.`. Ca S PR&:LEMG: r1 Including layout, assignment & spotting. c4' 20250 L,F 104250 G 1A1,$ED>4&YEK NTTVI&"RK M� •. A Placement, (rejective) HA 27000 >0261 S2':;:57T $0.053 $5,525.25 i 5'!' S67.7I0.00 AN.W QfTES-IIONS' VI.EA,Sk C'AH t90's Note: C-18, ItI Siglia% t .ti ii jI (lie Mistet° Sdi p i , `. fir eenl i r1t as isf Apr# 16, 2001, ITEM 27 APPROVAL CITYATTORNEY `Cv� DIRECTOR OF FIN MA CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 441williarn G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Assessment District 03-04 (John Warner Road) Street and Storm Drain Improvement Project— Project No. PW02-07 Water Main Extension - Contract Change Order PREPARED BY: Greg Butler, Principal Engineer RECOMMENDATION: That the City Council: Appropriate $113,300 in General Fund Reserves to advance funds for the extension of an existing Rancho California Water District (RCWD) water main from Culver Court to La Presa Loop. (Approximately 75% of which will be reimbursed by RCWD upon completion, with the remainder reimbursed from RCWD upon collection of water service connection fees collected from a vacant parcel on La Presa Loop.) 2. Authorize the City Manager to approve a contract change orderwith McLaughlin Engineering and Mining, Inc. to allow completion of the water main extension concurrently with the John Warner Road project. BACKGROUND: On August 12, 2003 the City Council awarded a construction contract to McLaughlin Engineering and Mining, Inc. (MEM) in the amountof$1,059,569.50 and authorized the City Manager to approve change orders not to exceed a 10% contingency or $105,956.95. At the time of award the extent of all required Rancho California Water District (RCWD) relocations was unknown and Council was advised that additional funds may be required to complete the project. Several parcels on La Presa Loop are served by 1,000 foot long private water service laterals in John Warner Road. It is very poor practice to allow multiple private service laterals to run within our public streets and could cause problems for the roadway. Staff has worked with the property owners and RCWD to eliminate the private laterals and construct a permanent water main, also avoiding an expensive water service relocation. RCWD provided an estimate at a cost of $113,000. In order to complete the water main prior to completion of the road improvements, the City and RCWD will equally share in advancing funds (estimated at $52,000), that will be reimbursed upon payment of water service connection fees. The balance will be made up from connection fees RCWD has collected previously and with fees being collected from a parcel currently processing development plans. RCWD and the City will formalize this arrangement and the method for reimbursing the City its share of the advanced connection fees ($26,000±) with a reimbursement agreement once the design is completed and a final cost is negotiated with the contractor. The formal agreement will be finalized when the final costs are known, RCWD has signed a letter of understanding which details the funding arrangement. 1 RAAGENDA REPORTSt2004\062204\PW0207John W amer h2o ext.DOC FISCAL IMPACT: The $113,300 General Fund Appropriation will be reimbursed by RCW D from water service connection fees upon completion of the main line extension, ($51,300±), plus 50% of the fair share of the third parcel ($26,000±). When the third parcel comes forward with development plans and pays the connection fees, RCWD will reimburse the City the balance. ATTACHMENT: 1. Location Map 2. Project Description 3. RCW D - Letter of Understanding 2 RAAGENDA REPORTS12004\062204\PW0207John Wamer h2o ext.DOC El z� r' i O a W a, by •n N O � N � ❑A�++ N tli G] y5 0 Q O V w 0 0 ❑ r N y 7 > N �pp G7 3 C O 0 O 0o ° •.p7 oU'. > � 00 3 U.. cai 0.4 .°..>. y > O O U go ,G Po ° oq •a 7 Ow > G^ •1a- r-I Q'Q 0" �y F Q �G o '� p U a ❑O❑ o � N A 12 'b 5 'O m V •� oti'O o �0a v i y O N y G N ow °b 4% h dj .Ci VPw N p rl V A N N U D ctl � o u G y u > Uo 4r 20 -zi F .ri p .�.b.10 •N•-� R tbd 0 o U cl 6'r�v°' �y a w W .a a u d o da d N 0 O M m w o 0 0 C E+ CD CD w 00 4a Q 00 Q Q U U s vq vi of 0 N O 0 N 0 N o 0 0 0 0 0.° rn m 000 N lIq Hi 69 Q% o0 o vOi v� ds ss vi 00 a o W • G C FFFIII Q• Q N �y 0 Q U 0 U A F C W Q to) i(0%u b RECEIVED MAR 2 6 2004 City of Temecula ROWD Public Works Department 43200 Business Park Drive"Temecula. CA 92590•Mailing Address: PO. Box 9033 •Temecula, CA 92589-9033 (9091 694�4I I " Fax (9091 6946475 March 23, 2004 PROJ. NO. PW02-07 DESC. John Warner Road Improvement Project Rancho California Water District Steve Brannon, Development Engineer Manager PO Box 9017 Temecula, CA 92589-9017 RE: Waterline Extension — Letter of Understanding Dear Steve: As we've discussed on numerous occasions, the City of Temecula (City) and Rancho California Water District (RCW D) have agreed that it is in the best interest of the residents/property owners on La Presa Loop that a permanent extension of the existing water main in John Warner Road, which terminates near Colver Court, be constructed in lieu of establishing additional "remote" service, laterals. The extension would benefit 3 parcels on La Presa Loop, namely APN 945-120-009-6 (Verano), 945-120- 008-5 (Castillo), 945-120-007-4 (Simonetti). The Verano property is currently served by a remote water service near Colver Court. At the time the remote service was installed RCW D collected fees for the Verano's fair share contribution of a future extension of the water main and relocation of the remote service. Presently the Castillo's have expressed interest in developing their property and will need to pay water service connection fees. The future development of the Simonetti property is unknown at this time. In an effort to coordinate the waterline extension with the current road improvement project, the City and RCW D have agreed to assist in funding such an extension. RCW D's preliminary estimates indicate the cost of such an extension would be about $103,000. Dividing this on a per acre basis amongst the 3- benefitting property owners results in a $10,259/acre spread. Verano and Castillo would each be assessed $25,648. Verano's share would be covered by their previous fees paid at the time the remote meter was installed, with any shortfall covered by RCW D. Castillo's share would be paid by the property owner. The $51,704 shortfall would be split equally by the City and RCW D with reimbursement eligible from the Simonetti property water service connection fees collected at the time of development. The City and RCW D will also pursue additional contributions from Castillo and Verano as they will no longer have to relocate remote water service lines. This letter is intended to serve as a letter of understanding while the formal reimbursement agreement is finalized. At this time the City is moving forward with a professional services agreement for the design of the waterline extension. All costs incurred by the City in designing the waterline extension will be counted toward the City's contribution. R\CIPPR0JECTSWW02W W02W Jahn Wam &eft rs�U0323 RCWDundmtand.d. ® PdnIM an Recy M P3Per If you have any questions or require any additional information, please contact me at (909) 694-6411. �) Sincerely, Grjtter, P.E. Pril Engineer—CIP cc: File 9a Please indicate your urrr concurrence with this letter by signing in the space below. A", Steve Brannon Date Development Engineer Manager, RCWD Edwar . "Bob" Lemons, P.E. Date Director of Engineering R\CIPIPROJECTSWWOZPW02- 7John Warrw%eftmN20040= RCWDW1deMWW.dW ITEM 28 APPROVAL CITY ATTORNEY Z!J DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: C.ty Manager/City Council FROM: ' Y� �llilliam G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Professional Services Agreements for Engineering and Construction Survey Services for Various Capital Improvement Projects for FY2004-2006 PREPARED BY: Amer After, Principal Engineer— Capital Projects Laura Bragg, Project Engineer — Capital Projects RECOMMENDATION: That the City Council: Approve the agreement with Cozad & Fox, Inc. in the amount of $60,000.00 to provide as needed engineering and construction survey services; and 2. Approve the agreement with Hall & Foreman, Inc. in the amount of $60,000.00 to provide as needed engineering and construction survey services; and 3. Authorize the Mayor to execute the agreements. BACKGROUND: There are various projects described in the approved Capital Improvement Program for Fiscal Years 2005 to 2009 that will require engineering and construction survey services. The attached agreements are for two separate one year agreements to provide as needed services and these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up throughout the year. A Request for Proposals was sent out on April 19, 2004 and responses were received on May 11, 2004. Of the ten firms that responded, two firms have been selected for agreements so that the City is assured that at least one firm will be available when needed. The City reserves the right to extend the agreements for an additional year pursuant to the terms specified in the agreements. Once the agreements are executed, each service request will be negotiated separately with one of the two firms and may contain some or all of the following services: • Research existing survey data such as maps, records of survey, monument ties, and benchmarks • Locate existing monuments • Performing boundary and control surveys • Prepare legal descriptions and plat maps for right-of-way acquisition • Perform Aerial mapping and topographic surveys • Establish and verify horizontal and vertical control • Locate horizontally to 0.1 + feet all existing facilities • Performing field surveying for project design purposes R:\AGENDA REPORTS\2004\062204\ANNUAL CONTRACT Survey.AGR.DOC Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc. The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works/City Engineer. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. ATTACHMENTS: 1. Agreement with Cozad & Fox, Inc. 2. Agreement with Hall & Foreman, Inc. 2 R:\AGENDA REPORTSV004%O62204\ANNDAL CONTRACT Survey.AGR.DOC CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES FOR FISCAL YEAR 2004-2005 THIS AGREEMENT is made and effective as of June 22, 2004, between the City of Temecula, a municipal corporation ("City') and Cozad & Fox, Inc., ("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, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for one (1) year. If Contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim - Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond June 30, 2006. 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 at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant 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. Consultant shall comply with the provisions of Sections 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 $25.00 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. 5. 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 t R:Wgreenebts\Mastersannual masters\2004-2005\Cozad Annual 2004-05 schedule of payment are null and void. This amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. 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 4. 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 Manageror 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 (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 2 R:\AgreenebtsWastersannual masters\2004-2005\Cozad Annual 2004-05 notice and without prejudice to any other remedy to which it maybe entitled at law, inequity or under this Agreement. 8. 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 identi- fied 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 fora 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 forthe 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 Cityand 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. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees 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 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. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional L iability I nsurance s hall b e w ritten o n a p olicy f orm providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City 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. 12. 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 anyway 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 byfailure of the Consultant to comply with this section. 13. 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 Citys 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, I etters o f s upport, testimony a t d epositions, response t o i nterrogatories o r 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 Consultant. However, Citys right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other parry under this Agreement must be in writing and may be given either by (1) 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. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Cozad & Fox, Inc. 151 South Girard Street Hemet, California 92544-4662 Attention: Kevin B. Cozad 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without priorwritten 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. 16. 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. 17, 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 forthe relief granted. 18. PROHIBITED INTEREST. Noofficer, oremployee of the CityofTemecula 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 has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, 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. 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 orwritten, 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 partys own independent investigation of any and all facts such party deems material. 20. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Cozad & Fox, Inc. 151 S. Girard St. Hemet, CA 92544-4662 (909) 766-8942 Kevin B. Cozad, President Brian Fox, Vice President (Two Signatures of Corporate Officers Required For Corporations) a P/ EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES FOR FISCAL YEAR 2004-2005 • CIVIL / STRUCTURAL ENGINEERS • MUNICIPAL CONSULTANTS • SURVEYORS/ PLANNERS • WATER RESOURCES • TRANSPORTATION STATEMENT OF QUALIFICATIONS May 11, 2004 Annual Agreement for Engineering and Construction Survey Services Prepared for: No.`16159 Erp. 3/31/06 AMER ATTAR, P.E., MBA PRINCIPAL ENGINEER - CAPITAL PROJECTS �rqr_ cry PUBLIC WORKS DEPARTMENT �cn CITY OF TEMECULA 43200 BUSINESS PARK DRIVE P 0 BOX 9033 TEMECULA, CALIFORNIA 92589-9033 151 South Girard Street • Hemet, CA 92544-4662 '0 AAGA . CAV- nn0 / 7RR_DnA0 . Lhnnsn Annual Agreement for Engineering and Construction Survey Services City of Temecula Statement of Qualifications May 11, 2004 STATEMENT OF QUALIFICATIONS FOR ANNUAL ENGINEERING AND CONSTRUCTION SURVEY SERVICES The City of Temecula is continuing to implement an aggressive Capital Improvements Project Program to expand and improve the city's infrastructure. As part of the program, the City of Temecula requires professional engineering and construction surveying services for the planning, design and construction of new facilities and the improvement and maintenance of existing facilities. This may include research, boundary and control surveys, topographic surveys, aerial topographic surveys, and construction surveying. Cozad & Fox, Inc. has the staff and experience to provide these services to the City of Temecula. We believe our firm can provide the best service to the City because: • We maintain a manageable staff providing consulting services only to a small number of municipal clients. As a result, you get our best team with one of our principals as project manager. • We have twenty-seven years of experience meeting City, County and Caltrans standards. • Our engineers are also surveyors. We see the project from the perspective of the office and the field. Our experience in surveying, roadway design, traffic signalization, and such diverse areas as hydrology, hydraulics, culvert and bridge design, sound wall design, retaining wall design, environmental assessment, or construction administration means our team can assist the City with all aspects of the project. • We have provided similar services to most cities within Western Riverside County. • Although, we can provide our own in-house surveying services, landscape plans, signing and striping plans, traffic control plans, soil erosion control plans, right-of-way plans and other speciality services, we also do not hesitate to rely on subconsultants for traffic engineering, geotechnical services or additional surveying services. • Before we begin a project, we prepare a detailed list of tasks required to complete the project The detailed tasks provide a basis for estimating our services, maintaining control and providing a scope of services to be included with the contract. 1 Cozad & Fox, Inc. Annual Agreement for Engineering and Construction Survey Services City of Temecula Statement of Qualifications May 11, 2004 INTRODUCTION TO COZAD & FOX, INC. Cozad & Fox, Inc. is a full service consulting engineering firm that, since 1977, has provided civil engineering, structural engineering, planning, surveying, environmental assessment, and construction administration services to a wide range of public agencies throughout Southern California. Our highly qualified team of principles and professionals with extensive consulting experience will apply their expertise with both Eagle Point Road Calc and Land Development Desktop as well as TDS data collection software to your projects. Utilizing 100% CAD -based design and analysis, we can also provide fully compatible AutoCAD or Micro Station computerized files to the City of Temecula. Currently, Cozad & Fox, Inc. is working with the City of Temecula, the Eastern Municipal Water District and the Riverside County Transportation Department as "Qualified Consultants" providing engineering, surveying and environmental services for multiple projects. During the past 27 years, we have also provided services to the cities of Riverside, Moreno Valley, Hemet, San Jacinto, Perris, Loma Linda and San Bernardino; school districts; hospital districts; Rancho California Water District, Elsinore Valley Municipal Water District, Lake Hemet Municipal Water District, the University of Redlands, Cal Poly University in Pomona, and the University of California, Riverside. Cozad & Fox, Inc. performs our own in-house surveying with staff members that are surveyors and that also have significant office design experience. The survey crew uses "state-of-the-art" survey equipment including "robotic" electronic total stations with vertical axis compensation and full data collection interface with TDS data collection software for fast and efficient data collection, stake -out and transfer to office computers. Cozad & Fox, Inc. also utilizes GPS software for large scale control and aerial targeting surveys. FIRM DESCRIPTION AND ORGANIZATION Cozad & Fox, Inc.'s staff that will be assigned to your projects includes three civil engineers, two dual licensed in surveying, one project engineer who is a Licensed Land Surveyor, and two with Land Surveyor -in -Training certificates. All staff members have both extensive professional design and surveying experience. Cozad & Fox, Inc. believes the key to quality control is to assign the same professional to the survey crew that will be performing the in-house design for projects. In this way, our staff becomes intimately familiar with the type and accuracy of control and .topographic data required by the design professional to prepare improvement plans and the - { requirements of the contractor during construction. Cozad & Fox, Inc. Annual Agreement for Engineering and Construction Survey Services City of Temecula Statement of Qualifications May 11, 2004 AVAILABLE SERVICES • Preliminary Research & Surveying - Survey research at the City of Temecula, the County of Riverside, Riverside County Flood Control and local utilitids to obtain both recorded and unrecorded survey maps, monument ties and benchmarks. • Research and analyze the existing recorded and unrecorded survey maps and compare to field monuments and field conditions. Review title reports and deeds to determine property boundaries and control. • Obtain traffic control and encroachment permits from the City, the County and Caitrans to enter the public right-of-way during construction surveying. Provide traffic control during construction surveying in the public right-of-way. • Perform boundary and control surveys using record information and monument ties to locate existing monuments for street centerline and property lines for control mapping. At Cozad & Fox, Inc.'s option, global positioning system (GPS) equipment may be used for either control or topographic surveying. • Utilizing Riverside County benchmark NGVD 29 datum obtained from the County, the City or MWD, Cozad & Fox, Inc. can establish and verify vertical control and provide topographic surveying, construction surveying or large scale aerial mapping. Set 4"-wide 4' X 4' aerial targets with X, Y, Z coordinates for horizontal and vertical control for aerial topographic surveying. Provide closure and reference maps to aerial survey firm for preparation of the aerial topographic survey map. • Perform field topographic surveys to collect field data, spot elevations and surface features of utilities with sufficient overlap for design of improvements for construction utilizing robotic total stations with TDS data collection software. Hardscape physical features will be located both horizontally and vertfcally within .02± foot accuracy. Natural ground features will be located within .10 + foot accuracy. • Digital data reduction of topographic information, record utility locations, and aerial topographic data to,a three-dimensional•AutoCAD 2000 or Intergraph :DGN compatible file. .. : ..: ., 3 Cozad & Fox, Inc. Annual Agreement for Engineering and Construction Survey Services City of Temecula Statement of Qualifications May 11, 2004 • Perform construction surveying for road and facility improvements utilizing the design engineer's CAD file, if available. Meet with the City and the contractor and determine the exact staking requirements for the project. Set off -set stakes, blue tops and other construction stakes required by the contractor to perform the grading and the construction of facilities. Perform office calculations for field stake out and provide cut sheets and control information to the City and the contractor. • Cozad & Fox, Inc. will also submit to the City: A. Utility location maps signed and stamped by Brian Fox, Professional Land Surveyor No. 7171, color coded per Caltrans utility mapping standards. B. Survey notes for the project route. C. Record maps collected from utility companies or public agencies for the project route. ADDITIONAL SERVICES Cozad & Fox, Inc. can also provide the following additional services to the City: • Utility Research - Obtain available maps for water, sewer, electricity, gas, telephone, cable TV, and other known utilities in the project area. The results of the utility research can be added to the digital survey data file containing the topography. • Field Locating of Existing Utilities - Verify surface utility markings along the project route. Above ground power and telephone poles can be field verified. Overhead wires can be located per record information. • Research for the Acquisition of Right -of -Way - Research and obtain existing right- of-way documents and plot the existing right-of-way for review by the City. Prepare legal descriptions and plat maps for additional right-of-way and coordinate acquisition of right-of-way with the City. • Coordination with Utility Purveyors - Meet with utility purveyors to coordinate the design of utilities that must be relocated for new construction. Redesign facilities, prepare construction cost estimates .and .prepare legals: and plat maps .for, ..,.. , additional easements. 4 Cozad & Fox, Inc. Annual Agreement for Engineering and Construction Survey Services City of Temecula Statement of Qualifications May 11, 2004 • Potholing - Additional subsurface utility exploration can be performed by potholing to accurately verify location and elevation of underground crossings. All topographic information and utility locations will be submitted to City staff for review in order to determine the alignment and to assign pothole locations. Assist City staff in determining location and ultimate number of potholes. • Three -Dimensional Utility File - Plot available record and field verified underground and overhead utility information on the utility location map. Utility information will be plotted as a separate 3-dimensional digital file representing utility locations within the project limits. Utilities can be color coded per Caltrans Utility Mapping Standards. • State Plane Coordinates - Assignment of state plane coordinates NAD-83 (CCS- 83) Zone 6, California State Plane Coordinate System, can be used at control points along the route. • Overall Project Feasibility - Review preliminary information to determine the overall feasibility of project, considering topography, existing utilities and conceptual design. Prepare preliminary construction cost estimates for City review. • Project Management - Provide project management and coordination services of design consultants and processing through agencies for the City. • Construction Administration and Inspection Services - Monitor compliance with plans, contracts and specifications. Review change orders, determine percentage completion and verify quality control. • Prepare traffic control and barricade plans for construction. • Full color photographic exhibits of facility or project routes. • Video tape records of routes or sites before and after construction. 5 Cozad & Fox, Inc. EXHIBIT B PAYMENT RATES AND SCHEDULE • CIVIL / STRUCTURAL ENGINEERS • MUNICIPAL CONSULTANTS • SURVEYORS/ PLANNERS • WATER RESOURCES • TRANSPORTATION SCHEDULE OF FEES January 1, 2004 Cozad & Fox, Inc. provides services in the fields of civil engineering, structural engineering, and land surveying in accordance with presently accepted professional practices. Cozad & Fox, Inc. does not provide services relating to construction safety and shall be held harmless by the contractor from any liability in this regard. In the event that the client requests termination of work prior to its completion, we reserve the right to complete, at the client's expense, such analysis and records as are considered necessary by us to place our files in order and/or to protect our professional reputation. PERSONNEL CHARGES - RATES PER HOUR Principal Civil Engineer/Principal Land Surveyor/Structural Engineer .............. 160.00 Project Manager....................................................... 140.00 Project Engineer....................................................... 120.00 CADDrafting........................................................... 80.00 Administrative/Project Coordination ......................................... 75.00 Typing, printing......................................................... 45.00 Survey - Office Analysis ................................................. 120.00 Survey Crew with Robotic Total Station (4 hr. minimum) ........................ 195.00 (Travel time charged portal to portal) Survey Crew w/ GPS........................................ Estimated by project OTHER CHARGES Expert Witness - Deposition and/or Court appearance ............... Two times hourly rate Expert Witness - Research, Case Review and/or Preparation ........... Normal hourly rate Mileage to and from meetings or project site .............................. $0.35/mile Blueprints, Duplicating, Photography, Binding, etc ......................... Cost + 20% Telephone calls, Postage ............................................ Cost + 20% Field Supplies (stakes, monuments, etc.) ................................ Cost + 20% TERMS OF PAYMENT All services will be progress billed weekly, and all invoices are due and payable when issued unless otherwise agreed. Retainers are required for all projects. Our fee schedule is based upon prompt payment of fees. Interest will accrue at the rate of 1'/2. percent of the invoice total per month on invoices 30 days old or older. If suit or action is instituted to collect any'aiifn dues the'Elient shall`Cie liable for attorney's fees and court costs. 151 South Girard Street • Hemet, CA 92544-4662 CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES FOR FISCAL YEAR 2004-2005 THIS AGREEMENT is made and effective as of June 22, 2004, between the City of Temecula, a municipal corporation ("City') and Hall & Foreman, Inc., ("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, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event laterthan June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for one (1) year. If Contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim - Riverside Area published monthly by the United States Bureau of Labor Statistics (CIP). The term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond June 30, 2006. 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 at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant 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. Consultant shall comply with the provisions of Sections 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 $25.00 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. 5. 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 t R:tAgreenebtsWastersannual masters\2004-2005\Hall & Foreman Annual 2004-05 schedule of payment are null and void. This amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the 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 Citys written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. 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 4. 7. 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 (10) days after service upon it of said notice in which to cure the default by renderind"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 2 R:VAgreenebts\Mastersannual masterst2004-2005\Hall & Foreman Annual 2004-05 notice and without prejudice to any other remedy to which it maybe entitled at law, inequity or under this Agreement. 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 identi- fied 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 fora 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, computerfiles 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. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees 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 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. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional L iability I nsurance s hall b e w ritten o n a p olicy f orm providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant s hall f urnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the Citys forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the Citya 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. 12. 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 anyway 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 byfailure of the Consultant to comply with this section. 13. 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 Citys 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, I etters of s upport, testimony at d epositions, response to i nterrogatories o r 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 Consultant. However, Citys right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. 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 (1) 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. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Hall & Foreman, Inc. 43513 Ridge Park Drive Temecula, California 92590 Attention: Donald Lohr, P.E. 15. 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. 16. 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. 17. GOVERNING LAW. The City and Consultant understand and agree thatthe 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. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula 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 Citythat no 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 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. 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. 20. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CIVIC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Hall & Foreman, Inc. 43513 Ridge Park Dr. Temecula, CA 92590 (909)676-6726 Steve Shambeck, P.L.S., President Donald Lohr, P.E., President (Two Signatures of Corporate Officers Required For Corporations) EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES FOR FISCAL YEAR 2004-2005 s ,A Section 2 Project Understanding Scope of Work The City of Temecula desires a qualified consulting firm to provide engineering and construction survey services for their Annual Agreement for various on -call projects throughout the year. The Scope of Services for the Annual Agreement includes, but is not limited to, researching existing survey data including maps, records of survey, monument ties, and benchmarks; locating existing monuments; performing boundary and control surveys; preparation of legal descriptions and plats for right-of-way acquisition; aerial mapping and topography; establishing and verifying horizontal and vertical control; horizontally location to 0.1+/- feet all existing facilities; field surveys; and construction staking to include center lines, limits of clearing, grubbing, construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, and curb and gutters. Project Approach General Work Task Standards for Performance of Design Survey Projects received from City of Temecula Include: ■ A realistic concise budget will be prepared and presented based on City of Temecula requirements and prevailing wage guidelines. Effort will be made to assure the City of Temecula that all aspects of the task requirements have been considered so as to avoid requests for additional fees due to unforeseen expenditures. ■ HFI will attend and/or organize a project "kick-off" meeting for each assignment. The goal of the meeting will be to obtain a clear understanding of the objectives of City of Temecula and contribute to a plan to meet them in a timely and cost effective way. ■ Within five working days of execution of all projects, a "bar type" schedule will be presented for approval from the City ofTemecula's Project Manager and other related managers such as Caltrans and Riverside County engineering personnel. ■ A Project Status Report will be prepared bi-weekly for the duration of all assignments for each project in progress. The report will include current status, updates to schedules, details of hours invested on a bi-weekly basis, and explanations of any unusual activities. ■ All work will be performed in compliance with the applicable right of way and survey manuals, as required for conformance to City of Temecula standards. ■ All deliverables will be provided in AutoCAD using City standards for symbols, layers, and sheet structure. ■ Unless the City of Temecula has a higher standard than the Caltrans' Safety Manual (in particular Chapters 11-Code of Safe Work Practices,12-Personal Protective Equipment, and 17-Motor Vehicle Safety), HFI will utilize this manual as the standard for safe work practice for all field work. HH's standard is simple, first we are going to be safe, then we are going to perform the tasks assigned. Section 2 ■ HFI proposes to incorporate one highly qualified subconsultant into its Scope of Work surveying efforts when aerial topography is required. Arrowhead Mapping Corporation, a seasoned aerial photogrammetry firm, is a WBE-certified firm. ■ In order to assure standardization all work will be placed on California Coordinate System datum published by the Riverside County Surveyor. ■ All work will conform to the California Land Surveyors Act and the California Subdivision Map Act. ■ All work will be performed by or directly for a Licensed Land Surveyor pursuant to Business and Professions Code 8725 and all work shall be signed and sealed by a Licensed Land Surveyor per Section 8761 of the Professional Land Surveyor's Act. ■ The deliverables, which require County Surveyor review, will conform to County of Riverside standards before first submittal. ■ The budget for the project assignment will include all checking and recordation fees. Flow Chartfor a Typical Design Surveying Project I Conduct a Proiect "Kick -Off' Meetino I I Develop a budget, deliverables list, and schedule and review with City of Temecula I Determine all the parcels geographically involved in the project Order Vesting Deeds, Title Reports, and supporting documents for all parcels Research County of Riverside, Caltrans, and Local Agency records for all applicable Benchmarks, Topography Maps, Tract Maps, Parcel Maps, Records of Survey, Corner Records, County Surveyor Maps, Appraisal Maps, Monumentation Maps, Improvement Plans, and Flood Control Maps Conduct a physical search for existing monuments to determine the extent of the required field measurements before sending a survey crew and equipment to the field Conduct a physical search for existing monuments to determine the extent of the required field measurements before sending a survey crew and equipment to the field uetermme areas or overlap ror topographic surveys ano aetermme wnemer aerial or field topographic techniques should be used from an economic basis Meet with City ofTemecula's Project Manager and HFI's Project Quality Control Manager to discuss any potential issues, scope of field survey, or problematic areas before conducting any further field work 107Hall & Foreman, Inc. Section 2 Contact Residents and Land Owners whose property will be entered upon to conduct Scope Of WOtic I the survey, in advance by written notice and in person on the day of the survey Field measure and recover all monuments and topography and/or set aerial targets required via an instrument survey and data collection techniques common to the industry Adjust all traverses using a Least Squares Adjustment holding undisturbed published Monumentadon Perform boundary analysis and calculations to determine final location of all boundary corners and lines Prepare mathematical Closure Reports for all affected parcels Calculate and identify all easements within the affected parcels from the Title Reports Determine all new monumentabon to be placed in the field and what types of monuments are to be placed to conform to City of Temecula and County standards Prepare the Maps as defined in the project assignment. Include all control, boundary, easement, and reference lines and measurements, record measurements with references, centerlines, found monument with labels, set monuments, street names, underlying reference maps and surveys, owners names, etc. Process topographic information as required and insure that all information required for design by the architects and engineers is included. Supplement Aerial Topographic Survey with field measurements, sewer inverts, etc. Add any topographic information as may be reauired by City of Temecula Submit the Map to HFI's Project Quality Control Manager for review and corrections. This includes a check of calculations, analysis, and conformance to published mapping standards Submit the Map to City of Temecula stamped "Preliminary" for checking as directed. This submittal will include all Title Reports, supporting documents, Closure Reports, record maps and plans, and Vesting Deeds placed in an organized manner for review and filing Make any changes requested by City of Temecula to the final Map or Survey and deliver copies to City of Temecula Prepare and deliver digital copies of all maps on CD ROM to City of Temecula and County standards Prepare Corner Records and/or a Record of Survey as appropriate to show I all new monuments 04359-000 Section 2 I Upon approval and filing of the Corner Records or Records of Survey, provide Scope of Work a digital (CD ROM) and hard copy to City of Temecula Prepare Director's Deeds, Legal Descriptions and Exhibits for the project if directed to do so by City of Temecula Meet with City of Temecula to discuss any issues or ways to improve performance on the next assignment Flow Chart for a Typical Construction Staking Project Conduct a Project "lack-O(i" Meeting Develop a Scope of Services, Budget and Schedule and review with City of Temecula and selected Contractor Determine Contractor's field representative who can request and authorize as -needed surveying services Provide Rough Grading including, as required, Brush and Clearing Stakes, Slope Stakes, Cut/Fill Lines, 20s&80s, Streets, Lots/Building Pads, Ditches/Channels, Rough Grade Certifications, and Mass Grade Provide Rough Grade Certifications as required Provide Storm Drain stakes for Main Line, Laterals, Catch Basins, and V-ditches/Channels Provide Sewer stakes for Main Line, Manholes, Clean -outs, and Laterals Provide Water Line stakes for Main Line, Services/Meters, Fire Hydrants and other controls Provide stakes as required for dry utilities Provide stakes as required for Streets and Parking Lots including Curb &Gutter, Ribbon & Cross Gutters, Headers, AC Bern, Sub grade, Driveways, Sidewalks, Edge of Pavement, or other Finish Surfaces Provide stakes as required for Buildings including Grid Control, Excavation, Shoring, Footings, Building Corners & Envelopes, and Shoring Monitoring Provide stakes as required for Fine Grading including Excavation, Lots/Building Pads, 20s & 80s, Building Corners/Envelopes, Streets, Blue Tops, and Property Line Projections Provide Fine Grade Certifications Provide stakes, as required, for Walls and Fences including Retaining I =_ Walls, Garden Walls, Perimeter Walls, and Fences 04359-000 Section 2 Scope of Work Provide stakes, as required for Trash Enclosures and other amentities Provide Verifications and As -Builds, as required Set all Final Monuments for the Maps, as required Prepare and deliver digital copies of all as -builds, staking records, and cut sheets on CD ROM to City of Temecula Meet with City of Temecula to discuss any issues or ways to improve performance on the next assignment 04359-000 10 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:\AgreenebtsWastersannual masters\2004-2005\Hall & Foreman Annual 2004-05 Section 5 Hourly Billing Rates C.; .0 W. M Engineering • Surveying - Planning • Landscape Architecture SCHEDULE OFHOURLY BILLING RATES Effective May 11, 2004 1k;2 t Principal $185.00/Hour Sr. Project Director $160.00/Hour Project Director $150.00/Hour Project Manager $140.00/Hour Project Engineer/Project Surveyor $125.00/Hour Principal Planner $130.00/Hour Planner $100.00/Hour Senior Designer $125.00/Hour Staff Engineer $110.00/Hour Entitlement Coordinator $100.00/Hour Designer $105.00/Hour Drafter $ 90.00/Hour Sr. Inspector/Resident Engineer $115.00/Hour Inspector $105.00/Hour Project Assistant $ 65.00/Hour Expert Witness $275.00/Hour SURVEY: Survey Manager $140.00/Hour Survey Analyst $105.00/Hour 3-Man Survey Crew $225.00/Hour 2-Man Survey Crew $185.00/Hour 1-Man Survey Crew $130.00/Hour Note 1: It is Consultants policy to meet all schedule requirements while maintaining a competent and professional level of service. In return, it is expected that all invoices will be paid in a timely manner. It is agreed and understood that all invoices will be considered delinquent sixty (60) days after invoice date. If invoice remains unpaid on the sixty-first (61st) day after invoice date, a late fee in the form of 10 percent interest per annum will begin accruing and Consultant will stop work on this project. Ninety (90) days after invoice date Consultant will lien the property. Note 2: Client shall pay the cost, plus 15%, for any applicable governmental fees, title company charges, well monuments, outside vendor reproduction costs, in-house reproduction cost, plotting costs, mileage and delivery or messenger services incurred on Clients behalf. If requested, we will provide a computer printout which details these costs. We do not typically provide any additional back up for these generally nominal expenses as part of our fee. Note 3: Miscellaneous fees shall be billed monthly as they are incurred. Invoices shall be considered due and payable upon presentation. Note 4: The above Schedule of Hourly Billing Rates is for straight time only. In the case of overtime, the rate charged will be 1-1/2 times the hourly rates shown, and for Sundays and holidays, 3 times the hourly rate shown. Note 5: The above Schedule of Hourly Billing Rates shall be adjusted in accordance with Paragraph 26 of - ,the Standard Provisions of this Agreement.. - - 1 . . ._..,. *,k'.„ w . . Note 6: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee herein, and shall be the full responsibility of the Client. ITEM 29 02=1•ul CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: ,Vj William G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: First Street Bridge - Project No. PW01-08 Acquisition Agreement for Mitigation Land PREPARED BY: Amer Attar, Principal Engineer Marilyn Adarbeh, Property Agent RECOMMENDATION: That the City Council: Approve and authorize the Mayor to execute in substantially the form attached hereto, the AGREEMENT OF PURCHASE AND SALE BETWEEN THE CITY OF TEMECULA AND BORCHARD-LAVERNE, LLC (BORCHARD TEMECULA, LLC)., for the acquisition of certain real property in the amount of $85,700.00 plus the associated escrow fees. Appropriate $21,700.00 from Open Space Development Impact Fees to Project No. PW01-08. Direct the City Clerk to record the document Adopt a Resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 BACKGROUND: On May 25, 2004, the City Council approved the Appraisal Report and authorized the City Engineer and the City's Property Agent, to make offers and negotiate the acquisition of certain real properties required for the mitigation of First Street Bridge, Project No. PW01-08. The attached Agreement of Purchase and Sale describes the details for the acquisition of the real property interests necessary to mitigate the First Street Bridge project. The purchase amount, $85,700.00, is the same amount the City Council authorized for this purchase. Upon the approval of the Agreement of Purchase and Sale and the close of escrow, the City will own the easement on APN 961-010-005. R:\agdrpt\2003\0610TW02-11 automall Agree Additionally, Government Code section 27281 permits governmental agencies to authorize one or more of its officers or agents to accept and consent to acceptance for recordation any interest in real estate. This authorization given to the Public Works Department, by resolution of the City Council, will expedite the processing of the real estate transactions. FISCAL IMPACT: The First Street Bridge, Project Number PW01-08, is included in the Capital Improvement Program. Existing encumbered funds, approximately $64,000, originally intended to be used for long term monitoring of the constructed mitigation area will be used for the purchase of the property. Constructing and monitoring a mitigation area will not be required with the purchase of this property. In addition, Development Impact Fees -Open Space will be used to make up the remainder of the purchase price and the escrow fees. ATTACHMENTS: 1. Resolution No. 2004- 2. Agreement of Purchase and Sale RAagdrpt\2003\0610\PW02-11 automall Agree RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVES AS FOLLOWS: WHEREAS, Government Code Section 27281 permits any political corporation or governmental agency to authorize one or more of its officers to accept and consent to acceptance for recordation any interest in real property; WHEREAS, the City Council finds that authorizing the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate will speed up the processing of real estate transactions; WHEREAS, the City Council desires to authorize the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate; NOW, THEREFORE BE IT RESOLVED; The Director of Public Works is hereby authorized to accept deeds or grants conveying any interest in, or easement upon, real estate for the City Council of the City of Temecula. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 221" day of June, 2004 by the following vote: ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor R:\agdrpt\2003\0610\PW02-11 automall Agree STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 271" day of January 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk RAagdrpt\2003\0610\PW02-11 automall Agree PROJECT: PW01-08 APN: 961-010-005 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ("Buyer") andBorchard-Laverne, LLC ("Seller"). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Parcel No. 961-010-004, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Larger Parcel"). B. Buyer desires to purchase a fee interest in the Larger Parcel, identified as APN 961-010-004, shown on Exhibit "A" attached hereto and made a part hereof (the "Property") and Seller desires to sell the Property. C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: 1. PURCHASE. Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Upon execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with FIRST AMERICAN TITLE (the "escrow Holder"), for the purpose of consummating the purchase and sale of the Seller's interest in the Property as described herein. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agreement. if there is any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: Page 1 of 7 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above: (ii) the purchase price to be paid to Seller through Escrow; (iii) such other documentation as is necessary to close Escrow. B. Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed Grant Deed for conveyance of his interests in the Property to Buyer; and (ii) such other documents and sums, is any, as are necessary to close Escrow in conformance herewith. 2.6 Buyer's Conditions Precedent to Close of Escrow. The close of Escrow is subject to the following conditions: (a) All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow: and (b) Seller shall timely perform all obligations required by the terms of this Agreement to be performed by them. 2.7 Seller's Conditions Precedent to Close of Escrow. For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 3. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; (b) To Seller's knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; (c) Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect his interest in the Property without the prior written consent of Buyer; Page 3 of 3 2.1 Purchase Price. The total purchase price for the Property shall be the sum of Eighty Five Thousand Seven Hundred Dollars ($85,700) for an all-inclusive settlement. The purchase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 2.2 Close of Escrow Escrow shall close on or before sixty (60) days or sooner, following the execution of this Agreement ( the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, any parry who is not then in default may, in writing, demand the return of its money and/or documents. Thereupon all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such demand is made, Escrow shall be closed as soon as possible thereafter. 2.3 Condition of Title to Prooertv. Seller shall cause the conveyance of his interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ('Title Policy") purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 2.4 Escrow and Closino Costs. A. Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein. B. To the extent that Seller has prepaid any taxes or assessments attributable to the Property, Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any. In no case, however, shall Buyer credit or otherwise pay Seller fro that refund, if any, through or outside of Escrow. Page 2 of 2 (d) Seller has and shall have paid, before Close of Escrow, his pro rata share of all taxes and assessments levied and assessed against the Larger Parcel. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy his pro rata share of said taxes and/or assessments; and (e) Seller is aware of his obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Larger Parcel. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE A. By execution of his Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable precondemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller herby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have Page 4 of 4 materially affected his settlement with the debtor' Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses in the future. Nevertheless, Seller herby acknowledges that this Agreement has been negotiated and agreed upon I light of that situation, and hereby expressly waive any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES. If Seller defaults under this Agreement, then Buyer may, at Buyer's option, terminate the Escrow or initiate and action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: Borchard-Laverne, LLC Carter Ewing 301 Shipyard Way Newport Beach, CA 92663 Buyer: Peter Thorson City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. Page 5 of 5 B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Merger. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Shawn Nelson represents to Seller that he is the City Manager of the City of Temecula and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City Council of the City of Temecula. L. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. Page 6 of 6 7. RIGHT OF POSSESSION. "It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this agreement, the right of possession and use of the subject property by the Buyer, including the right to remove and dispose of improvements, shall commence upon execution of this document by the City Manager of the City of Temecula or the close of escrow controlling this transaction, whichever occurs first, and that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date." EXECUTED on the date or dates set forth below. This Agreement shall be effective as of the date signed by all parties. DATED: RECOMMENDED FOR APPROVAL: Lan SELLER: BORCHARDTEMECULA LLC, A California Limited LiabilCom@ant for rly Borchard-La Verne, LLC) By: G+ V• , its Manager ohn B. Heffernan 26 Corporate Plaza, #100, Newport Beach, CA 92660 I u.ae 9, zoak By: CITY OF TEMECULA By: Shawn Nelson, City Manager ATTEST.' Susan W. Jones, CMC, City Clerk APPROVED AS TO FORM Peter M. Thorson, CityAftomey Page 7 of 7 RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 April 1, 2004 JN 15-100915-M1 Page 1 of 2 EXHIBIT "A' WETLANDS MITIGATION AREA That portion of the Temecula Rancho, in the County of Riverside, State of California, which Rancho was patented to Luis Vignes by patent recorded in Book 1, Page 37 of Patents, Records of San Diego County, California; together with a portion of Little Temecula Rancho in said County and State as shown by Map of Partition thereof on file in the office of the County Clerk of said San Diego County, described as follows: BEGINNING at the southwesterly comer of Parcel Map No. 30468 as shown on the map filed in Book 203, pages 55 through 58, inclusive, of Parcel Maps in the office of the County Recorder of said Riverside County; thence along the southerly line of said Parcel Map No. 30468 North 86"28'55" East 85.41 feet; thence continuing along said southerly line South 75"08'59" East 310.65 feet; thence leaving said southerly line South 86"32'35" East 162.48 feet to the most westerly comer of the land described as "Parcel "B" Wetland Creation Area" in that certain Final Order of Condemnation recorded November 14, 2001 as Instrument No. 2001-561440 of Official Records in the office of said Riverside County Recorder, thence along the southerly line of said "Parcel "B" Wetland Creation Area" South 60016'31" East 75.20 feet, thence continuing along the southerly line of said "Parcel "B" Wetland Creation Area" South 74"42'56" East 50.00 feet to the northwesterly comer of "Parcel "A" Wetland Preservation Area" as described in said Final Order of Condemnation; thence along the westerly line of said "Parcel "A" Wetland Preservation Area" South 20038'24" West 240.31 feet to the northerly line of Tract No. 21067 as shown on the map filed in Book 231, pages 41 through 48, inclusive, in the office of said Riverside County Recorder, thence along the northerly line of said Tract No. 21067 North 70003'20" West 175.68 feet to the beginning of a tangent curve concave southwesterly having a radius of 2300.00 feet; thence continuing along said northerly line and along said curve northwestedy413.70 feet through a central angle of 10018'21" to the southerly prolongation of the westerly line of said Tract No. 30468; thence along said southerly prolongation North 03"31'05" West 194.49 feet to the POINT OF BEGINNING. Exhibit "A" Wetland Mitigation Area CONTAINING: 3.137 acres, more or less. SUBJECT to all covenants, rights, rights -of -way and easements of record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. 4 f p— Expires 12/31/05 omas E. /05 p, P-.S. 8 D to L No. LS 534E EXPA 2131 M April 1,2004 15-100915 M1 Page 2 of 2 H:I PDATA1151009151Admin%LEGALS19151g1Ool.doc 155 I GRAPHIC SCALE -C/STATE HIGHWAY 79 IP N0: ppRc�1. �'p3 / g5 p.M.B•• Lo pG-• A 1 11 111 S-75•0 III 55'E I j ii Illl S86 32' 1 13.137 ACRES 1111 •ll I I PROJECT LOCATION S60'16'31'E 75,20' S74'42'56'E — 50.00' PP-rBr_ ET FER INST? T,IQAREA \2001-561440,O.R. o ^� PARCEL "A" No WETLAND PRESERVATION AREA / a PER INST. ND. 2001-561440,0.R. TRACT No. 21067 M.B. 231141-48 LoT 89 11 II EASEMENT N0TES' I111 A 50' WIDE EASEMENT IN FAVOR OF METROPOLITAN WATER DISTRICT �1 FOR WATER PIPELINES AND INCIDENTAL PURPOSES PER INSTRUMENT NO. 110136 O.R., REC. 12/30/59. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "GRANT OF TEMPORARY EASEMENT AND AGREEMENT (IRRIGATION LINE AND ACCESS)' PER INSTRUMENT N0. 519149 O.R. REC. 12/30/00 E: 0 0 0 Q. 0 EXHIBIT "B". �T 1 of 1 �T Q PLANNING ■ DESIGN ■ CONSTRUCTION to WETLANDS MITIGATION III III■ 27656 Tr,Ez Rom 400 0 In AREA TE3.EWLa CAIFCRIAA 92S91-4679 CONSULTING 909.676.8042 • FAX W9.676.7240 • wwwfiBF.can F a APRIL 1, 2004. SCALE 1"=200' JOB NO, 15100915 0. 3 ITEM 30 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 19-AWilliam G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Project Nominations for the Transportation Uniform Mitigation Fee (TUMF) High Priority Regional Arterial Projects Funding Program PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: Adopt a Resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROJECT NOMINATIONS TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) HIGH PRIORITY REGIONAL ARTERIAL PROJECTS FUNDING PROGRAM FOR THE FRENCH VALLEY FREEWAY INTERCHANGE, THE STATE ROUTE 79 SOUTH FREEWAY INTERCHANGE AND THE WESTERN BYPASS CORRIDOR 2. Authorize the Director of Public Works to forward said project nominations to the Riverside County Transportation Commission for further consideration. BACKGROUND: On June 9, 2004, the Riverside County Transportation Commission (RCTC) authorized its first Call for Projects to seek nominations for Transportation Uniform Mitigation Fee (TUMF) High Priority Regional Arterial Projects funding. Project nomination forms are due July 12, 2004. As detailed in the TUMF 10-Year Strategic Plan, the RCTC has approved, in concept, nine (9) regional corridors as "eligible' to be nominated for Regional TUMF funding, representing over 150 miles of proposed arterial facilities at an estimated cost of more than $915 million. The Call for Projects is open to each of the 14 incorporated cities in southwest Riverside County and four (4) Supervisorial Districts. Each jurisdiction may submit up to three (3) project nominations for funding consideration. Overall, the RCTC expects to receive $200 million of TUMF revenues and issue up to $200 million of TUMF credits in the next four to five years. Currently, there is $6.7 million available in Regional TUMF funding. A second Call for Projects is not anticipated for at least the next two years. R:\AGENDA REPORTS\2004\TUMF2004.callforprojects The Public Works Department is in the process of preparing nominations, in priority order, for the following projects: 1. French Valley Freeway Interchange 2. State Route 79 South Freeway Interchange 3. Western Bypass Corridor (alignment study) If our project nominations are successful, TUMF program funding for the French Valley Interchange, State Route 79 South Interchange and the Western Bypass project will assist in facilitating regional efforts to reduce traffic congestion, enhance safety conditions and provide access and infrastructure improvements necessary to support future development along the I-15 corridor. FISCAL IMPACT: The City of Temecula has identified the aforementioned projects within it five-year capital improvement program for FY 2004-2008. ATTACHMENTS: Resolution No. 2004- RAAGENDA REPORTS\2004\TUMF2004.c liforprojects RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROJECT NOMINATIONS TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) HIGH PRIORITY REGIONAL ARTERIAL PROJECTS FUNDING PROGRAM FOR THE FRENCH VALLEY FREEWAY INTERCHANGE, THE STATE ROUTE 79 SOUTH FREEWAY INTERCHANGE AND THE WESTERN BYPASS CORRIDOR THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. On June 9, 2004, the Riverside County Transportation Commission (RCTC) authorized its first Call for Projects to seek nominations for Transportation Uniform Mitigation Fee (TUMF) High Priority Regional Arterial Projects funding. Section 2. $6.7 million is available in Regional TUMF funding for jurisdictions having eligible transportation projects within southwest Riverside County; and Section 3. The Public Works Department is preparing nominations, in priority order, for (1) the French Valley Freeway Interchange; (2) the State Route 79 South Freeway Interchange; and (3) the Western Bypass Corridor (alignment study); and Section 4. The City Council of the City of Temecula hereby endorses and supports the nominations to the TUMF funding program for the French Valley Interchange, State Route 79 South Interchange and the Western Bypass (alignment study) to assist in facilitating regional efforts to reduce traffic congestion, enhance safety conditions and provide access and infrastructure improvements necessary to support future development along the 1-15 corridor. Section 5. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 22nd day of June 2004. ATTEST: Susan W. Jones, CMC City Clerk Michael S. Naggar, Mayor RAAGENDA REPORTS\2004\TUMF2004.callforprojects (SEAL) STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of June, 2004 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Susan Jones, CMC City Clerk RAAGENDA REPORTS\2004\TUMF2004.callforprojects ITEM 31 /ArrMUVHL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Wwilliam G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Contract Agreement for On -Call Traffic Signal Maintenance Services PREPARED BY: Ali Moghadam, Principal Engineer - Traffic RECOMMENDATION: That the City Council: Approve a Contract Agreement with Republic Electric to perform On -Call Traffic Signal Maintenance Services, for an amount not to exceed Fifty Thousand Dollars ($50,000.00), and authorize the Mayor to execute the agreement. Terminate the Traffic Signal and Safety Lighting Maintenance Agreement between the City of Temecula and County of Riverside. BACKGROUND: Since incorporation, the City of Temecula has relied on the County of Riverside for routine and after -hour traffic signal and safety lighting maintenance services. In recent years, the cost of these maintenance services has been approximately one hundred and forty thousand dollars ($140,000.00) annually. The current contract with the County stipulates that the agreement can be terminated by either party with a thirty (30) day written notice. In March 2004, the City of Temecula hired its first full time Senior Traffic Signal Technician to assume the responsibility of routine traffic signal and safety lighting maintenance services that the Countywas providing. However, these routine maintenance services need to be supplemented by emergency and non emergency after hour and weekend call -out services. In May 2004, Staff solicited proposals from five (5) qualified traffic signal maintenance contractors, including the County of Riverside, for On -Call Traffic Signal Maintenance Services. Proposals were received from Signal Maintenance, Inc., Computer Service Company, Republic Electric, and the County of Riverside. Republic Electric was selected based on the firm's qualifications, ability to provide services, responsiveness to the request for proposal, relevant experience in performing similar work and ability to respond to a "call -out" within one (1) hour. R:\AGENDA REPORTS\2004\062204\On Call Traffic Signal Maintenanca.DOC The agreement with Republic Electric is to provide emergency and non emergency after hour and weekend call -out services for traffic signals, highway safety lighting, flashing beacons and other electronically operated traffic control or warning devices. The cost to perform these services will be invoiced on a monthly basis in accordance with the hourly rate schedule for Labor, Equipment, and Material shown in Exhibit "A" of the Contract Agreement, with a not to exceed amount of $50,000.00, annually. It is Staff's opinion that by terminating the current Traffic Signal and Safety Lighting Maintenance Agreement with the County of Riverside and entering into an On -Call Traffic Signal Maintenance Agreement with Republic Electric, the City will be provided with a more efficient traffic signal maintenance service at a lower annual cost. FISCAL IMPACT: Adequate funds are available in the Public Works, Traffic Division Traffic Signal Maintenance Account for Fiscal Year 2004-2005. ATTACHMENTS: 1. Contract Agreement for On -Call Traffic Signal Maintenance Services R:\AGENDA REPORTS\2004\062204\0n Call Traffic Signal Maimenance.DOC CITY OF TEMECULA CONTRACT AGREEMENT FOR ON -CALL TRAFFIC SIGNAL MAINTENANCE SERVICES THIS CONTRACT AGREEMENT made and entered into as of June 22, 2004, by and between the City of Temecula, and Republic Electric ("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, 2004 and ending June, 30, 2005, unless sooner terminated or extended pursuant to the provisions of this Agreement. The City reserves the right of option to extend this Contract for an additional three (3) years. If contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). The term "previous twelve months" shall be the 12 month period ending June 30, 2005, or if not available, the prior month, to renegotiate the scope of work specified herein. In no event shall this Contract be extended beyond the 301h day of June, 2008. 2. SCOPE OF SERVICES. Contractor shall perform services as described and set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A, and provide and furnish all the labor, materials, necessary tools, equipment, and all transportation required to perform the services. All services, equipment, and material furnished shall be in strict accordance with the specifications set forth in the Scope of Services. 3. PAYMENT. The City agrees to pay Contractor monthly, in accordance with the Cost Proposal set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent providing traffic signal maintenance. The amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for the total term of the Agreement unless additional payment or change order is approved as provided in this Agreement. a. Contractor shall submit invoices monthly for actual services performed detailing the work performed in a form acceptable to the Director of Finance. Invoices shall be submitted on or about the first 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 30 days of receipt of invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, 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 the City or its authorized representatives. Oagreements\tmfric agrmt\Republic Electric 2004-2005 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 contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 $25.00 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. 8. 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) d ays p rior w ritten n otice. U pon receipt o f s aid n otice, t he C ontractor s hall i mmediately 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 t he event this Agreement i s terminated p ursuant to t his Section, t he 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 3. 9. 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, the 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 (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 2 rAagreements\tmffc agrmt\Republic Eledric 2004-2005 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. 10. INDEMNIFICATION. Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. than: a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less (1) General Liability: $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: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. d. Verification of Coverage. C ontractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Contractor, by executing this Agreement, hereby certifies: r\agreementsVraffic agrmtlRepublic Electric 2004-2005 "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City, or bind City in any manner. a. 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, the 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. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the 4 r:\agreementsMraffic agrmWepublic Eledric 2004-2005 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. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. 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. 20. UTILITY LOCATION. The 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 parry may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Republic Electric 715 Debra Lane Anaheim, California 92805-6334 Attention: Ken Harris 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. r\agreements\tmffic agrmt\Republic Electric 2004-2005 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 City court with jurisdiction over the City of Temecula. 27. 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. r:\agreements\traffc agrrrmt\Republic Electric 2004-2005 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Republic Electric 715 Debra Lane Anaheim, California 92805-6334 (714) 535-0550 James Wagner, Vice President - Engineering Jeff Ash, Treasurer (Two Signatures Required for Corporations) 7 rAagreements\traffic agnnt\Republic Electric 2004-2005 EXHIBIT "A' SCOPE OF SERVICES AND COST PROPOSAL r\agreements\traffic agrmt\Republic Electric 2004-2005 SCOPE OF SERVICES 1. Republic Electric will provide emergency and non -emergency after hour and weekend call -out service for traffic s ignals, h ighway s afety I ighting, flashing b eacons a nd other electrically o perated traffic control or warning devices. R esponse to emergency after hour and weekend call -out services will be within one (1) hour of receipt of call. 2. Republic Electric will provide a certified traffic signal technician with a minimum of three (3) years experience in traffic signal maintenance and repair. The technician shall be familiar with programming and trouble shooting Type 170 controllers equipped with Bitrans 200 program. 3. Republic Electric will provide all required tools, equipment, apparatus and materials to perform all work necessary to repair the traffic signals and flashing beacons identified in Exhibits "B" and "C" of the Request for Proposal (RFP) 127, On -Call Traffic Signal Maintenance Services for the City of Temecula dated May 5, 2004. r:\agreements\traffic agnnt\Republic Eledric 2004-2005 COST PROPOSAL Labor Hourly Rate Schedule Hourly Rafe Signal Maintenance Superintendent (Foreman)* $ 85.00 Signal Maintenance Technician (Journeyman Electrician)* $ 70.00 Traffic Signalman (Journeyman Electrician)* $ 70.00 Engineering Technician (Journeyman Electrician)* $ 70.00 *Republic Electric complies with all City/Local, State and Federal laws regarding prevailing wage and overtime rates. Eauioment Rate Schedule Service Truck $ 10.00 Crane Truck $ 75.00 Hydraulic Man -Lift Truck (Bucket Truck) $ 25.00 Compressor/Jackhammer $ 10.00 Concrete SawMater Truck $ 10.00 Loop Resealing Per Linear Foot $ 2.75 Loop Replacement $ 295.00 Material Mark -Up 15% Method of Invoicin4 Republic Electric will submit a monthly bill to the City of Temecula for all service calls performed for the previous month. 10 r:\agreements\lmKc agent\Republic Electnc 2004-2005 ITEM 32 APPROVAL A,` CITY ATTORNEY JI DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Im,"William G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Winchester Road Widening at Jefferson Intersection, Project No. PW00-27 Acquisition Agreement, APN 909-281-019 PREPARED BY: Amer Attar, Principal Engineer Marilyn Adarbeh, Property Agent RECOMMENDATION: That the City Council: Approve and authorize the Mayor to execute in substantially the form attached hereto, the AGREEMENT OF PURCHASE AND SALE BETWEEN THE CITY OF TEMECULA AND WINCHESTER/JEFFERSON, L. P., for the acquisition of certain real property in the amount of $136,414.00 plus the associated escrow fees. 2. Direct the City Clerk to record the document. BACKGROUND: On July 22, 2003, the City Council approved the Appraisal Report and authorized the City Engineer and the City's Property Agent, to make offers and negotiate the acquisition of certain real properties required for the construction of the Winchester Road Widening, Project No. PW00-27. The attached Agreement of Purchase and Sale describes the details for the acquisition of the real property interests necessary to construct the improvements for the future Winchester Road Widening. Staff negotiated with the property owner and a settlement of $136,414.00 is acceptable to the property owner. This amount is within the 10% contingency authorized by the City Council. Upon the approval of the Agreement of Purchase and Sale and the close of escrow, the City will own the easement on APN 909-281-019. Additionally, Government Code section 27281 permits governmental agencies to authorize one or more of its officers or agents to accept and consent to acceptance for recordation any interest in real estate. This authorization given to the Public Works Department, by resolution of the City Council, will expedite the processing of the real estate transactions. FISCAL IMPACT: The Winchester Road Widening Project is funded through Capital Project Reserves. The funds for the land acquisition have been budgeted in the Capital Improvement Program, Fiscal Years 2003-2004. Adequate funds are available in Account No. 210-165-608- 5700 for the total acquisition cost of $136,414.00 plus the associated escrow fees. 1 RAgenda Reports\2004\062204\purchase of Winchester Jeff Plaza r_ r-T44SrarM.r1&+ 1. Resolution No. 2004- 2. Project Location 3. Project Description 4. Purchase and Sale Agreement 2 R:\Agenda Reports\2004\062204\purchase of Winchester Jeff Plaza RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVES AS FOLLOWS: WHEREAS, Government Code Section 27281 permits any political corporation or governmental agency to authorize one or more of its officers to accept and consent to acceptance for recordation any interest in real property; WHEREAS, the City Council finds that authorizing the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate will speed up the processing of real estate transactions; WHEREAS, the City Council desires to authorize the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate; NOW, THEREFORE BE IT RESOLVED; The Director of Public Works is hereby authorized to accept deeds or grants conveying any interest in, or easement upon, real estate for the City Council of the City of Temecula. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 22nd day of June, 2004 by the following vote: ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor 3 RAAgenda Reports\2004\062204\purchase of Winchester Jeff Plaza STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 22nd day of January 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 4 R:Wgenda Reports\2004\062204\purchase of Winchester Jeff Plaza d y� !"� u m 0 i a z K v oo CD O d E" N y m O r r N l- h r y n U U CC) u v� vi v� c9 s9 U •° y �o 0 0 C N p a� o O N 00 � 'pU' ❑F❑ 0 N a G V 0 O N bpH � •N � u 0 0 0 0 0 � v_o O oov N N m 00 [, O ii OC 7 rn vt a 69 69 59 69 69 ti > d o 0 0 0 0 o 3 0 a Nr ;+ � wl rn o M N y m A(ON m N O v� v� s9 s9 ug M V f~/1 V N G O G ai G T G H �F 0 Q Q UAEF F M 0 0 0 Cl ItV o 00 N 7 %O .ti .-i il)ifog. u 0 PROJECT: Winchester Road widening APN: 909-281-019 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ('Buyer") and Winchester Jefferson Plaza, L.P., a California limited partnership ("Seller"). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Parcel No. 909-281-019, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Larger Parcel"). B. Buyer desires to purchase a permanent street easement and a temporary construction easement in the Larger Parcel, identified as APN 909-281-019, shown on Exhibit "A" attached hereto and made a part hereof (the "Property") and Seller desires to sell the Property. C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: PURCHASE. Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Upon execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with FIRST AMERICAN TITLE (the "escrow Holder"), for the purpose of consummating the purchase and sale of the Seller's interest in the Property as described herein. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: Page 1 of 1 2.1 Purchase Price. The total purchase price for the Property shall be the sum of One Hundred Thirty Six Thousand Four Hundred Fourteen Dollars ($136,414.00) for an all-inclusive settlement. The purchase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 2.2 Close of Escrow Escrow shall close on or before sixty (60) days or sooner, following the execution of this Agreement ( the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, any party who is not then in default may, in writing, demand the return of its money and/or documents. Thereupon all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such demand is made, Escrow shall be closed as soon as possible thereafter. 2.3 Condition of Title to Property. Seller shall cause the conveyance of his interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 2.4 Escrow and Closing Costs. A. Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein. B. To the extent that Seller has prepaid any taxes or assessments attributable to the Property, Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any. In no case, however, shall Buyer credit or otherwise pay Seller fro that refund, if any, through or outside of Escrow. Page 2 of 2 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above: (ii) the purchase price to be paid to Seller through Escrow; (iii) such other documentation as is necessary to close Escrow. B. Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed Grant Deed for conveyance of his interests in the Property to Buyer; and (ii) such other documents and sums, is any, as are necessary to close Escrow in conformance herewith. 2.6 Buyer's Conditions Precedent to Close of Escrow. The close of Escrow is subject to the following conditions: (a) All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow: and (b) Seller shall timely perform all obligations required by the terms of this Agreement to be performed by them. 2.7 Seller's Conditions Precedent to Close of Escrow. For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 3. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; (b) To Seller's knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; (c) Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect his interest in the Property without the prior written consent of Buyer; Page 3 of 3 (d) Seller has and shall have paid, before Close of Escrow, his pro rata share of all taxes and assessments levied and assessed against the Larger Parcel. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy his pro rata share of said taxes and/or assessments; and (e) Seller is aware of his obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Larger Parcel. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE A. By execution of his Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable precondemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller herby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have Page 4 of 4 materially affected his settlement with the debtor' Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses in the future. Nevertheless, Seller herby acknowledges that this Agreement has been negotiated and agreed upon I light of that situation, and hereby expressly waive any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES. If Seller defaults under this Agreement, then Buyer may, at Buyer's option, terminate the Escrow or initiate and action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: Winchester Jefferson Plaza, L.P. C/O West Mar Commercial Property Managers 41623 Margarita Road, Suite 100 Temecula, CA 92591 Buyer: Peter Thorson City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours,following the deposit of said notice or otherdocument in the... United States mail. Page 5 of 5 B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Mercier. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Michael S. Naggar represents to Seller that he is the Mayor of the City of Temecula and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City Council of the City of Temecula. L. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. .7. .RIGHT OF POSSESSION. Page 6 of 6 "It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this agreement, the right of possession and use of the subject property by the Buyer, including the right to remove and dispose of improvements, shall commence upon execution of this document by the Mayor of the City of Temecula or the close of escrow controlling this transaction, whichever occurs first, and that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date." EXECUTED on the date or dates set forth below. This Agreement shall be effective as of the date signed by all parties. DATED: RECOMMENDED FOR APPROVAL: M SELLER: Winchester erson Plaza a Califowied'rt r pBY: Rx, Inc, Its n B Albert W. Anderson Secretary/Treasurer BUYER CITY OF TEMECULA a Michael S. Naggar, Mayor ATTEST Susan W. Jones, CMC, City Clerk APPROVED AS TO FORM PeterM. Thorson, City Attorney Page 7 of 7 EXHIBIT "A-1" LEGAL DESCRIPTION FOR PERMANENT EASEMENT (WINCHESTER ROAD & JEFFERSON AVENUE) BEING PORTIONS OF PARCEL 14 AND 15, OF PARCEL MAP NO. 19582-2, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 147, PAGES 3 THROUGH 6, ALSO DESCRIBED AS LOT `B' OF LOT LINE ADJUSTMENT NO.2620, APPROVED BY THE RIVERSIDE COUNTY PLANNING DEPARTMENT ON JANUARY 28, 1988, AND RECORDED MARCH 17, 1988 AS INSTRUMENT NO.71282, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS THE FOLLOWING PARCEL `A' AND PARCEL `B': PARCEL `A' COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT `B', THENCE ALONG THE NORTHEASTERLY LINE THEREOF; SOUTH 37040'46" EAST 148.87 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE 2. SOUTH 37040'46" EAST 151.13 FEET TO AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT `B', THENCE ALONG THE SOUTHEASTERLY LINE THEREOF 3. SOUTH 48008'33" WEST 12.03 FEET THENCE DEPARTING SAID SOUTHEASTERLY LINE 4. NORTH 37040'46" WEST 152.01 FEET THENCE 5. NORTH 52019' 14" EAST 12.00 FEET TO THE TRUE POINT' OF BEGINNING CONTAINS 1,819 SQUARE FEET OR 0.042 ACRE, MORE OR LESS. PARCEL `B' BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT `B', THENCE ALONG THE SOUTHEASTERLY LINE THEREOF; Notice of Hearing on Resolution (Winchester_ efYerson)l 1. SOUTH 48008'33" WEST 226.19 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 'B'; THENCE ALONG THE SOUTHERLY LINE 2. NORTH 88004'35" WEST 33.24 FEET TO AN ANGLE POINT INSAID SOUTHERLY LINE; THENCE ALONG THE SOUTHWESTERLY OF SAID LOT 'B' 3. NORTH 41051'27" EAST 16.62 FEET THENCE DEPARTING SAID SOUTHWESTERLY LINE 4. SOUTH 88004'35" EAST 39.92 FEET THENCE 5. NORTH 48008'33" EAST 221.37 FEET TO A POINT IN THE NORTH- EASTERLY LINE OF SAID LOT 'B'; THENCE ALONG SAID NORTHEASTERLY LINE 6. SOUTH 41°51'27" EAST 12.00 FEET TO THE POINT OF THE BEGINNING CONTAINS 3,124 SQUARE FEET OR 0.042 ACRE, MORE OR LESS. Notice of Hearing on Resolution (Winchestei_Jefferson)l 0 4 4 I I I I I I I r EXHIBIT "B"- 1 LEGEND INDICATES RIGHTS WAY ACW9D0NI AREA PARCEL A - 0.042 AC 1819 S.F. PARCEL. B - 0.072 AC 3124 S.F. POC POINT OF COMMENCEMENT POB POINT OF 9EGNMNG TP08 TRUE POINT OF BEGINNING EASEMENT NOTES Q CENTERLINE OF AN UNSPECIM 1001H EASEMENT IN FAVOR OF SOI/IHERN SIERRAS POKER COMPANY (NOW SOUTHERN CALF'ORMA EDISON COMPAN)) FOR POLE LINES AND NOVENTAL PURPOSES PER INST. REC 01/2J/36 N SK 26.X PG 423 OR © A 10, WX EASEMENT N FAVOR OF RANCHO CALIF L4 WATER OISTVCT FOR PIPFEINES AND STRUCTURES AND NCMENTAL APPURTENANCES PER NST. NO 297966 REC f0/14/88 O.R. Q A 12' WDE EASEMENT N FAVOR OF SOU7HERI4 CALFaWA EDISON COMPANY FOR UNDERGROUND ELECTRICAL SUPPLY SYSTEMS AND COMMUMCATION SYSTEMS PER NST. NO 34639 REC 02102/89 O.R. Q A 25' wDE EASEMENT FOR MAINTENANCE OF LANDSCAPING PER NST. NO. 281100 REC 12113165 O.R. © A 4o' *w EASE7IENT FOR coNsmuCnom AND MAINTENANCE OF DR "AYS AND RELA TO APPURTENANCES PER NST EN 71284 REC 03117188 O.R. A 16' N10E EASEMENT FUR ELECTRICAL PCLE LINE AND RELATED APPURTENANCES PER NST. NO. 71284 REC 0JI17188 O.R. O A &ANKET EASEMENT FOR IRANSM/SSTO4 Or ELECTRIC ENERGY FOR C10MMWVICAROVS AND OTHER PURPOSES PER NST NO. 354248 REC 12105186 0.2 PRQTW7DWr,N CONSULTANTS R+RaeP 909'995'5599 FAX B95.$597 Tom. T:\SURVEY\2310.06\PLATS\231 OP03-3.d.9 MaY 28, 2003 - 11:17an SHEET 1 OF 2 A. * NO. 7178 E)P.12-31-03 SCOTT A WtST LS. N78 REUSTR4WN EAWRES 12131All EXHIBIT "B" SHEET 2 OF 2 Poc PC A' \\ \ \ �o \ � G LOT 'A' \` LLA 2620 LOT LLA 2620 0 I UNE BEARING LENGTH U 8BV 35-W .'"2S' \ N881jrw 39.09 ITi\SURVEY\2310.06\PLATS\2310P03-I.dwg M4Y 23. 2003 - 1L18nn 0 i' EXHIBIT "A-T' LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT BEING PORTIONS OF PARCEL 14 AND 15, OF PARCEL MAP NO. 19582-2, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 147, PAGES 3 THROUGH 6, ALSO DESCRIBED AS LOT 'B' OF LOT LINE ADJUSTMENT NO.2620, APPROVED BY THE RIVERSIDE COUNTY PLANNING DEPARTMENT ON JANUARY 28, 1988, AND RECORDED MARCH 17, 1988 AS INSTRUMENT NO.71282, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS THE FOLLOWING PARCEL 'A' AND PARCEL'B': PARCEL'A' COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 'B', THENCE ALONG THE NORTHEASTERLY LINE THEREOF; 1. SOUTH 37040'46" EAST 148.87 FEET THENCE DEPARTING SAID NORTHEASTERLY LINE 2. SOUTH 52019' 14" WEST 12.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE 3. SOUTH 37040'46" EAST 152.01 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 'B'; THENCE ALONG SAID SOUTHEASTERLY LINE 4. SOUTH 48008'33" WEST 20.05 FEET THENCE DEPARTING SAID SOUTHEASTERLY LINE 5. NORTH 37040'46" WEST 153.47 FEET THENCE 6. NORTH 52019' 14" EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 3,054 SQUARE FEET OR 0.070 ACRE, MORE OR LESS. PARCEL'B': BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 'B', THENCE ALONG THE NORTHEASTERLY LINE THEREOF Notice of Hearing on Resolution (Winchestcrjeffmon)l 1. NORTH 41051'27" WEST 12.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID NORTH- EASTERLY LINE 2. SOUTH 48008'33" WEST 221.27 FEET THENCE 3. NORTH 88004'35" WEST 28.91 FEET THENCE 4. NORTH 48008'33" EAST 242.24 FEET TO A POINT IN THE NORTH- EASTERLY LINE OF SAID LOT `B', THENCE ALONG SAID NORTHEASTERLY LINE 5. SOUTH 41051'27" EAST 20.00 FEET TO THE TRUE POINTOF BEGINNING. CONTAINS 4,637 SQUARE FEET OR 0.106 ACRE, MORE OR LESS. Notice of Hearing on Resolution (Winchester_Jefferson)l a 4 11 4 4 I I I I EXHIBIT "B" - a-- SHEET I OF 2 LEGEND -1 MCA TES )ENPORARY CONSIM170H EASEUENT AREA: PARCEL A - 0070 AG M54 SF. PARCEL 8 - 0.106 AC 4637 SFF, POC POINT OF COMMENCEMENT TPOB TRUE POINT OF BEOINNING VICINITY MAP No SCALE EASEMENT NOTES Q CENTERLINE OF AN UNSPEOIRED MOTH EASEMENT JU FAVOR OF SOUIHERN SIERRAS PORN COMPANY (NOW SOUTHM CALIFORNA EDISON COMPAN)) FOR POLE LJUES AND JUomIAL PURPOSES PER JUST. Rm 011'13/36 JU BK 264 PG 423 O.R © A 10' INDE EASEMENT JU FAVOR OF RANCHO CALIFORNIA WATER DLSINlCr FOR PFRINES AND SIRUCILM ANO INCMIAL APPURTENANCES PER JUST. NO. 297960 RM 10/14/$8 O.R 0 A 12' INDE EASEMENT JU FAVOR OF SOUTHERN CALLFORNIA EDISON COMPANY FOR UNDERGROUND EIECINCAL SUPPLY SYSTEMS AND COIIMUNCATION SYYUS PER JUST. N0. U639 REC. 02/02A9 O.R. Q A 25' WOEEASEMENT FOR MAJUIFNANCE OF LANDSCAPING PER JUST. NO 281100 RM 12113185 O.P. ® A 40' W1DE EASEMENT FOR COINSIRIICDON AND MAINIENANCE OF W0VEIPAYS AND RELATED APPURTENANCES PER JUST. NO. 7f284 R7^. 03/17/86 O.R. Q A 16' IWDE EASEWENr FOR ELECTRICAL POLE LINE AND RELATED APPURTENANCES PER JUST. NO. 71284 REC 03/17188 OR, O A BLANKET EASBIENT FOR TRANS+WWON OF EECIMC ENERGY FOR COMMUNCATIONS AND OTHER PURPOSES PER JUST. N0. 554248 REC 12105188 O.R. PRCUEGMESI )N CONSULTAM 43460 909.69R5 �"Sutle no hmeeWa Ch 9rs90 Ss96 SAX 695.6597 TA SURVEY\2310.D6\PLATS\231 OP0374.dwg May 26. 2003 --llife" N0. 7178 Bp. 12-31-M S>;10TT A 199sr LS 7176 DAZE RECISTR47M E1FM 12/d1AiT o to N U �1 J I LINE BEARING LENGJN Ll S5279'140W 1200' L2 N5279'14T 20.00' L3 S48V8'33'W 1203' L4 S48178:T3'W 20.05' L5 N4151'2rW 1200' L6 54151'2rE 20.00' L7 N88174'35'W 2&91' EXHIBIT "B" PoPCL \\ 4 40i LOT V LLA 2620 y� o� - <\ SHEET 2 OF 2 LOT 'A' LLA 2620 PFA TI\SURVEY\2310.06\PLATS\2310P03-2.dwg May 23, 2003 - 11-45an ITEM 33 ORDINANCE NO. 04-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 5.08 TO THE TEMECULA MUNICIPAL CODE RELATING TO ART IN PUBLIC PLACES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Purpose and Findings. The City Council finds, determines and declares that: A. Public artwork enhances the quality of life for individuals living in, working in and visiting Temecula. B. As development and re -development of real property within Temecula continues, urbanization of the community results and the opportunity for creation of public artwork is diminished. C. The California Supreme Court has ruled that municipalities can require developers either to include public artwork in their development projects or to pay an in lieu fee. Ehrlich v. City of Culver City, 12 Cal. 854 (1996). D. Establishment of the Art in Public Places Program set forth in this Ordinance will promote the general welfare by ensuring that public artwork is generated in conjunction with private development projects that contribute to urbanization of the community. Section 2. Chapter 5.08, Art in Public Places, is hereby added to the Temecula Municipal Code to read as follows: "Chapter 5.08 ART IN PUBLIC PLACES 5.08.010 Purpose. The purpose of this chapter is to enhance the quality of life for city residents, workers and visitors by providing for the acquisition and maintenance of public artwork. 5.08.020 Implementation of chapter. A. The procedures prescribed by this chapter for review and approval of public artwork shall be conducted concurrently with any applicable procedures prescribed by Title 17 of this code for review and approval of development permits. B. The community services department shall establish guidelines that specify maintenance requirements for public artwork installed on private property to satisfy the public artwork requirement. 5.08.030 Definitions. RJOrds 2004/Ord 04-06 For the purposes of this chapter, the following words and phrases shall have the following meanings: "Appropriately maintained" means maintained in conformance with the city's public artwork guidelines. "Artwork" means an original creation of physical art including without limitation a fountain, mobile, mosaic, mural, painting, sculpture and tapestry. An artwork may be realized through such mediums as bronze, ceramic tile, concrete stained glass, steel or wood. An artwork may be an integral part of a building or public space, whether attached to, interior of or external to the building. "Development project" means construction or modification of a building. "In lieu art fee" means a fee in the amount of one -tenth of one percent of the project cost in excess of one hundred thousand dollars. "Project cost" means the total value of a development project, excluding the land value, as indicated on the building permit issued by the city for the project. "Public artwork" means an artwork that is either (i) donated to the city for installation on city property; or (ii) installed on private property in a publicly accessible location. "Public artwork requirement" means the requirement, imposed by this chapter, of providing a public artwork or paying the in lieu art fee. "Publicly accessible" means accessible to the public for viewing, in a direct line of sight, for a minimum period of ten hours per day, seven days per week. "Value of a public artwork" means the cost of designing, acquiring, constructing and installing an artwork, as applicable. 5.08.040 Art in Public Places Fund. A. There is hereby established in the city a fund known as the "Art in Public Places Fund," which shall be a depository for fees paid pursuant to this chapter and for public art - related monetary donations to the city. B. The Art in Public Places Fund shall be maintained by the finance director and shall be utilized for the following purposes: 1. Administration of this chapter. 2. Design, acquisition, installation, improvement, maintenance and insurance of public artwork displayed on city property. 3. Offering of performing arts programs on city property for the community. 4. Art education programs on city property for the community; provided, however, that not more than five percent of the fund's annual budget shall be used for this purpose. RJOrds 2004/Ord 04-06 2 5.08.050 Applicability of public artwork requirement. A. Except as provided in paragraph B below, the public artwork requirement shall apply to the following development projects: 1. Single-family residential unit on a lot within an approved subdivision and having a project cost in excess of one hundred thousand dollars ($100,000). 2. Multi -family residential units having a project cost in excess of one hundred thousand dollars ($100,000) per unit. 3. Commercial, industrial, office and other non-residential units in excess of one hundred thousand dollars ($100,000). B. The following development projects shall be exempt from the public artwork requirement: 1. Government agency development projects. 2. Reconstruction of structures that have been damaged by fire, flood, wind, earthquake or other calamity. 5.08.060 Satisfaction of public artwork requirement. A. The public art requirement shall be satisfied by completing one of the following actions in accordance with this chapter: 1. Donating a public artwork to the city. 2. Installing a public artwork on private property. 3. Paying an in lieu art fee. B. If the value of a public artwork used to satisfy the public artwork requirement is less than the amount of the in lieu art fee that otherwise would be applicable to the development project, then the difference shall be paid to the city and deposited in the Art in Public Places Fund. 5.08.070 Procedure for donation or installation of public artwork. A. An application for donation of a public artwork to the city, or for installation of a public artwork on private property, shall be filed with the community services department prior to the issuance of grading or building permits for a development project. The application shall include: 1. Preliminary sketches, photographs, models or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork. 2. An appraisal or other evidence of the value of the proposed artwork. 3. The resume of the creator of the proposed artwork. RJOrds 2004/Ord 04-06 3 4. If the application is for donation, then the application shall also include the following: a. A city attorney -approved written statement executed by the artwork's creator waiving such person's rights under the Visual Artists Rights Act of 1990 (17 U.S.C. 101 et seq.), California Civil Code Section 1542 and equivalent laws. 5. If the application is for installation, then the application shall also include the following: a. Preliminary plans of sufficient descriptive clarity to indicate the compatibility of the proposed public artwork with the development project, adjacent parcels and the surrounding neighborhood. b. A written statement explaining how the proposed artwork will be publicly accessible. 6. Any other information requested by the community services department to enable reasonable evaluation of the application. B. Each application shall be reviewed initially by the community services department, which shall make a recommendation thereon. If the application is for donation, then the community services commission shall be an advisory body and the city council shall be the decisionmaker. The city council's decision on an application for donation shall be final. If the application is for installation, then the community services commission shall be the decisionmaker and its decision shall be final unless appealed to the city council in accordance with Chapter 2.36 of this code. C. Prior to installing a public artwork on private property to satisfy the public artwork requirement, the property owner shall execute and record with the county recorder a city attorney -approved covenant. Such covenant shall require the property owner and successors thereof to do the following: Maintain the public artwork in good condition. 2. Allow city representatives to enter upon the property upon reasonable written notice to perform necessary repairs to the public artwork at the property owner's expense when it is not maintained in good condition. 3. Indemnify, defend and hold harmless the city, its officers, employees and agents from any claim, demand, damage, liability, loss, cost or expense attributable to the public artwork. 5.08.080 Procedure for payment of in lieu art fee. Payment of the in lieu art fee shall be made prior to the issuance of grading or building permits unless an alternative deadline is approved by the city council. 5.08.090 Maintenance of public artwork on private property. RJOrds 2004/Ord 04-06 Public artwork installed on private property to satisfy the public artwork requirement shall be appropriately maintained and insured by the property owner. The insurance shall be in an amount determined by the city manager and shall provide coverage in the event of fire damage to or vandalism of the public work. 5.08.100 Removal or alteration of public artwork on private property. Artwork installed on private property to satisfy the public artwork requirement shall not be removed or altered without the prior approval of the city council. In addition to any other applicable penalty, violation of this section may render the property owner liable for payment of the in lieu art fee that would have been applicable to the development project, and may result in revocation of the occupancy permit issued for the development project. Prior to any imposition of in lieu art fee liability or occupancy permit revocation pursuant to this section, the city shall afford the property owner notice and an opportunity for a hearing." Section 2. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 3. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED, this 22nd day of June, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] RJOrds 2004/Ord 04-06 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-06 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 8ch day of June, 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 22Id day of June, 2004, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2004/Ord 04-06 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JUNE 8, 2004 A regular meeting of the City of Temecula Community Services District was called to order at 7:27 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Comerchero, Naggar, Roberts, Stone ABSENT: 1 DIRECTORS: Washington Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of May 25, 2004. 2 HVAC Preventative Maintenance Service Contract for all City Facilities RECOMMENDATION: 3 2.1 Award a twelve-month contract to Southcoast Heating and Air Conditioning Service for a total amount of $65,000.00, effective July 1, 2004. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 04-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN TRACTS INTO TCSD SERVICE LEVEL B FOR PURPOSES OF FUNDING THE ENERGY CHARGES FOR RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR 2004-2005 Minutes.csd\060804 3.2 Adopt a resolution entitled: RESOLUTION NO. CSD 04-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN SLOPE AND LANDSCAPE AREAS WITHIN TRACT MAP NO. 23209, CROWNE HILL AND HARVESTON DEVELOPMENTS INTO SERVICE LEVEL C FOR MAINTENANCE PURPOSES BEGINNING FISCAL YEAR 2004- 2005 3.3 Authorize the City Clerk/District Secretary to record the slope easement documents. MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1-3. The motion was second by Director Comerchero and electronic vote reflected unanimous approval, with the exception of President Washington, who was absent. PUBLIC HEARING Any person may submit written comments to the Temecula Community Services District before a public hearing or may appear and may be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. TCSD Proposed Rates and Charges for Fiscal Year 2004-2005 RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. CSD 04-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C — PERIMETER LANDSCAPING, AND SERVICE LEVEL D — REFUSE AND RECYCLING COLLECTION SERVICES FOR FISCAL YEAR 2004-2005 4.2 Adopt a resolution entitled: Minutes.csM60804 RESOLUTION NO. CSD 04-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL R — ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2004-2005 Community Services Director Herman Parker presented the staff report of record. Vice President Jeff Stone opened the public hearing. Hearing no requests to speak, Vice President Stone closed the public hearing. MOTION: Director Roberts moved to approve staff recommendations 4.1 and 4.2. The motion was second by Director Naggar and electronic vote reflected unanimous approval, with the exception of President Washington, who was absent. DISTRICT BUSINESS Review and Adoption of the FY2004-2005 Annual Operating Budget RECOMMENDATION: 2.2 Adopt a resolution entitled: RESOLUTION NO. CSD 04-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY2004-05 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS General Manager Shawn Nelson presented the staff report of record. Director Comerchero asked if the new Teen Facility Proposal has been placed in the Capital Improvement Program. General Manager Nelson answered that funding for a Feasibility Study has been allocated in the budget, and upon results of this study, this project would be added to the Capital Improvement Program. MOTION: Director Comerchero moved to approve staff recommendation for Items No. 5. The motion was second by Director Roberts and electronic vote reflected approval with the exception of Director Stone who was absent. DEPARTMENTAL REPORT No additional comments. Minutes.csd\060804 DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Parker announced the opening of the Children's Museum on Saturday, June 26`h. He also informed the community that the new Recreation Brochure will be arriving in their mail for upcoming summer activities. GENERAL MANAGER'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comment. ADJOURNMENT At 7:35 P.M., the Temecula Community Services District meeting was formally adjourned tc Tuesday, June 8, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, CIVIC City Clerk/District Secretary [SEAL] Minutes.csd\060804 ITEM 2 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 22, 2004 �%' SUBJECT: Acceptance of a Landscape Easement Deed within the Serena Hills Development Tract Map No. 23209 PREPARED BY: Barbara Smith, Management Analyst (� RECOMMENDATION: That the Board of Directors: Accept a landscape maintenance easement deed from Alexanre Golovnia and Lidia Grichtchenko for the maintenance of an area on the west side of their residential lot 220 within Tract Map No. 23209. 2. Authorize the City Clerk to record the Landscape Maintenance Easement Deed. BACKGROUND: Serena Hills is a 220 residential home development located off La Serena and Butterfield Stage Roads. The developer was conditioned to install landscaping along the perimeter of the development and the Temecula Community Services District (TCSD) will officially accept these slopes into our Service Level C maintenance area on July 1, 2004. Landscape maintenance easements were offered and accepted on the final maps. However, due to improper placement of a block wall on residential Lot 220 it has become necessary to include a small area, of approximately 43 square feet, into the TCSD maintenance district. This area is at top of slope and does not require a redesign of the approved landscape improvement plans. The legal descriptions have been checked and approved by our Public Works Department. FISCAL IMPACT: None. The small additional area will not require an increase in Service Level C rates and charges for Serena Hills. ATTACHMENTS: Vicinity Map Copy of Easement Deeds RAsndthb\Ease=nts\Staff-Serena Hills Lot 220.dm 06/10/2004 VICINITY MAP Tract No. 23209 Not to Scale Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 LANDSCAPE MAINTENANCE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Alexanre Golovnia and Lidia Grichtchenko, Husband and Wife as Joint Tenants ("Grantors") hereby grants and conveys to the Temecula Community Services District ("Grantee") a public corporation, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing irrigation equipment over and within the boundaries of that certain real property located in the County of Riverside, State of California, hereinafter described as follows in Exhibit "A " which is attached. If GRANTEE, or its, successors, or assigns, determine it is unable, incapable, or unwilling to maintain said Easement Area maintenance shall, after notice, become the responsibility of the GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assignees of the GRANTOR. All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHERE OF; this instrument has been executed this --S-- day of J11AIE , 2004. Signature: L - I� l7 Print/Type Name: &O L OV/y+' A 1 ExgN01?t Position: Signature: DS l �I✓ — — / Print/Type Name: Position: T:\SURVEY\213"LATS\TCSD\2138-DEED-TCSD-220.dw STATE OF CA IFORNIA) COUNTY OF X /QE) SS ON a %C�y , BEFORE ME, A NOTARY PU LIC, PERSONALLY AP AL 0N0 61014 �RtCH7-GffEn//cp MT -OR 4/PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) 4$/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT H�/THEY EXECUTED THE SAME IN H+&/-ffFtfTHEIR AUTHORIZED CAPACITY(IES), AND THAT BY Hl--97LH&RfTHEIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND. SARAH A GORDON Commission/1361325 zamy Notary PubCalifslie - California � San Diego County NOTARY PUBLIC IN AND FOR SAID COUNTY AND S Comm E-,oms Jun 17,2008 MY COMMISSION EXPIRES ON SUNE- 1-71 200 0 200 MY PRINCIPAL PLACE OF BUSINESS IS IN IUEISLpE COUNTY. LEG GEN/MS/NOl ARYN2DOC EXHIBIT 'A' LEGAL DESCRIPTION FOR TCSD LANDSCAPE EASEMENT BEING THAT PORTION OF LOT 220 OF TRACT NO. 23209, IN THE CITY OF TEMECULA, AS SHOWN ON MAP ON FILE IN BOOK 320, PAGES 79 THROUGH 97 INCLUSIVE, RECORDED JUNE 28, 2002 IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 220; THENCE ALONG THE SOUTHWESTERLY LINE THEREOF 1. NORTH 39016'27" WEST 38.14 FEET; 3 5! 19 NORTH 50043*33" EAST 1.00 FEET NORTH 39016'27" WEST NORTH 40040'49" WEST SOUTH 55055'08" EAST 19.54 FEET; 34.60 FEET; 6.95 FEET; THENCE DEPARTING SAID SOUTHWESTERLY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A LINE THAT IS PARALLEL AND DISTANT 1.00 FEET FROM COURSE NO. 1 OF THIS DESCRIPTION WHEN MEASURED AT RIGHT ANGLES TO SAID COURSE NO. 1, SAID LINE ALSO BEING THE NORTHEASTERLY LIMITS OF A TCSD EASEMENT GRANTED PER SAID TRACT NO. 23209; THENCE ALONG SAID PARALLEL LINE AND SAID TCSD EASEMENT THENCE CONTINUING ALONG SAID TCSD EASEMENT THENCE DEPARTING SAID TCSD EASEMENT THENCE R:\WP\Legal\2100\2138-LEG-WSD-220.doc PAGE 1 OF 2 6. SOUTH 37053'44" EAST 47.49 FEET CONTAINS 43 SQUARE FEET, MORE OR LESS. TO THE TRUE POINT OF BEGINNING. �I� /zi�_1 4-2-o'4 SCOTT A. HURST DATE LS 7178 EXPIRATION DATE 12/31/05 R:\WP\Lega1\2100\2138-LEG-T SO-220.doc PAGE 2 OF 2 EXHIBIT "B" LINE BEARING LENGTH L1 N50%13'33 E 1.00' L2 N3976 27'W 19.54' L3 N40 4049'W 34.60' L4 S555506eE 6.95' L5 S3753'440E 47.49' —r r , n „ —r A I „ „ „ „ „ „ • I r\ „ „ „ , r7 r, /, r7 IV1 F< < / I I / / \A _ �A / ci V i 220 �\ `r IPOB �o°9 \ 33 \ LEGEND INDICATES TCSD LANDSCAPE ACOUIS177ON AREA: 43 SF. POC POINT OF COMMENCEMENT MOB TRUE POINT OF BEGINNING ePRQWTDEgGN 70 Td'6ER9'DE WA TO CZ oa �0 N II/u7u Hots Road e x Rood a it0f9p Mc110 \19 o � V � A$ 1� '10 6 r-J STALE ROUTE 7! 1 \ VK*M MAP 70 SW DIEW ao are[ POC ZC� LAND SGH A. o PN A SO / N0. 717 � Exp. 12-31-05 gTEOF C COrgUL Ana la.Brv�u,®+w,.Srxar®aosm IGFS 43460 Ridge Pa,k Drive, Suite M 7Vn.,iq Cn 92690 909 696-5596 FAX 695-6597 0 SCOTT A. HURST LS 7178 DATE UCENSE DORES 12/31/05 T;\SURVEY\2138\PLATS\TCSD\2138-TCSD-LOT-220.dwg Apr 01, 2004 - 1:07pm ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINA E CITY MANAGER -171 CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Service DATE: June 22, 2004 SUBJECT: Professional Services Agreement for TCSD Landscape Plan Check and Inspection Services PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the Board of Directors: Approve a Professional Services Agreement with PELA, a Landscape Architectural Firm, for TCSD landscape plan check and inspection services in the amount of $60,000 and authorize the Board President to execute the agreement. BACKGROUND: Since 1993, PELA, a Landscape Architectural Firm, (PELA) has provided landscape plan check and inspection services to the TCSD to augment the Maintenance and Development Services Divisions of the TCSD. These services are necessary to insure that future developer -constructed City parks and landscape maintenance areas are designed and constructed to TCSD standards. Staff is pleased with the services provided by PELA. The current agreement between PELA and the TCSD expires on June 30, 2004. The proposed agreement is for a term of one year with two (2) one-year extensions. These renewals are at the City's sole option. The following agreement provides for plan check and inspections for developer -constructed projects only. Developers pay the TCSD for the necessary landscape plan checks and inspection services. In return, a portion of the plan check and inspection revenue collected from the development community offsets all costs for the services provided under this contract. FISCAL IMPACT: There is no net fiscal impact to the TCSD. The fees paid to the consultant are offset by the plan check and inspection fees paid by the developers. Sufficient appropriations are in the FY 2004-2005 budget in fund 190-180-999-5248 (Parks and Medians) in the amount of $30,000 and in fund 193-180-999-5248 (Slopes) in the amount of $30,000. ATTACHMENTS: Professional Services Agreement RAsmithb\Pe1a\04-05 Staff Report.doc 06/26/01 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES TCSD Parks/Landscape Plan Check and Inspection Services THIS AGREEMENT, is made and effective as of July 1, 2004, between the City of Temecula, a municipal corporation ("City") and PELA, a Landscape Architectural Firm ("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, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event laterthan June 30, 2006, unless sooner terminated pursuant to the provisions of this Agreement. Contract may be extended by mutual agreement for two (2) one (1) year additional 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 at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. 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 Sixty Thousand Dollars and no cents ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. 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 4. 6. DEFAULT OF CONSULTANT. a. The Consultants failureto complywith the provisionsof 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 (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. 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 identi- fied 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 fora period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees 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 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. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Workers Compensation insurance as required by the State of California and Employers Liability Insurance. If the Consultant has no employees while performing under this Agreement, workers compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, eitherthe insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City s forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. 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. 11. 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. 12. 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 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. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) 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 on the next page. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: PELA, a Landscape and Architectural Firm Attention: Mike Elliott 637 Arden Drive Encinitas, CA 92024 14. 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. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Mike Elliott shall perform the services described in this Agreement. Mike Elliott may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Mike Elliott from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. 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. 15. 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. 16. 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 judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula 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 warn ants and represents to the City that no 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 Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each parry's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, CSD President Attest: Susan W. Jones, CIVIC City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT PELA, a Landscape Architectural Firm 637 Arden Drive Encinitas, CA 92024 (760) 944-8463 By: k-1 it Name: Michael G. Elliott Title: Landscape Architect, No. 2011 EXHIBIT A TASKS TO BE PERFORMED SCOPE OF SERVICES: A. Upon notification from the Temecula Community Services Department (TCSD) that construction plans are ready for review, PELA will pick up plans at the City. Two sets of plans will be required. B. PELA will review the plans verifying consistency with TCSD standards and specifications, map conditions of approval and CC&R's. One set of plans will be red -lined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with TCSD standards. Items not addressed in TCSD standards but that are outside of profession norms will also be marked for explanations from the applicant. C. PELA will return plans and plan check comments to TCSD within two (2) weeks of receipt of the first submittal; one (1) week for second and third submittals. Plan check comments will also be provided via e-mail for use by the City. D. Once revisions have been resubmitted by the applicant, PELA will re -check the plans for conformance. Should all revisions have been made and all questions answered, the plans will be ready for approval. If all revisions are not made, one set of plans and the check list will be red -lined again and retumed to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards and professional norms. E. Upon request of TCSD, PELA will review and approve construction cost estimates of proposed improvements in order to determine bonding requirements if required for the project. F. Upon request of TCSD, PELA will attend meetings as required (i.e. pre -design meetings and interim reviews of construction plans with applicants in order to communicate issues with designers, pre -construction meetings, etc.). G. Upon request of TCSD, PELA will provide landscape construction inspection services in order to insure implementation is in conformance with the approved plans. A written report will be provided to the project manager after each inspection. H. Other Tasks: PELA will provide other tasks as requested by the City. EXHIBIT B PAYMENT RATES FEES: Plan Check Fees: The following fees are based on reviewing a maximum of 3 submittals from the applicant. Should additional reviews be necessary they will be charged at the rate of $85.00 per sheet. SQUARE FOOTAGE OF PROJECT 0 - 10,000 10,001 - 25,000 25,001-100,000 100,001 - 135,000 135,001 - 165,000 165,001 - 200,000 200,001 - 250,000 250,001 - 300,000 300,001 - 350,000 350,001 - 400,000 400,001 & up FLAT PLAN CHECK FEE $600 (minimum charge) $860 $1,120 $1,380 $1,620 $1,890 $2,160 $2,430 $2,700 $2,970 $2,970 + .0075 for each sq. ft. above 400,000 sq. ft. Plan checks beyond the V Check $85.00/sheet Miscellaneous Meetings: Misc. Meetings FLAT FEE OF $250.00/MEETING & PROJECT Landscape Inspection Fees: Landscape Inspection FLAT FEE OF $250.00NISIT Other Tasks: Tasks not outlined in the scope of work shall be performed on an hourly basis at the rate of $86.00 per hour or a mutually agreed upon flat fee. ITEM 4 IT DOF DIRECTOR OR OF FINANCE` CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services Department DATE: June 22, 2004 SUBJECT: First Amendment to the Citywide Tree Maintenance Services Contract 1 PREPARED BY: Matt Wiechec, Maintenance Supervisor RECOMMENDATION: That the Board of Directors: Approve the First Amendment to the Citywide Tree Maintenance Services Contract with West Coast Arborists, Inc. in the amount of $100,000.00 and to extend the term of the contract through June 30, 2005. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,000.00 which is equal to 10% of the contract amount. BACKGROUND: On July 22, 2003 the Board of Directors awarded a contract to West Coast Arborists, Inc. for Citywide Tree Maintenance Services in the amount of $100,000.00. The work performed includes tree and stump removals, root pruning, tree planting and emergencywork call -outs. This work is necessary to maintain the City's urban forest. This contract contains a provision that allows the contract to be extended on a yearly basis by mutual agreement of both parties for up to three (3) years. Staff is requesting the approval of the First Amendment which will extend the contract term through June 30, 2005 in the amount of $100,000.00 which will bring the total contract amount to $200,000.00. FISCAL IMPACT: The total amount for Fiscal Year 2004-05 is not to exceed $110,000.00 which includes the annual contract amount of $100,000.00 plus the 10% contingency of $10,000.00. Funds are available in the Temecula Community Services District Operating Budget. Accounts: 190-180 and193-180. ATTACHMENT: First Amendment Original Contract R:\W1ECHECM\West Coast Amend 1.doc FIRST AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA COMMUNITY SERVICES DISTRICT AND WEST COAST ARBORISTS, INC. CITYWIDE TREE MAINTENACE SERVICES FISCAL YEAR 2004-2005 THIS FIRST AMENDMENT is made and entered into as of June 22, 2004,by and between the Temecula Community Services District, a municipal corporation ("City") and West Coast Arborists, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On June 24, 2003, the City and Contractor entered into that certain Contract entitled "City of Temecula Community Services District Contract for Citywide Tree Maintenance Services" ("Contract"), in the amount of $100,000.00 to provide Citywide tree maintenance services. C. The parties now desire to amend the Contract as setforth in this Amendment. 2. Section 4 of the Contract is hereby amended to read as follows: CONTRACT AMOUNT AND SCHEDULE. The City agrees to pay, and CONTRACTOR agrees to accept, in full payment for the Citywide Tree Maintenance Services as agreed to be done, and described in this First Amendment the sum of: One Hundred Thousand Dollars and No Cents ($100,000.00), for a total contract amount of Two Hundred Thousand Dollars and No Cents ($200,000.00.) TERM: The extended term of the contract shall commence upon award by the Board of Directors and continue through June 30, 2005. The City reserves the option to extend the contract(s) for an additional three (3) years. No price adjustments will occur during the first thirty-six (36) months of this agreement. Upon request of the Contractor and agreement by the City, the item prices maybe adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino ALL Urban Consumers Index to determine the percentage of increase or decrease, the term "previous twelve months" shall be the 12 month period ending June 30`" of that year, or if not available, the prior month. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R: IWIECNECMIW COAST 04-05 AMEND /.DOC IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR West Coast Arborists, Inc. 220 E. Via Burton St. Anaheim, CA 92806 (714) 991-1900 Patrick O. Mahoney, President M9 NAME: TITLE: (Signatures of two corporate officers required for Corporations) R: IWIECHECMIW COAST 04-05 AMEND 1.DOC CITY OF TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT FOR CITYWIDE TREE MAINTENANCE SERVICES THIS CONTRACT, made and entered into the 22n0 day of July, 2003 by and between the Temecula Community Services District, hereinafter referred to as "CITY", and West Coast Arborists, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled CITYWIDE TREE MAINTENANCE SERVICES, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (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 CITYWIDE TREE MAINTENANCE SERVICES. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 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 CITYWIDE TREE MAINTENANCE SERVICES. 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 specked, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and Incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 R:VCANtGOWAContm*ragreenwAWCATree Tdmo304.doc schedule, as approved by the Community Services Director, 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 thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (301h) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (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. 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. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project Is more than 50% complete. The Board of Directors hereby delegates its authority to reduce the retention to the Director of Community Services. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) 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. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR.. 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. CONTRACTOR is required to promptly notify CITY of any such delay. 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. CONTRACT C3 R*AN1GOWJ%Con6aclaagmwwAWCATmeTdm03-04.doc 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever 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 plans 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. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. in the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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. CONTRACT CS RWANIGOWXontradDragm m AWCATreeTdm03-04.dac IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR West Coast Arborists, Inc. 2200 E. Via Burton St. Anaheim, C (714)891- Patrick Mahoney, President Patrick Mahoney Print or type NAME President Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: 7I23I1S3 CITY OF TEM LA By: r Come ero, President APPROVED AS TO FORM: Pe er M. Thorson, City Attorney ATTEST: CONTRACT C-7 RWWIGCWJCo*e*ragmemenAWCATmeTdm03-04.doo ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 22, 2004 SUBJECT: Temecula Community Services District Fiscal Year 2004-2005 Annual Maintenance Agreements PREPARED BY: Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: That the Board of Directors approve the minor annual maintenance and construction contracts for Fiscal Year 2004-2005 with: Contractor 1. Rizzo Construction, in an amount not to exceed $100,000 2. Murrieta Development, in an amount not to exceed $75,000 3. Becker Engineering Co, in an amount not to exceed $75,000 4. Power Distributors Inc., in an amount not to exceed $ 100,000 5. Ingram Electric of California, in an amount not to exceed $ 100,000 6. Strong's Painting, in an amount not to exceed $100,000. 7. Imperial Paving Co. Inc., in an amount not to exceed $50,000 8. Monteleone Contractors, Inc., in an amount not to exceed $50,000 9. NPG, Inc., in an amount not to exceed $50,000 10. Craftsmen Plumbing, in an amount not to exceed $75,000 BACKGROUND: Each year the Community Services Department enters into numerous maintenance and construction agreements with various contractors that perform minor maintenance and construction jobs. These jobs usually range in cost from over $1,000 to under $25,000 and involve miscellaneous repairs to electrical, fencing, paving, grading or excavation, plumbing, painting and general construction. Nevertheless, each job requires an agreement between the City and the contractor. In an effort to streamline these contractual requirements, staff is requesting to place under agreement ten (10) contractors which have expertise in various key trades. This will give us the ability to perform routine and emergency repairs with very little lead-time. Essentially, these agreements will give staff administrative tools needed to efficiently execute minor maintenance and construction work by having executed agreements which satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher more responsive maintenance capability. Also, in the event of emergency, that can R:WANIGOW AContract Amendment 200320MAnnual 04-05 Maint Agreements.AGN 11.doc impinge the safety of the City facilities, and other City maintained areas, these agreements can facilitate an expedient reaction and resolution to adverse conditions without jeopardizing administrative requirements. It is important to understand that the not to exceed $50,000 to $100,000 amount does not necessarily mean it will be spent but rather is a ceiling to operate below on an as needed basis. Although some job may be better accomplished by one contractor because of equipment availability, timing issues and job location, every effort will be made by staff to distribute the work load evenly between the appropriate contractors. The contractorwill be responsible for providing a work proposal for each job, which must be approved by staff before any work is started. Staff mailed letters to several contractors in the local area that could meet the described minor maintenance and constructions needs. The letters requested time and material pricing for both labor and equipment rates. It also included holiday and overtime rates. Several contractors responded and provided competitive labor and equipment rates as seen in Exhibit "A" of each agreement. Review of these rates has determined they are consistent with current prevailing wages and current hourly equipment rates previously paid by the City. The contractors listed below responded to the request for time and material rates and are recommended for not to exceed $50,000 to $100,000 agreements for a one (1) year term. Company Amount not to Exceed Term Rizzo Construction. $100,000 1 year Murrieta Development $ 75,000 1 year Becker Engineering $ 75,000 1 year Power Distributors Inc. $100,000 1 year Ingram Electric $100,000 1 year Strong's Painting $100,000 1 year Imperial Paving Co. $ 50,000 1 year Monteleone Contractors Inc. $ 50,000 1 year NPG, INC. $ 50,000 1 year Craftsmen Plumbing $ 75,000 1 year FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2004-2005 City Wide Annual operating budget. 1. Contracts RAKANIGOWJ\Contract Amendment 20032004\Annual 04-05 Maint Agreements.AGN 11.doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2004-2005 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 22, 2004 by and between the Temecula Community Services District, ("City") and RIZZO CONSTRUCTION INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out RAKANIGOWJ\Contracmr agreement\Rimz -05.doc of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of R:\KANIGOWAContractor agreement\Rizzoo4-05.doc persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. RAKANIGOWAContractor agreement\Rimz -05.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either parry, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the RAKANIGOWAContracmr agreement\Rizzo04-05.doc performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. 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 parry may later designate by Notice: R:\xANIGOWJ\Contracmr agreemenORizzo04-05.dw To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Rizzo Construction Inc. 30145 Corte Plata Temecula, CA 92591 Phone (909) 676-3001 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing parry as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 parry 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. 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 parry is entering into this Agreement based solely upon the representations set forth herein and upon each parry'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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. R:\KANIGOW]\Contractor agreement\Rizzo04-05.doc TEMECULA COMMUNITY SERVICES DISTRICT Attest: Chuck Washington, President Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR RIZZO CONSTRUCTION INC. 30145 Corte Plata Temecula, CA 92591 (909) 676-3001 Contact Person Charles Rizzo M Name: (Two Signatures Required for Corporations) RAKANIGOWITontmctor agreement\Ri¢zo04-05.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. RAKANIGOWJ\Contractor agreement\Ri=04-05.doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment RAKANIGOWAContracmr agreement\Rizzo04-05.doc Jun 09 04 07:15a Rizzo Construction Inc. t909)695-9210 P•2 / U"o Construction Inc. PROPOSAL -- GENERAL and INSULATION CONIRACPOR BONDED • INSURED . LICENSE NO.624315 P.O. BOX 301 TEMECULA • CA 92953 OFFICE: (909) 676-3001 • FAX: (909) 695-9210 TO: CCIY OF TRMECULA 43200 BUSINESS PARK DR. TEMECULA. CA. 92590 ATT. BRUCE WEDEKING PHONE: 694-6430 FAX 69"US PROJECT VARIOUS PROJFCTS FOR MAINTENANCE DIVISION CITY OF TEMECULA 'fEMECULA. CA. PI IONF.: DATE.: 6n,104 SPECIFICATIONS: VARIOUS PROJECTS. GCNLRA►.CONlRACT We propose to furodi all labor, material and equipment necessary to complete me TI IIS PROPOSAL IS FOR VARIOUS GFNERAL CONSTRUCTION PROJECTS AND REPAIR WORK AT THE. CITY OF TEMECULA FACILITIES PURCI IASE ORDERS TO BE WRITTEN FOR EACH. PROJECT TI IAT CAN Be W aTED FOR AN EXACT AMOUNT SHE BE DO SO, OTHER PROJECTS SI IALL BF. ON A TIME & MATERIAL PLUS 20%MARK-UP BASF_S. LABOR RATES: KEGUI.AR HOURS 6AM TO 5PM =1152A0 PER HOUR " : NIGI I'1' HOURS 5PM TO 1 AM • S61.00BPER HOUR " : WEEKENDS — $72.00 PER HOUR TMENT RENTAI, SHALL BE PLR THE GOING RATE. UPON AVAIRIU[ Y OF TIIC EQUIPTMCNT NEEDED PLUS IERY & PICK-UP. IF BUILDING & SAFETY REQUIRES DRAFTCD DRAWINGS, THE. CITY MUST PROVIDE THEM OR THEY WILL. BE DONE BY A ARCHITECT AND ENGINEER AT THEIR GOING RATE. For the teal sum of Terms. BIIJJNG PER PROJECT. NFT 30 DAYS (,Saks Tax Included) Dollars Performance of the work to be done in accordance with the best developed industry techniques. The Company carries Wodkmans's Compensation and Public Liability and Property Damage Insurance This bid is basal on the cu mt price of labor and mvurial. If not accepted 10 days from date hereof. the right is reserved ffi kKAnit a new bid. If the services of an attorney be employed for the enforcement of any ofth obligations of the purchaser, or of the seller. either by suit or orhemisa purdmw agrees to pay reasowmbk attorney fees. All orders accepted subject to cicwA= by our credit department and subject to signature ofan officer of the Company at our direction. All ag eomems contingent upon slrWm accidents, aces of God, or other delays beyond our control. NAME. OF OWNER NAME OF LENDER I WA 4I1917MP wn X. MW CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2004-2005 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 22, 2004 by and between the Temecula Community Services District, ("City") and MURRIETA DEVELOPMENT CO., INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out RAKANIGONVAContractor agreement\M=ieta Devel 04-05.doc of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of RAKANIGOWAContractor agreement\Murriem Deve104-05.doc persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. RAKANIGOWr\Contractor agreementWurriem Devel 04-05.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverase. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the RAKANIGOWAConaactor agreement\Murriem Deve10"5.doc performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. WRITTEN NOTICE. Any notices which either parry 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 parry may later designate by Notice: R:\KANIGOWI\Contractor agreement\Muaieta Deve104-05.doc To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Murrieta Development Co., Inc. 42540 Rio Nedo Temecula CA, 92590 Phone (909) 719-1680 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 parry 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. 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 parry 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. R:\xANIGOWJ\Conaactor agreement\Murrieta Deve104-05.doc TEMECULA COMMUNITY SERVICES DISTRICT Attest: Chuck Washington, President Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR MURRIETA DEVELOPMENT CO., INC. 42540 Rio Nedo Temecula CA, 92590 (909)719-1680 FAX (909) 719-1684 Contact Person Dennis T. Cissel 0 Name: Title: 0 Name: Title: (Two Signatures Required for Corporations) RAKANIGOWAContractor agreement\Munieta Devel 04-05.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") 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 Director 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 Director 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. 3. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. RAKANIGOWAContractor agreement\Murrieta Deve104-05.doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment R:\KANIGOWJ\Contractor agreement\Murriem Deve104-05.doc , . M RRIE"TA DEVELOPMENT CO., INC. DENNIS T. CISSELL, PRESIDENT RENTAL RATES _ OPERATED TODD K. CLOSE, VICE PRESIDENT Prevailing Wages $ 201.00 /HR '191TOp0 3CAT $ 236.00 /HR ru.:/wx/.ro,alrvrs.su 345 CAT $ 109.00 /HR 420 CAT $ 201.00 /HR 4300 LINKBELT COMPACTION EQUIPMENT COMPACTION WHEELON ANY EQUIPMENT $ 46.00 /HR REX COMPACTOR $ 127.00 /HR $ 121.00 /HR STOMPER WACKER /VIBRATORY PLATE $ 115.00 /DAY _ DOZERS 650 JOHN DEERE w/SLOPE BOARD $ 121.00 /HR D-4H CAT w/SLOPE BOARD $ 121.00 /HR D-6M CAT $ 144.00 /HR D-61? CAT $ 155.00 /HR LOADERS 926 CAT (112 Yard Bucket) $ 121.00 /HR 950 CAT (3/4 Yard Bucket $ 132.00 /HR sEIPLOADERB JOHN DEERE 210-L $ 98.00 /HR MASSONRY-FEROUSON MF50 $ 98.00 /HR AIR COMPRESSORS / JACK HAMMERS $ 173.00 /DAY AIR TESTING /PRESSURE TESTING (Equipment Only) $ 173.00 /DAY $ 86.00 /DAY BLOWER $ 58.00 /DAY CEMENT MIXER $ 115.00 /DAY CHOPSAW CREW TRUCK $ 29.00 /HR DUMP TRUCK $ 86.00 /HR DUMP TRUCK w/TRAILER $ 109.00 /HR $ 00 /HR END DUMP 75.00 /HR FOREMAN GAS DETECTION (Equipment Only) $ Y GENERATOR - HAMMER DRILL $ 63.00 /DAY GRADE CHECKER $ 46.00 /HR GRINDER $ 29.00 /DAY HYDROSTATIC PUMP $ 115.00 /DAY LABORER $ 46.00 /HR LEAK LOCATING (Equipment Only) $ 173.00 /DAY $ 109.00 /HR , LOWSED OPERATOR $ 50.00 /HR REED SCREEN ALL $ 58.00 /HR ROLLER $ 230.00 /DAY _ SILVER SOLDERING $ 63.00 /HR TRASH PUMPS & HOSES $ 115.00 /DAY TRUCK & TRANSFER $ 104.00 /HR WATER TRUCK $ 86.00 /HR WAYNE'S BALL (Equipment Only) $ 86.00 /DAY WELDER $ 75.00 /HR PER DAY AND/OR 40 HOURS PER WEEK WILL BE CHARGED AT TIME ALL HOURS IN EXCESS OF B HOURS WILL BE NO CHARGE FOR OPERATOR WITH RENTAL OF EQUIPMENT WITH THE AND A HALF. THERE OVERTIME WILL BE CHARGED AT HALFTIME HOURLY RATE TO EXCEPTION OF OVERTIME. OPERATOR SERVICES WILL BE BILLED AT COST PLUS 15% PROFIT AND OVERHEAD. DEVELOPER. TIME & MATERIAL 42540 RIO NEDO. TEMECULA, CA 92590 • CALIF. LIC. 1J558592 • (909) 719-1680 • FAX (909) 719-1684 CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2004-2005 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 22, 2004 by and between the Temecula Community Services District, ("City") and BECKER ENGINEERING ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out RAKANIGOWAContracmr agreement\Becker Engineering 04-05.doc of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of R:\KANIGOW7\Contractor agreement\Becker Engineering 04-05.doc persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. RAKANIGOWAContracmr agreement�Bmker Engineering 04-05.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the R:\KANIGOWJ\Contractor agreemenr\Becker Engineering 04-05.doe performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. 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 parry as set forth below or at any other address as that party may later designate by Notice: RAKA IGOWJ\Contracmr agreement\Bmker Engineering 04-05.doc To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Becker Engineering P.O. Box 890365 Temecula CA, 92589 Phone (909) 712-2341 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing parry as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 parry at any time, a full and complete disclosure of all such information will be made, in writing, to the other parry 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. 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 parry is entering into this Agreement based solely upon the representations set forth herein and upon each parry's own independent investigation of any and all facts such parry 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. R:\KANIGOWAContractor agreement\Becker Engineering 04-05.doc TEMECULA COMMUNITY SERVICES DISTRICT Attest: Chuck Washington, President Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR BECKER ENGINEERING P.O. Box 890365 Temecula CA, 92589 (909) 712-2341 La Name: an (Two Signatures Required for Corporations) RAKANIGOWAContractor agreement\Becker Engineering 04-05.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") 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 Director 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 Director 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. 3. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. RAKANIGOWAContracmr agreemenABmker Engineering 04-05.doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment R:\KANIGOWJ\Convacmr agreemeriABecker Engineering 04-05.doc -4E N G IN E E RING m P.O. Box 890365 • Temecula, CA 92589-0365 CA License # 683396-A (909) 712-2341 GRADING PAVING CONCRETE DEMOLITIONS PROPOSAL & PHONE: IDATE: OWNER / CCNITY 0 TEMECULA/PUBLIC WORKS - NAME: BRAD BURON LEGAL JOB LOCATION: STREET: STREET: 43200 BUSINESS PARK DR. CITY: STATE: re CITY: We propose to furnish all equipment and perform all labor necessary to complete the following: AS PER YOUR LETTER OF REQUEST, DATED 12 APRIL 04, PLEASE REVIEW PAGE 2. This contract does not include any damage or repairs to underground facilities not visible from the surface or otherwise designated by owner/contractorand stated in this agreement. Any extra work or delays will resultin contractreverting to Time &Material. All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum of Terms of Payment: DOLLARS ($ _N / a Any alteration or deviation from the above specifications involving extracostofmaterials or laborwill onlybe executedupon written orders forsame,andwill becomeanextracharge overthe summentioned in thiscontract. Allagreements must bemade inwriting. It is further understood and agiced that wotlmreds Compensation and Public Liability Insurance will be provided, however, coverage applies only to work actually performed by Becker Engineering in accordance with terms and conditions of this contract. Certificates of Insurance will be famished upon request. THIS PROPOSALIS VALID' Authorized Signature: : THRU 1 JULY 05 ACCEPTANCEMPROPOSAL �� C K E R -4 NGINE' E][ INGn< P.O. Box 890365 • Temecula, CA 92589 0365 CA License # 693396-A... (909) 731-3991 GRADING'* PAVING CONCRETE DEMOLITIONS PROPOSAL & PAGE 2 LABOR RATES- S.T. O.T. SUPERINTENDENT WITH 1 TON TRUCK $ 64.95 $ 96.86 FOREMAN WITH 1 TON TRUCK $ 60.10 $ 87.70 GENERAL LABORER $ 49.85 $ 71.45 NOTE: THESE LABOR RATES REFLECT LATEST RAISES IN P.W. SCALE. BARE EQUIPMEM 545 EXCAVATOR $ 64.10 PER HOUR 331 BOBCAT EXCAVATOR $ 54.10 PER HOUR 450 DOZER $ 54.10 PER HOUR SKIPLOADER $ 41.65 PER HOUR 310 BACKHOE $ 54.10 PER HOUR 763 BOBCAT $ 46.00 PER HOUR 763 BOBCAT W/ BREAKER $ 70.90 PER HOUR S-250 BOBCAT $ 54.10 PER HOUR S-250 BOBCAT W/ BREAKER $ 78.95 PER HOUR BOBTAIL DUMP $ 54.10 PER HOUR 1 TO 3 TON ROLLER $ 28.15 PER HOUR 3 TO 5 TON ROLLER $ 41.65 PER HOUR VIBRATORY PLATE $ 22.75 PER HOUR WACKER TAMP $ 22.75 PER HOUR WATERTRUCK $ 59.50 PER HOUR AREA MOVE INS $ 95.00 CITY OF TEMECULA TEMECULA COMMUNITY SERVICRS DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2004-2005 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 22, 2004 by and between the Temecula Community Services District, ("City") and POWER DISTRIBUTORS INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out R:\KANIGOWr\Contractor agreement\Power04-05.doc of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of UVANIGOWAContractor agreement\PowerO4-05.doc persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. R:\xAN[GOWAContractor agreement\PowerO4-05.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the RAKANIGOWAContractor agreement\PowerO4-05.doc performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. WRITTEN NOTICE. Any notices which either parry 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: R:\KANIGOWJ\Contractor agreement\PowerO4-05.doc To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Power Distributors Inc... 15245 E Proctor Ave City of Industry, CA 91745 Phone (626) 855-2580 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing parry as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 parry 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. 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 parry'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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. R:\KANIGOWJ\Contractor agreement\PowerO4-05.doc TEMECULA COMMUNITY SERVICES DISTRICT Attest: Chuck Washington, President Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR POWER DISTRIBUTORS INC. 15245 E Proctor Ave City of Industry CA 91745 (626)855-2580 Contact Person Barry A. LeFave Name: a Name: Title: (Two Signatures Required for Corporations) R:\KANIGOWJ\Contractor agreement\PowerO4-05.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") 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 Director 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 Director 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. 3. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. RAKANIGOWJ\Conwr wr agreement\PowerO4-05.dx EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment R:TANIGOWAContractor agreement\PowerO4-05.doc JUN-10-2004 14:20 FROM POWER DISTRIBUTORS TO 19096946498 P.01 i ST. LIC. NO. 276955 wer t r i b u to r s 15245 EAST PROCTOR AVE. • CITY OF INDUSTRY, CA 91745 (626)85S-2580 I NCO R P O R A T E D FAX (626)855-2589 I I I I i I June 10, 2004 I LABOR RATES i Lighting/Service Technician Ladder Truck up to 50' Crane up to 90'* Electrician Non -Prevailing Pr vailin $38.50/Hour $6 .00/Hour $55.00/Hour $81.50/Hour $90.00/1-lour $110.50/Hour $50.00/1-lour $66.00/Hour * Any lighting above the 90-foot level, including reach, be negotiated at that time. B rry A.LeFave Vice President price will i f i I FI F(:TR1r.AI !.nPJTRAr.TnA • 1 Ir HTM(l ANn CIrN MAINTFNAN(.FI TnTP1 P.01 CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2004-2005 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 22, 2004 by and between the Temecula Community Services District, ("City") and INGRAM ELECTRIC OF CALIFORNIA ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out R:\KANIGOWJ\Contractor ag =nt\Ingram of Cahf.04-05.doc of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of RAKANIGOWAContractor agre rnenffngmn of Calif.04-05.doc persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scone of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. RAKANIGOWAContractor agree ffingram of Calif.04-05.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Rest's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the RAKANIGOWAContractor agreement\Ingram of Califb"5.doc performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. WRITTEN NOTICE. Any notices which either parry may desire to give to the other parry 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 parry as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula R:UUNIGOWAContractor agreement\Ingram of Calif.0"Moc P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Ingram Electric of California 30732 Via Norte Temecula CA, 92591 Phone (909) 676-5763 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing parry as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 parry 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. 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 parry's own independent investigation of any and all facts such parry 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. RAKANIGOWJ\Contractor agreement\Ingram of Calif.04-05.doc TEMECULA COMMUNITY SERVICES DISTRICT Attest: Chuck Washington, President Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR INGRAM ELECTRIC OF CALIFORNIA 30732 Via Norte Temecula CA, 92591 (909) 676-5763 Contact Person: Donald E. Ingram LN (Two Signatures Required for Corporations) R:\RANIGOWJ\Contractor agrwrnent\Ingam of Calif.04-05.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. RAKANIGOWAConowtor agreement\Ingram of Calif.04-05.doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment R:\KANIGOWAContractor agreement\Ingram of Calif.04-05.doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2004-2005 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 22, 2004 by and between the Temecula Community Services District, ("City") and STRONG'S PAINTING ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims RAKANIGONVAContractor agreement\Strongs 04-05 newjerzy.docl against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees 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 in RAKANIGOWAConawtor agreement\Strongs G"5 newjerzy.dm2 performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its 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, its officers, officials, RAKANIGOWnContramr agreement\Strongs 04-05 newjerzy.dm3 employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and RAKANIGOWAContractor agreement\Strongs 04-05 newjerzy.doc4 comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. WRITTEN NOTICE. Any notices which either parry 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 parry as set forth below or at any other address as that parry may later designate by Notice: R:aANIGOWJ\Contractor agreement\Strongs 04-05 newjerzy.&O To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Strong's Painting 31265 Saddleback Lane Menifee, CA 92584 Phone (909) 6794554 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. RAKANIGOWJ\Contmcmr agreement\Strongs 04-05 newjerzy.doc6 TEMECULA COMMUNITY SERVICES DISTRICT Attest: Chuck Washington, President Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR STRONG'S PAINTING 31265 Saddleback Lane Menifee, CA 92584 (909) 6794554 Contact person Gary Strong a Name: Title: By: Name: Title: (Two Signatures Required for Corporations) RAKANIGOWAContractor agreement\Strongs 04-05 newjerzy.&O EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. R:VGWIGOWAContractor agreement\Strongs 04-05 newjerzy.doc8 EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment R:\KANIGOWJ\Contracmr agreement\Strongs 04-05 newjerzy.doc9 c �'— I3eease # 69=5 STRONG'S PAR4MG 31265 SADDLEBACK LANE MENIFEE, CA 92584 <'19091679-4554 FAX (9091679-4554�51 April 25, 2004 City of Temecula PA: Box 9W Temecula, Ca. 92589 M3 Attu: Brad Baron Public Works Maintunanee Superintendent Re: Time and Material died Strones Painting bag been in budnem for 28 years, and is family owned and operated. We spaiare u interior/--- -or paidW& smm0 drywall repair, texturing, stucco repair, power wall paper removal and banging and light ante anoe work. We currently carry a 51,000AOOA0 per occurrence polity naming the City of Temecula as an additional insured and will send upon request. We are also members of the Better Business Bureau and bold a state contractors license. Bourly rate: $35M per Lour Holiday and weekend rate: $59AD per Lour Mark up on parts, materials sail equipment is no more than 10% Tiauk you, CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2004-2005 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 22, 2004 by and between the Temecula Community Services District, ("City") and IMPERIAL PAVING CO., INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out R:\KANIGOWJ\Contractor agreement\Imperial PavingD"5.doc of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of RAKANIGOWAContractor agrwmentUmperial PavingO"5.doc persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scone of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. R:\KANIGOWJ\Contractor agir t ent\Imperial Paving04-05.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either parry, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraee. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the RAKANIGOWEConaactor agrmmentUmperial Paving04-0Mm performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. 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 parry as set forth below or at any other address as that parry may later designate by Notice: R:\KANIGOWAContractor agreementUmperial Paving04-05.doc To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Imperial Paving Co., Inc. 13555 E. Imperial Hwy Whittier CA, 90605 Phone (526) 944-0975 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 parry 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. 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 parry's own independent investigation of any and all facts such parry 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. RAKANIGOWAContractor agreement\lmperial Paving04-05.doc TEMECULA COMMUNITY SERVICES DISTRICT Attest: Chuck Washington, President Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR IMPERIAL PAVING CO., INC. P.O. Box 9033 Temecula CA, 92589 (562) 944-0975 FAX (909) 944-0984 LE 0 (Two Signatures Required for Corporations) R:\KANIGOWJ\Contractor agreementUmperial PavingM-05Aoc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") 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 Director 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 Director 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. 3. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. RAKA IGOWAContractor agreement\Imperial PavinglM-05.doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment RAKANIGOWAContractor agreemenOlmperial PavingO4-05.doc CITY OF TEmECULA P.O. BOX 9033 TEMECULA, CA 92589-9033 RE: TAB? AND MATERIAL SHEET ATTENTION: Bn= Wedeldug LABOR BREAKDOWN - - - - - S 45.00 PER HOUR ALL LABOR------------------------------------ OVERTIME IVzTME(AFTER SHRSISATURDAYS)--------------- 5 67.50PER HOUR DOUBLETIME2TIMB(SUNDAYS/HOLIDAYS)------------------ 90.00PER HOUR FOLJIPMENT BREAKDOWN (DOES NOT INCLUDE LABOR) FLATBIDTRUCKWITH COMPRESSOR MOUNT ---------------- 5 325.00PEP DAY BOB TAIL TRUCK 9-11YARDS ----------- ------------------ $ 315.00PER DAY CONCRETE FLATBED TRUCK -------------------------- ---- 5 300.00PER DAY DUMP TRUCK & PUP TRAILER -----------------------------5 S 390.00PER DAY 150.00PER DAY AIR COMPRESSOR-------------------------------------- WATERTRUCK---------------------------------------- S 275.00PER DAY FLATBED TRUCK WITH 3-5 TON ROLLER COMBO (MINIMUM) - - - - $ 505.00 PER DAY DUMP TRUCK WITH SKIPL.OADER & TRARER COMBO - --- - - - - - $ 505.00 PER DAY 10-12TON ROLLER INCLUDINGTRAIIER-------------------- S 250.00PER DAY 3-5TON ROLLER INCLUDINGTRAUER----------------------$ 245.00PER DAY BERM MACHINE MINIMUM CHARGE----------------------- $ 150.00PER DAY BOBCAT WITH BUCKET ------------------------------ ---$ 500.00PER DAY BOBCAT WITH GRINDER------------------------------- S 550.00PER DAY 250.00PER DAY ARROW BOARD WITH TRUCK-----------------------------$ STANDARD SET (COMMON REPAIR CREW) FOUR MAN CREW SKIPL.OADER DUMPTRUCK 3-5 TON ROLLER FLATBED WITH COMPRESSOR & TOOLS - --- ---- --- ---- --- - -S 2,600.00 PER DAY LESS THAN8HRS(2HRMINIMUM)------------------------ $ 400.00PER HOUR MATERIALS ASPHALT -------------------------------------------- $ 45.00PER TON ASPHALT PLANT OPENING ONSATURDAYS---------------- $ 1,000'00 BASE ROCK CLASS II ------------------------------ ----5 12.50PERTON TACK MATERIAL -------------------------------------$ 1.60PERtGAL CONCRETE ------------------------------------------ S 425.00 MIN. LOAD CONCRETE AFTER 4YARDS ----------------------------- $ 75.00PERYARD NOTE: ABOVE PRICES SUBIECT TO PUC CHANGE. 20'/o MARK UP ON SUBCONTRACTORS - NOTE: RvIPERIAL PAVING PROVIDES THE FOLLOWING SERVICES: EXCAVATION, GRADING, PAVING, CONCRETE, DEMOLITION, GENERAL CONSTRUCTION SERVICES, SEAL COATING AND STRIPING. (562) 944-0975 • (714) 523-4492 • (800) 634-3923 • Fax (562) 944-0984 CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2004-2005 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 22, 2004 by and between the Temecula Community Services District, ("City") and MONTELEONE CONTRACTORS, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out RAKANIGOWAContracmr agreement\MONTELEONE 04-05.doc of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of RAKANIGOWAContractor agreement\MONTELEONE 04-05.doc persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. R:\KANIGOWJ\Contractor agreement\MONTELEONE 04-05.doc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the RAKANIGOWAContractor agreemenAMONTELEONE 04-05.doc performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. WRITTEN NOTICE. Any notices which either parry may desire to give to the other parry 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 parry may later designate by Notice: RAKANIGOWEContramr agreement\MONTELEONE 04-05.doe To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Monteleone Contractors, Inc. 39054 Camino Hermosa Murrieta, CA 92563 Phone (909) 538-6537 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing parry as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 parry 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. 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 parry'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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. RAKANIGOWAConaactor agreemenAMONTELEONE 04-05.doc TEMECULA COMMUNITY SERVICES DISTRICT Attest: Chuck Washington, President Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR MONTELEONE CONTRACTORS, INC. 39054 Camino Hermosa Murrieta, CA 92563 (909)538-6537 FAX (909) 926-1998 Contact Person Ryan Monteleone Title: 0 Name: Title: (Two Signatures Required for Corporations) R:\KANIGOWJ\Contractor agreement\MONTELEONE 04-05.doc EXHIBIT f°A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. R:\KANIGOWJ\Contractor agreement\MONTELEONE 04-05.doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment RAKANIGOWAContractor agrmmenAMONTELEONE 0"5.doc Monteleone Excavating 39059 Camino Hermosa Nu riets, CA 92563 Time and equipment Ettuipment rate for 2004-2005 Rate per hr Saturday/+ 8hrs regular rate *per hour overtime 450 dozer $105.00 $120.50 D6LGP $150.00 $165.50 D6H $115.00 $130.50 824 dozer $160.00 $175.50 D8k dozer $155.00 $170.50 D8N dozer $155.00 $170.50 D8R dozer D9L dozer 650 komatsu 400 excavator 300 excavator 220 excavator 446 backhoe 30 Mf skip/mower 450 C loader 950 loader 977 loader 973 track loader 963 track loader 12 G motor grader 623 scraper 860 scraper 657 push pull 637 E push pull 10 wheel dump/pup Hi -side semi 4,000 gal w/truck Lowbed truck Foreman Pick-up Grade checker Laborer $150.00 $225.00 $280.00 $183.00 $150.00 $125.00 $1010 $77.50 $145.00 $130.00 $130.00 $140.00 $130.00 $115.00 $150.00 $140.00 $240.00 $200.00 $80.00 $85.00 $75.00 $90.00 $66.00 $30.00 $54.00 $46.00 $165.50 $240.50 $295.50 $198.50 $165.50 $140.50 $116.50 $93.00 $160.50 $145.50 $145.50 $155.50 $145.50 $130.50 $165.50 $155.50 $255.50 $215.50 $95.50 $100.50 $90.50 $105.50 $81.50 $45.50 $69.50 $61.50 phone: (909)538.6537 Fax (909) 695-2525 Holiday/Sunday overtime rate $137.00 $181.00 $146.00 $181.00 $186.00 $186.00 $181.00 $256.00 $311.00 $214.00 $181.00 $156.00 $132.00 $108.50 $176.00 $161.00 $161.00 $171.00 $161.00 $146.00 $181.00 $171.00 $271.00 $231.00 $111.00 $116.00 $106.00 $121.00 $97.00 $61.00 $85.00 $77.00 MAY 2 6 2004 C I I Y OF 'E!iA.ECU_r� *Note- Overtime wages begin after 3:OOP.M. with a 6:30 A.M. starting time. Rate used beyond 8 hours on weekdays and all hours on Saturday. *Note- Any City work will be under 2003 Prevailing Wage Rates. Ryan Monteleone Office/ Cell (909) 538-6537 Fax: (909) 926-1998 CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2004-2005 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 22, 2004 by and between the Temecula Community Services District, ("City") and NPG, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims RAKANIGOWI\Contractor agreement\NPG,INC.04-05.doc against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees 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 in RAKANIGOWAContractor agreement\NPG,INC.04-05.doc performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its 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, its officers, officials, R:\KANIGOWJ\Contracmr agreement\NPG,INC.04-05.doc employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and RAKANIGOWhContractor agreement\NPG,INC.04-05.doc comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. 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 parry as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula R:\KANIGOWAContractor agreement\NPG,INC.04-05.doc P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: NPG, INC. 1354 Jet Way Perris, CA 92572 Phone (909) 940-0200 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 parry 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. 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 parry is entering into this Agreement based solely upon the representations set forth herein and upon each parry'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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. RAKANIGOWAContractor agreement\NPG,INCA14-05.doc TEMECULA COMMUNITY SERVICES DISTRICT Attest: Chuck Washington, President Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR NPG, INC. 1354 Jet Way Perris, CA 92572 (909) 940-0200 FAX (909) 940-9192 Contact Person Jeff S. Nelson By:_ Name: Title: By:_ Name: Title: (Two Signatures Required for Corporations) R:\KANIGOWJ\Contractor agreement\NPG,INC.04-05.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") 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 Director 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 Director 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 Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. RAKANIGONVAConnwtor agreement\NPG,INC.04-05.dm EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment R:\KANIGOW!\Contractor agreement\NPG,INC.04-05.doc PH. (760) 320-9600 Desert Division PH. (909) 940-0200 FAX (909) 940-9192 ESTIMATE /PROPOSAL ESTIMATE TO (Client) City of Temecula 43200 Business Park Drive Temecula, California 92590 1354 JET WAY P.O. BOX 1515 nSPEERVICES PERRIS, CA 92572 Cont. Llc. NM779 We Handle All Phases ofAsphalr DATE: A nl 14,2004 P PROJECT: Emergency Time & Material LOCATION: Various Locations Attention: Brad Buron Telephone: 909-694-6411 Fax: 909-694-6475 Estimator: Jeff S. Nelson NOMM NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the material, labor and performing the work hereinafter specified, subject to the terns and conditions hereinafter set forth on reverse side of estimate. PAVING EQUIPMENT LABOR AND EQUIPMENT RENTAL RATES GENERALLABOR Standard Overtime -63.UU 963 Double Time a e r / L Raker Raked laborer 53.00 79.50 -129TO 106.00 PCC I Form Setter 57.00 85.50 114.00 OPERATORS - P v?n9 Machine Operator 60.00 90.00 120.00 Screed Operator 57.00 85.50 114.00 Roller Operator 57.00 86.50 114.00 Dump Truck Operator 57.00 85.50 114.00 Hot Crack Fill Operator 60.00 90.00 120.00 Seal Buggy Operator 60.00 90.00 120.00 *Add %Overtime for Paving Machine Operator Fire Up PAVING EQUIPMENT �P1136 R oz 160 Paving Machine our Rate Day Rate (Rubber) IO' x 16' 00' Cat AP 1050 Povin Marcghine 10 20' (Track) 07BG22OPavlrt%Ma Ina (Rubber) x) 160.00 O4' Cedar rKnoz 3,6PaPvaln9 Ma chhie (8T82ck k8 x� 5" i - 1 0.� 'This machine Is a little larger than a Lee Boy 8500 Automatics 30.00 Ski ck 30-� CrrewTr I Form Trick 270.00 Asphalt Berm Machine 350.00 200 Gallons Tack RIg Asphalt Roller DD-24 (3-5 Toni 250.00 (plus emulsion) - 250.00 Asphalt Roller DD-28 (3-5 Tani 250.00 Asphalt Roller Cat 34 10-12 Ton) 425.00 Dirt Roller DD70 (Did Compaction) 350.00 HEAVY OUIPMENT �N w� Operated 95.00 Loader 3.4 Cubic Yard Operated 125.00 - JO Blade Operrated 860A Seraper - 125 0000 883 Bobcat Operated 100.00 883 Bobcat w I Attachments Operated 225.00 2000 Gallon Water Truck Operated 70.00 10 Wheel Dump Truck's Operated 70.00 International Dump Tmck• Operated 65.00 Truck has Compressor & Jack Hammer. - - End Dump Operated 70.00 CamDDrenor Bare with 90 lb. Hammer nor 250.00 Bo� FlL 150.00 CRACK EDUItroIPArrow OJKT2b Mager OJK 250 Molter 250.00 325.00 EZ Pour 50 Molter - 100.00 Pour Pot I Kettle 26.00 SEAL COATING EQUIPMENT D1C35aS-la Su99ey ST 550 Seal Tno 300.00 at Striping Machine ST2500 Tanker w1l2' Hydraulic Spreader Operated 250.00 1" hr 100.00 150.00 1 hr clean up charge 185.00 there after ST2500 Tanker Operated 125oo EQUIPMENT MOVES Flat Rate �qu pT mm 've - Paving Machine, Loaders & Blade EO=n I Out Equlpmenl Move - Roller 350.00 In I Out • All labor and a 8ment will be charrgoed portal-to-podal • 4 Hour Mlnlmum Chama on all Equipment & Labor • All equipment Subject to moves In I Out 12 How An Show Up Time • tlme worked over 8 hre Is Chemed et OT ratea DT rates after 12 hrs. of work. • Saiurday work wAll be charged al OT rates for the dlsl 12 hre, then OT... Sunday DT • Prevabino xaOe/cerUfl payroll - Add S 8.00 per hr. to above labodoperator rates. work charged at • Tr Amount of Inwlce w111 be determined at end of work day with the above Tlme & Material Rates • dnnlvinn Fm,lnmenf P-1.1 an .-, I---, n. el..nnn anho-..n..r... n...-w n-.. L"-.0.... ............e...e...., MAY 1 0 2004 hT CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT ANNUAL CONTRACT AGREEMENT FOR FISCAL YEAR 2004-2005 CITYWIDE ROUTINE MAINTENANCE THIS MAINTENANCE CONTRACT made and entered into as of June 22, 2004 by and between the Temecula Community Services District, ("City") and CRAFTSMEN PLUMBING HEATING AND COOLING ("Contractor"). Inconsideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2004 and shall terminate as of June 30, 2005 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be Seventy Five Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, 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. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out RAKANIGOWJ\Contracmr agrmment\Craftsmen plumbingO"5.doc of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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 District, as a penalty, the sum of $25.00 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. 8. 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 3. 9. 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, the 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 (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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of RA ANIGOWMontracmr agreement\Craftsmen plumbingN-05.doc persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scone of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. R:\xANIGOWAContractor agreementTraftsmen plumbingM-05Aoc (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or 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." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. 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 the City nor any of its officers, employees or agents 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the R:\KANIGOWJ\Connactor agreement\Craftsmen plumbing04-0Mm performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. 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 Contract, 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 the City for purposes of letting this Contract 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 Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit 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. 17. 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. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans 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. 21. 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. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other parry 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: RAKANIGOWJ\Contractor agreement\Craftsmen plumbing04-05.doc To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Craftsmen Plumbing Heating and Cooling 39525 Calle Portillo Temecula CA, 92592 Phone(909) 676-6838 23. 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 of Temecula. 24. 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. 25. 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 jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHHiITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant 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 parry 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. 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 parry 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. RAKANIGOWAContractor agreement\Craftsmen plumbing0"Mm TEMECULA COMMUNITY SERVICES DISTRICT Attest: Chuck Washington, President Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR CRAFTSMEN PLUMBING HEATING AND COOLING 39525 Calle Portillo Temecula CA. 92592 (909) 676-6838 Contact Person Danny C. McKee 0 (Two Signatures Required for Corporations) R:\KAWGOWJ\Contractor agreement\Craftsmen plumbingO4-05.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") 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 Director 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 Director 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. 3. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. RAKANIGOWAContrac[or agreement\Craftsmen plumbing04-05.doc EXHIBIT B LABOR AND EQUIPMENT RATES Please see attachment RAKANIGOWAContractor agreement\CnRsmen plumbingM-05.doe ■ City of Temecula Ann: Bruce Weteking 43200 Business Park Drive Temecula, CA 92590 Dear Mr. Weteking, June 10, 2004 per your request, the following is a breakdown of our rates: sg5.00/hr- first man. $50.00/hr- second man. 50'/e markup on materials. Emergency services can be provided on weekdays only: s128.00/hr- first imam. $ 75.00/br- second roan Sincerely, Danny C. McKee �� ,.>7 a eMe t Owner I f �_ _�... � . �.. rrr.mne . _ IQ/l01 l.7/.-l.A�{i • UC *446736 ITEM 6 CITY ATTORNEY FINANCE DIREC- CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Service DATE: June 22, 2004 SUBJECT: Children's Museum Grand Opening RECOMMENDATION: That the Board of Directors receive and file this report related to the Grand Opening of the Imagination Workshop Temecula Children's Museum. BACKGROUND: After years of planning, design and construction, the Temecula Community Services Department is pleased to announce the Grand Opening of the Imagination Workshop Temecula Children's Museum. The Children's Museum located at 42081 Main Street, in Old Town Temecula, will be open to the public Saturday, June 26, 2004 at 9:00 am. The public is invited to enjoy all the festivities planned for the opening of Professor Phineas T. Pennypickle's home. Tonight TCSD Staff will provide you with a brief presentation on the Grand Opening of the Children's Museum. FISCAL IMPACT: None R:\ZIGLERG\REPORT\062204 BOD Children Museum.doc TCSD DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Service l DATE: June 22, 2004 SUBJECT: Departmental Report PREPARED BY: Gail L. Zigler, Administrative Secretary Harveston Community Park is located in the Harveston Development, a large Specific Plan development in the northern part of the City east of Interstate 15. The park site will include two dedicated full size lighted soccer fields; 2 lighted ball field with 90' bases; age appropriate play areas; a group picnic area; community building; restroom/concession/maintenance building; parking with approximately 300 spaces; benches; tables; drinking fountains and walkways. This park site is progressing well in the construction phase and is scheduled for completion in October of 2004. RHA Landscape Architects is preparing the construction documents for the improvements to Vail Ranch Park Site "C" Pablo Apis Park adjacent to Pauba Elementary School. This project is identified in this year's CIP. The new amenities will include a tot lot, picnic shelter, tables, benches and walkways. A contract for the construction project was awarded on May 11, 2004. Staff anticipates construction will begin in the next 45 days. The conceptual Master Plan for the Wolf Creek Sports Complex is complete. The 43 acre park will offer parking, restroom/concession buildings, maintenance building, four lighted basketball courts, four lighted soccer and four lighted softball/baseball fields, tot play equipment, picnic areas and walkways. This project is currently in final plan check and staff anticipates this project will go out to bid in 30 days. Staff is coordinating a Ground Breaking Ceremony for the Veteran's Memorial. The program will be held at the Temecula Duck Pond at 12:00 Noon on the 4h of July. On October28, 2003, the City of Temecula was awarded the library grant application in the amount of $8,500,000. A kick-off meeting has been scheduled with the State and City staff. The design development packet was submitted to the Office of Library Construction. Plans are currently being reviewed by DSA. In addition, staff has been meeting with representatives from the Friends of the R:\Z1GLERG\XDEPTRPT\06G4.doc Library discussing donor opportunities in the new library. The entire design committee will be reconvening to review donor opportunities within the next three weeks. The Erle Stanley Gardner exhibit at the Temecula Valley History Museum is currently in plan check. This project recreates Erle Stanley Gardner's office in his Temecula residence known as Rancho Del Pisano. The exhibit area will also include other Erle Stanley Gardner artifacts and memorabilia. The Imagination Workshop Temecula Children's Museum will be opening to the community on Saturday June 26. The public is invited to visit the Imagination Workshop. Final touches are currently being installed in the gift shop area. The facility will operate 7 days a week and promises to provide hours of amusement to children ages 2 — 12. The Development Services Division continues to participate in the development review for projects within the City including Wolf Creek, Roripaugh, Villages of Old Town and Harveston, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The Maintenance Division continues to oversee the maintenance of all City parks and facilities, and assist in all aspects of Citywide special events. The Recreation Division completed and distributed the 2004 Summer/Fall Guide to Leisure Activities. Summer aquatic programs are currently underway. Summer Day Camp and the S.M.A.R.T. programs began Monday, June 21. The Summer Sunset Film and Concert Series will kick-off on July 1. There are many activities planned for the July 4`h festivities including a parade, activities at the Rancho California Sports Park and a fireworks presentation. R:\Z1GLERGkXDEPTRPT\0604.doc REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JUNE 8, 2004 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:35 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 4 AGENCY MEMBERS: ABSENT: 1 AGENCY MEMBERS: Comerchero, Naggar, Roberts, and Stone Washington Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of May 25, 2004. MOTION: Agency Member Naggar moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Roberts and electronic vote reflected approval with the exception of Agency Member Washington who was absent. AGENCY BUSINESS 2 Review and Adoption of the FY2004-2005 Annual Operating Budget RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. RDA 04-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY2004-05 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS Executive Director Shawn Nelson presented the staff report, of record. R AM inutes. rda\060804 MOTION: Agency Member Stone moved to approve Item No. 2. The motion was seconded by Agency Member Naggar and electronic vote reflected approval with the exception of Agency Member Washington who was absent. 3 RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. RDA 04-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2005-09 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY2004-05 Executive Director Shawn Nelson presented the staff report, of record. MOTION: Agency Member Stone moved to approve Item No. 3. The motion was seconded by Agency Member Naggar and electronic vote reflected approval with the exception of Agency Member Washington who was absent. EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS'REPORTS No comments. ADJOURNMENT At 7:45P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 80, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R 1Minutes. rda\060804 ITEM 2 APPROVA CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: June 22, 2004 SUBJECT: Amendment No. 2 to the Financial Service Agreement with Rehab Financial Corporation for managing the Agency's Loan Portfolio Prepared By: Don Hillberg, Management Analyst RECOMMENDATIONS: That the Agency Board Approve Amendment No. 2 to the Financial Service Agreement with Rehab Financial Corporation to provide loan servicing for the Redevelopment Agency loan portfolio to extend the term of the agreement to June 30, 2005 and authorize the Executive Director of the Agency to execute the Amendment. BACKGROUND: On April 7, 1999, the Redevelopment Agency entered into a financial service agreement with Rehab Financial Corporation to manage and collect loan payments for the Agency's First Time Homebuyer Program and Residential Improvement Program. The original contract anticipated that compensation for the duration of the agreement would not exceed $25,000. However, due to the volume of Residential Improvement loans and the number of refinances and payoffs created by a very active real estate market, the original funds were depleted and the agreement was amended for an additional $25,000 in December of 2002. The Agency has been pleased with the performance of Rehab Financial Corporation over the last five years and, therefore, recommends the agreement be extended to June 30, 2005. FISCAL IMPACT: The agreement is funded by the Redevelopment Agency's Low to Moderate Housing Fund (account number 165-199-999-5250). Currently there is a balance of nearly $20,000 appropriated to this Agreement. ATTACHMENT: Redevelopment Agency Agreement for Financial Services Second Amendment to Agreement between City of Temecula Redevelopment Agency and Rehab Financial Corporation RARehab Financial\Staff report -increase term 6804.doc SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND REHAB FINANCIAL CORPORATION THIS Second AMENDMENT is made and entered into as of June 22, 2004 by and between the City of Temecula Redevelopment Agency, a municipal corporation ("Agency") and Rehab Financial Corporation ("Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On April 7, 1999 the Agency and Consultant entered into that certain agreement entitled "Redevelopment Agency Agreement for Financial Services" ("Agreement') in the amount of $25,000. B. On December 17, 2002, the Agency amended the agreement between the City of Temecula Redevelopment Agency and Rehab Financial by increasing the existing contract an additional $25,000, total amount of funding to $50,000. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 2 of the Agreement is hereby amended to read as follows: The Agreement shall commence on June 22, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 3, Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. RARehab FinanciahAmendment #2.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Shawn D. Nelson, Executive Director ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Name Rehab Financial Corporation Address 10221 Slater Avenue #211 City Fountain Valley Phone (714) 968-6775 Print or Type TITLE: President Print or Type NAME: Print or Type TITLE: Print or Type (Two Signatures Required For Corporations) RARehab FinanciaM+mendment #2.doc AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND REHAB FINANCIAL THIS AGREEMENT is made and effective as of June 22, 2004, between the City of Temecula Redevelopment Agency, a municipal corporation ("Agency") and Rehab Financial Corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on June 22, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, 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 at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The Agency 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 twenty thousand dollars and 00/100 ($20,000.00) for the total term of the 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 Executive Director and Consultant at the time City's written authorization is given to Consultant for the performance of said services The Executive Director may approve additional work up to ten percent (10%) of the amount of the Agreement, but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the Agency disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. R:\Rehab FinanciahAgreement.2004.dot Updated 8/2003 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The Agency 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 Agency 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 Agency 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 Agency pursuant to Section 4. 6. 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, Agency 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 Executive Director 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 (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 Agency 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. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency 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 identi- fied and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency 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, computerfiles 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 Agency P:Wgreeement Sample\Consultant.Prof Services.2003 Updated 8/2003 and may be used, reused or otherwise disposed of by the Agency 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. a. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, 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, its officers, agents and employees 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 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. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. P:Wgreeement Sample\Consultant.Prof Services.2003 Updated 8/2003 (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; orthe Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Bests rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on RAgreeement Sample\Consultant.Prof Services.2003 Updated 8/2003 forms provided by the City. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the Agency 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 Agency 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 Agency 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, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. 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 byfailure of the Consultant to comply with this section. 12. 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 Executive Director 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 Agency notice of such court order or subpoena. b. Consultant shall promptly notify Agency 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. Agency 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 Agency and to provide Agency with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) PMgreeement Sample\Consultant.Prof Services.2003 Updated 8/2003 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. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Rehab Financial Corporation 10221 Slater Avenue #211 Fountain Valley, CA 92708 (714) 968-6775 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without priorwritten 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. 15. 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. 16. GOVERNING LAW. The Agency 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. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula 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 Agency that no 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 Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the Agency in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are PMgreeement Sample\Consultant.Prof Services.2003 Updated W003 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA REDEVELOPMENT AGENCY Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC, Agency Secretary Approved As to Form: Peter M. Thorson, Agency Counsel CONSULTANT Name Rehab Financial Corporation Address 10221 Slater Avenue #211 City Fountain Valley Phone (714) 968-6775 Print or Type TITLE: President Print or Type NAME: Print or Type TITLE: Print or Type (Two Signatures Required For Corporations) R:\Rehab FinancialWnendment #2.dm ITEM 3 APPROVAL (.�G 4 CITY ATTORNEY FINANCE OFFICE CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: John Meyer, Redevelopment Director DATE: June 22, 2004 SUBJECT: Old Town Billboard Lease Agreement RECOMMENDATION: That the Agency approve a $37,800 Lease Agreement with Lamar Advertising Company for the Old Town Billboard. BACKGROUND: Since 1997, the Agency has been leasing a Billboard to help promote Old Town. The Billboard has been considered an effective tool to advertise Old Town to the motoring public along Interstate 15. The proposed lease agreement with Lamar Advertising will be in the amount of $2700 per month for rent and $450 per change -out of sign copy for a total of $37800. We estimate 12 change -outs during the upcoming year. These rates represent an increase of nearly 7% for rent and over 10% for the change -outs. FISCAL IMPACT: The $37,800 will be funded through the Old Town Implementation Plan (280- 199-999-5362). Attachments: Billboard Lease R:\Oldtom\Billboard\billboardstaffreport2004.dm OLD TOWN TEMECULA REDEVELOPMENT AGENCY EVENTS 2004 Dates: Car Show Bluegrass Festival Youth Jazz Western Days Street Painting Festival Hot Summer Nights Temecula On -Stage Ouilt Festival Fall Rod Run Howl-O-Ween in Old Town Erie Stanley Gardner Mystery Weekend Christmas in Old Town Saturdays & Sundays, February 28 & 29, 2004 March 20 & 21, 2004 April 17, 2004 May 22 & 23 2004 June 19 & 20 2004 July 19 — August 27, 2004 August - 2004 Saturday, October 2004 Saturday, October 2004 October 30 & 31, 2004 November 6 & 7, 2004 November 20 — December 19, 2004 RASpecial Events\OLD TOWN TEMECULAevents2004.doc Lamar -Son Bernardino Date: 108 N. Waterman Avenue THE • YAM Fa COMPANIES New/Renewal: RENEWAL San Bernardino CA 92408 909-888-0018 909-888-6588 FAX Bulletin Contract Lamar ID No. 259 305750 Customer Name: Temecula Redevelopment Agency Advertiser Same Street Address: P O Box 9033 Cust. AIC 0: NargLocal: LD Mailing Address: same Zip: Design: City: Temecula State: CA Dp: 92589 Vinyl: Sections: Phone: 909-694-6412 Term: 12 Months StartDate: Ju101 20D4 Fax: 909-693.3903 Contact Person: kathy Syers Email: THIS INFORMATION FOR OFFICE USE ONLY Billing Start Date: Monthly Billing Rate: $2,700.00 Commission: 0.000% Product Code: Billing End Date: 630-05 Political: Coop: Narl Contract No. Panel No: Market Code: Location Description: Size of Bulletin: Ilium: Price Per Month: 70171 4 Int. 15 s/o Rancho Cal. Rd. , face north - Temecula 10 x 30 y $2,700.00 Advertiser authorizes and Instructs The Lamar Companies to display in a good and workmanlike manner, and to maintain for the terms set forth above, outdoor advertising displays described above or on the attached list. In co mlderatlon thereof, Advertiser agrees to pay The Lamar Companies all contract amounts within thirty (30) days after the date of billing. Advertiser acknowledges and agrees to be bound by the terms and Conditions contained on both pages of this contract. The undersigned representative or agent of Advertiser hereby warrants to The Lamar Companies that he/she is the representative of the Advertiser and is authorized to execute this contract on behalf of Advertiser. Temecula Redevelopment Agency ADVERTISER ACCOUNT EXECUTIVE: todd manes DATE: COMPANY: Lamar -San Bernardino BY: ADVERTISER SIGNED BY This contract is NOT BINDING UNTIL ACCEPTED by the General Manager of a Lamar Outdoor Advertising Company. ACCEPTED: THE LAMAR COMPANIES DATE: BY: GENERAL MANAGER Randall Straub AGENCY The agency representing this Advertiser in this contract executes this contract as an agent for a disclosed principal, but hereby expressly agrees to he fable jointly and severally and in solido with Advertiser for the full and faithful performance of Advertiser§ obligations hereunder. Agency waives notice of default and consents to all extensions of payment Cust A/C: Naft%ocal: LD Agency. Street Address: Date: Mailing Address: By: City: State: _ Zip: Signed By: Email Address: Contact: Phone: Fax: TYPE OR PRINT NAMES BELOW SIGNATURES REVISED 0411114 STANDARD CONDITIONS 1. If Lamar is requested by Advertiser to submit artwork, then artwork submitted by Lamar shall be approved or substitute artwork shall be furnished by Advertiser within ten (10) days after submission. In the case of default in furnishing or approval of artwork by Advertiser, then the date of installation for purposes of commencement of the first monthly invoice shall be deemed to occur on the date on which the various spaces are available for installation. 2. Advertiser warrants that all approved designs do not infringe upon any trademark or Copyright, state or federal. Advertiser agrees to defend, indemnify and hold Lamar free and harmless from any and all loss, liability, claims and demands, including attorney's fees arising out of the character, contents or subject matter of any copy displayed pursuant to this contract. 3. Upon completion and installation of the initial painting/vinyl, or upon the circumstances described in paragraph 1 above regarding default, an invoice for payment will be sent to Advertiser or Agency. Upon Advertiser's or Agency's request, a report of such painting and installation will be sent with the initial notice. The first monthly invoice shall cover the period from date of installation (if more than one location is included, the average date of installation shall be used) to the end of the month in which the Invoice is rendered, and subsequent monthly invoices shall be rendered in advance on the first of each successive month. All prorated invoices and credits will be computed on the basis of a thirty (30) day month. 4. If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature, including but not limited to acts of God, strikes, work stoppages or picketing, or in the event of damage or destruction of any of the spaces, or in the event Lamar is unable to deliver any portion of the service required in this contract, including illumination, this contract shall not terminate. Credit shall be allowed to advertiser at the standard rates of Lamar for such space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended. Lamar may discharge this credit, at its option, by furnishing advertising service on substitute spaces, to be reasonably approved by advertiser, or by extending the term of the advertising service on the same space for a period beyond the expiration date. The substituted or extended service shall be of a value equal to the amount of such credit. S. Upon default in the punctual payment of the contract indebtedness or any part thereof, as the same shall become due and payable, the entire amount of the indebtedness contracted for herein shall be matured and shall be due and payable Immediately, at the option of Lamar, and unless same is promptly paid, Lamar may, at its option, discontinue without notice the outdoor advertising contracted for herein; provided, however, that such discontinuance shall not relieve the Advertiser of the contract indebtedness. All payments in arrears shall bear interest at the highest contract rate permitted by law, not to exceed 11h% per month. In addition, Advertiser shall pay Lamar all costs and expenses of exercising its rights under this contract, including reasonable attorney's fees of not less than 25% of the amount due, or $250.00, whichever is greater, and all reasonable Collection agency fees. 6. This contract, both pages, constitutes the entire agreement between Lamar and Advertiser. Lamar shall not be bound by any stipulations, conditions, or agreements not set forth in this contract. Waiver by Lamar of any breach of any provision shall not constitute a waiver of any other breach of that provision or any other provision. 7. Lamar reserves the right to determine if copy and design are in good taste and within the moral standards of the individual communities in which it is to be displayed. 8. Lamar reserves the right to reject or withdraw any Copy, either before or after posting. Lamar further reserves the right to terminate the contract for any reason, at any time. 9. Net rash payment is required thirty (30) days after the date of billing. 10. If a location should be lost during the period of display for any reason, a bulletin location of equal advertising value will be substituted or credit issued for loss of service. Should there be more than a 50% loss of illumination, a 20% pro-rata credit based an monthly advertising space billing will be given. If this Contract requires illumination, it will be provided from dusk until 11:00 p.m. 11. The customary agency Commission will be allowed to accredited advertising agencies. Agency commissions will be forfeited after sixty (60) days, if payment is not received as outlined above. 12. All contracts are non -cancelable by Advertiser unless otherwise agreed upon in writing. The cancellation privilege, if agreed upon in writing, must provide that written notice reach Lamar at least sixty (60) days prior to the date of the last invoice for which the Advertiser will be liable. 13. Paint production charges are not included in the space rate, and will be determined by the degree of difficulty of the reproduction. Charges are computed on a square foot basis. 14. Approved artwork and painting instruction shall be furnished by the Advertiser sixty (60) days prior to scheduled display date. 15. Creative with mechanical, reflectors, inflatable, etc. will be quoted upon request. 16. Cutouts/extensions, where allowed, are limited in size to 5 feet above, and 2 feet to the sides and 1 foot below normal display area. Cutouts are the property of Lamar, and the basic fabrication charge is for a maximum 12 months. Lamar will not be responsible for cutouts/extensions after 120 days of storage time. 17. Vinyl for bulletins should be supplied by the advertiser fifteen (15) days prior to posting date. 18. Sections or vinyl will be held at customer's request upon management approval at the maximum rate of $100 per month. 19. Leeway of five (5) working days from the accepted start date is required to complete the installation of any display. Vinyl should be shipped in time to arrive at least fifteen (15) days prior to the accepted start date. 20. Special Considerations: SURETY AGREEMENT In consideration of Lamar entering Into this contract with Advertiser, the undersigned ('Surety') guarantees and becomes a surety for Advertiser in favor of Lamar for all sums due by Advertiser under this contract. The obligation of Surety Is joint and several and in solwo with Advertiser and Agent (if applicable) for the full performance of all of Advertiser's obligations under this contract or any continuation. Surety consents to all extensions. Surety waives any benefit that may allow him to limit this obligation to less than the full obligation of Advertiser. It is understood that, without this guarantee or surety agreement, Lamar would not be willing to enter this contract with Advertiser. Signed this day of SURETY Print Name: Address: J � . 1 DEPARTMENTAL REPORT CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: John Meyer, Redevelopment Director DATE: June 22, 2004 SUBJECT: Monthly Departmental Report Attached for your information is the monthly report as of June 22, 2004 for the Redevelopment Department. First Time Homebuvers Program Funding in the amount of $100,000 is available for FY 03 —04, with $24,000 funded to date. Residential Improvement Programs The program budget for FY 03/04 is $250,000, with $106, 581 funded on 25 units. Affordable Housing The Cottages of Old Town project consists of 14 new single-family detached homes and 3 rehabilitated single-family homes located on Sixth Street. The Ribbon Cutting Ceremony and Tour was held on Monday, June 7. The first 14 Homeowners have moved in with the remaining 3 scheduled to move in sometime in June 2004. Habitat for Humanity Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity on February 11, 2003 to develop a home -ownership project within the Pujol Neighborhood. The project located on the northwest corner of Pujol and First Streets, will consist of 6 new single-family detached homes. The total project site is approximately 37,000 square feet with approximate lot sizes of 5,000. The houses are arranged along Pujol Street and a private lane. The groundbreaking was held on July 26, 2003. RASYERSKXM0NTHLLn une22.doc Senior Housing Council entered into a Disposition and Development Agreement (DDA) on January 14, 2003 with Community for Better Housing (CBH) for a 66 unit affordable senior housing project on Pujol Street. The project will be two-story garden -style apartments and project amenities, which will include a community room, and swimming pool. The project is nearing completion. Old Town Community Theater The bid opening was held on January 14. Council awarded the construction contract to Tovey/Shultz Construction, Inc. at the February 10, 2004 City Council meeting in the amount of $7,168,000. Construction has begun and should be completed in 14 months. Bally's Restaurant Council entered into a Disposition and Development Agreement (DDA) with Chris and Kim Baily on March 25, 2003 to develop a restaurant on the property located at Old Town Front and 2Id Street. The building will consist of casual and patio dining on the first floor with a fine dining restaurant on the second floor. Construction has begun and should be completed in the Fall 2004. Campus Proiect The Redevelopment Agency entered into a Disposition and Development Agreement with AGK Group, LLC, on March 16, 2004 to develop, construct and operate an educational facility. The facility will consist of mixed -income apartments, retail facilities, parking and participating college universities. The project should be completed in Fall of 2006. Facade Improvement/Non-Conforming Sign Program The following facade improvement/sign projects are in process or have recently been completed: Hitching Post - Sign Program Penfold Building - Sign Program - Completed Homes Magazine - Sign Program — Completed R1SYERSKW0NTHLLnune22.doc 2 Old Town Promotions/Marketing STREET PAINTING FESTIVAL The Street Painting Festival was held in Old Town Temecula on June 19 and 20. The event featured approximately 100 fine artists creating pastel chalk mural. Artists painted murals ranging in size from a 4-foot by 6-foot to 10 foot by 12-foot blocks on the asphalt streets The interactive art experience is a big hit with families as children and parents sit side -by -side creating their own works of art. Children and their parents painted more than 400 two -foot square blocks of art in 2003. A series of free street painting workshops were held at the Old town Temecula Farmers Market. The workshops were designed for artists wishing to participate in the Old Town Temecula Street Painting Festival. Street painting originated in Italy with the artists gaining the title "Madonnari" after their historical practice of creating chalk paintings of the Madonna. Now the name Madonnari implies Italian Street Painting that expands beyond the scope of its original nature. The Street Painting Festival was free to the public and artists. The event included food and craft vendors. Additional Old Town events will be held to include the Hot Summer Nights beginning June 17 — August 27, 2004. R:\SYERSK\M0NTHLLnune22.d0c ITEM 34 APPROVAL CITY ATTORNEY `zvP DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Winchester Road Widening at Jefferson Intersection, Project No. PW00-27 Consideration of Adoption of Resolutions of Necessity for the Acquisition in Eminent Domain of Certain Real Properties for Public Purposes PREPARED er Attar, Principal Engineer J�Marilyn Adarbeh, Property Agent RECOMMENDATION: That the City Council: Separately consider each of the following two Resolutions, which are Resolutions of Necessity of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition thereof in connection with the Winchester Road Widening Project: RESOLUTION NO. 04- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WINCHESTER ROAD WIDENING PROJECT (APN 909-270-043) RESOLUTION NO. 04- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WINCHESTER ROAD WIDENING PROJECT (APN 909-270-042) R:Wgenda Reports\2004\0622\Winchester Road Widening 2. Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity, receive from staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolutions of Necessity, each of which requires the City Council's separate consideration and determination. 3. If the City Council finds, based upon the evidence contained and referred to in this Report, the testimony and comments received at this hearing, and all written testimony submitted to the City Council, that the evidence warrants the necessary findings with respect to each of the proposed Resolutions of Necessity, then staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution Nos. 04- _; and 04-_; (each of which requires a 4/5ths vote of the entire Council) and authorize the City Attorney's office to file eminent domain proceedings to acquire the following real property interests: • portions of 41540 Winchester Road (Assessor's Parcel Numbers 909-270-043) for a permanent street easement and a temporary construction easement ; • portions of 41530 Enterprise Circle South (Assessor's Parcel Numbers 909-270- 042) for a permanent street easement and a temporary construction easement; and These real property interests are referred to below collectively as "Subject Property Interests" and are described more particularly in the Exhibits attached to each Resolution of Necessity. Each Resolution also contains a drawing depicting the location of the real property interests in relation to the Winchester Road Widening Project. Said Resolutions together with their Exhibits are attached hereto and incorporated in this Report by this reference. 4. If the Resolutions of Necessity are approved, authorize the City Attorney's office, and City staff to take all necessary steps to deposit with the Court the amount of probable compensation required by law for issuance of Orders for Possession. 5. Authorize the City Manager to execute all necessary documents. BACKGROUND AND SUMMARY: The City Council has before it two proposed Resolutions of Necessity for the acquisition of permanent easements and temporary construction easements on certain real properties located adjacent to Winchester Road in the City of Temecula in connection with the Winchester Road Widening Project ("proposed Project"). The real property interests sought for the proposed Project are sought for a public use, namely for street widening and improvement purposes, and all purposes necessary and convenient thereto in connection with the proposed Project pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by California Government Code sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. The proposed improvements are part of the Winchester Road Widening Project as described in Specific Plan 13 ("proposed Project"). Specifically, this portion of the proposed Project would widen and improve eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet). These proposed improvements would also provide dedicated turn lanes to facilitate the turning movements of vehicles without impeding through traffic. 2 RMgenda Reports\2004\0622\Winchester Road Widening Further, this portion of the proposed Project would also construct a raised median island (approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road, to prevent left turn movements within this heavily congested section of Jefferson Avenue. As shown more fully below, the proposed Project is consistent with the General Plan of the City of Temecula and is required for the public health and safety because it will maintain the current level of service at critical intersections, alleviate anticipated unacceptable levels of traffic congestion, and maintain traffic circulation at the standard set forth in the City's Circulation Element. As shown more fully below, the real properties that are the subject of the Resolutions of Necessity are necessary for this portion of the proposed Project. The "Subject Property Interests" the City seeks to acquire for this portion of the proposed Project are described as follows: portions of 41540 Winchester Road (Assessor's Parcel Numbers 909-270-043) for a permanent street easement and a temporary construction easement; portions of 41530 Enterprise Circle South (Assessor's Parcel Numbers 909-270- 042) for a permanent street easement and a temporary construction easement; and Legal descriptions of each of the real property interests the City seeks to acquire for the proposed Project are attached as Exhibits "A" to each Resolution of Necessity. Maps depicting the location of the real property interests the City seeks to acquire in relation to the proposed Project are attached as Exhibits "B" to each of the Resolutions of Necessity. Each Resolution and their respective Exhibits "A" and Exhibits "B" are incorporated in this Report by this reference. In order to adopt each Resolution of Necessity with respect to the Subject Property Interests, the City Council must find and determine with respect to each proposed acquisition that: A. The public interest and necessity require the proposed Project; B. The proposed Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The Subject Property Interests described in each Resolution of Necessity are necessary for the proposed Project; and D. The City has made an offer as required by Government Code section 7267.2 to each of the owners of record of the real property interests it seeks to acquire. The amount of just compensation is not an issue before the City Council at this hearing. This hearing relates to issues A, B, C, and D above. R:Wgenda Reports\2004\0622\Winchester Road Widening Description of Proposed Project and Environmental Review Winchester Road is a state highway that provides regional access to and from the Hemet area, located to the northeast of Temecula, as well as local access to and from Interstate-15. Winchester Road is generally a four -lane Major Highway west of Jefferson Avenue and a six to eight -lane Urban Arterial east of Jefferson Avenue in the City of Temecula. Ultimately, it is expected that Winchester Road will be widened from its current two lanes (east of Margarita Road) to six lanes to Florida Avenue (State Highway 74) in the Hemet area. The proposed improvements are part of the Winchester Road Widening Project as described in Specific Plan 13 ("Harveston Specific Plan"). This portion of the proposed Project would widen and improve eastbound and westbound Winchester Road west of Jefferson Avenue (approximately 700 linear feet). These proposed improvements would also provide dedicated turn lanes in this area to facilitate the turning movements of vehicles without impeding through traffic. Further, this portion of the proposed Project would also construct a raised median island (approximately 900 linear feet) on Jefferson Avenue to prevent left turn movements within this heavily congested section of Jefferson Avenue. Other portions of the proposed Project, which have either been completed to date or are in the process of being constructed, provide additional through lanes and turning lanes at the intersections of Winchester Road and Jefferson Avenue, Winchester Road and the 1-15 Freeway, Winchester Road and Ynez Road, and Winchester Road and Margarita Road. In addition, other portions of the proposed Project provide a right -turn lane to the northbound and southbound 1-15 Freeway to ease traffic congestion on Winchester Road. As shown more fully below, the proposed Project is consistent with the General Plan of the City of Temecula and is required for the public health and safety because it will maintain the current level of service at these intersections, alleviate anticipated unacceptable levels of traffic congestion, and maintain traffic circulation at the standard set forth in the City's Circulation Element. As discussed more fully below, the proposed Project was a condition of approval of Specific Plan 13 ("Harveston Specific Plan") and related planning applications. The proposed Project, including the improvements comprising this portion of the proposed Project, was also a mitigation measure set forth in the Environmental Impact Report for the Harveston Specific Plan and related planning applications ("Final EIR") and in the Mitigation Monitoring Program. In approving City Council Resolution No. 01-72, which adopted Specific Plan 13 (Planning Application No. 99-0418) on Parcels totaling 550 acres located east of Interstate-15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limit, (referred to hereafter as "Harveston Specific Plan"), the City Council found that Lennar Communities filed Planning Application Nos. PA 99-0419 (General Plan Amendment), PA 99-0418 (Specific Plan, Development Code Amendment and Specific Plan Zoning Standards), PA 00-0189 (Environmental Impact Report), PA 99-0245 (Change of Zone), PA 99-0446 (Development Agreement), PA 00-0295 (Tentative Tract Map 29639),1 PA 01-0030 (Tentative Tract Map 29928), PA 01-0031 (Tentative Tract Map 29929), and PA 01-0032 (Tentative Tract Map No. 30088) (hereafter referred to collectively as "Development Application") in accordance with the City of Temecula General Plan and Development Code to obtain land use approvals for a 550- acre planned community located adjacent to and east of Interstate-15, north of Santa Gertrudis On August 14, 2001, the City Council approved Resolution No. 01-73, Planning Application No. 00-295 for Tentative Tract Map ("TTM") No. 29639, a subdivision of approximately 550 acres into 91 lots. In approving TTM No. 29639, the City Council found that the proposed subdivision and improvements are consistent with the Development Code, General Plan, any applicable Specific Plan, and with the Temecula Municipal Code. The proposed Project was also one of the conditions of approval of TTM No. 29639. RAAgenda Reports\2004\0622\Winchester Road Widening Creek, west of Margarita Road, and south of the northern City limit. In adopting Resolution No. 01-72, the City Council found that the Development Application is compatible with the health, safety, and welfare of the community and is in conformance with the City's General Plan. The City Council found that the Development Application sets policies and standards to protect the health, safety, and welfare of the community. It also found that access and circulation are adequate for emergency vehicles. In approving Resolution No. 01-72 on August 14, 2001, the City Council also found that the Development Application is compatible with surrounding land uses. It noted that the Development Application proposes similar residential neighborhoods adjacent to existing surrounding neighborhoods with interface buffers and full roadway improvements. It also found that the Development Application will not have an adverse effect on the community because it remains consistent with the goals and policies of the General Plan. In approving Resolution No. 01-72, the City Council further found that the Harveston Specific Plan is consistent with the General Plan, as proposed for amendment, and that the Harveston Specific Plan is compatible with the City's Development Code. Exhibit "A" to Resolution No. 01- 72 contains the findings of consistency with the General Plan. For example, the City Council found that the Harveston Specific Plan is consistent with the goals and policies of the General Plan and serves to implement all aspects of the General Plan. The City Council also found the Harveston Specific Plan would not be detrimental to the public interest, convenience, or welfare of the City. It determined that the Harveston Specific Plan is in conformance with the General Plan, as proposed for amendment, and the Growth Management Action Plan, which set policies and standards to protect the health, safety, and welfare of the community. In addition, the Council determined the Specific Plan's standards ensure compatibility and interface with the surrounding community in terms of density, design, and circulation. For example, with respect to the Land Use Element, the City Council found that the Harveston Specific Plan meets the goal of requiring development to evaluate the incremental traffic impacts on local roads through the proposed phasing of the Development Application in order to ensure that any adverse impacts to local roads in residential areas are either avoided or adequately mitigated. Specifically, the City Council noted that the Traffic Analysis for the Development Application, which was prepared by Wilbur Smith Associates (dated July 19, 2000) and reviewed and approved by the City's Traffic Engineer ("Traffic Analysis"), together with the mitigation measures set forth in the Final EIR satisfy this Land Use Element goal. According to the Traffic Analysis, impacts from the Development Application at the projected opening year (2002) and at the projected build -out year (2005) result in a minimum Level of Service ("LOS") "D" at all times at all of the critical intersections within the vicinity of the development project with the implementation of certain transportation improvements. These improvements were identified and included as mitigation measures in the Final EIR. With respect to the Circulation Element, the City Council found that the Development Application satisfied the goal of striving to maintain a LOS "D" or better at all intersections within the City during peak hours and LOS "C" or better during non -peak hours. According to the Traffic Analysis, the impacts from the Development Application at the projected opening year and at the projected build -out year result in a minimum LOS "D" at all critical intersections studied with the implementation of certain transportation improvements. Specifically, the Traffic Analysis identified ten intersections that would need improvements by the year 2005, including the Winchester Road and Jefferson Avenue intersection improvements proposed by this portion of the proposed Project. Specifically, the EIR identified the following improvements to the Winchester Road and Jefferson intersection: (1) addition of an eastbound right turn lane, (2) addition of a northbound right turn lane (dual right), (3) conversion of a southbound through lane/left to a dedicated left turn lane, and (4) conversion of a southbound right lane to a shared through and right turn lane. The City Council found that the overall impacts of the Development Application to these intersections were identified in the Final EIR, which included mitigation measures to ensure the above circulation goals are met. RAAgenda Reports\2004\0622\Winchester Road Widening The City Council also found that the Circulation Plan of the Harveston Specific Plan and the standards requiring construction and upgrade of the roadway facilities were consistent with City standards. It found that these standards satisfy the Circulation Element's goal of ensuring that the street standards and roadway facilities are constructed or upgraded to meet City standards, where feasible. In addition, the City Council found that the mitigation measures set forth in the Final EIR ensure that the Harveston Specific Plan and Development Application meet the goals set forth in the Circulation Element of requiring the evaluation of potential traffic impacts associated with new development prior to development project approval and the implementation of mitigation measures prior to, or concurrent with, project development. Moreover, the City Council found that the Harveston Specific Plan satisfies the Circulation Element's goal of pursuing trip reduction and transportation systems management measures to reduce and limit congestion at intersections and along streets within the City. The Harveston Specific Plan meets this goal by incorporating certain street improvements including the addition of turn lanes, restrictions on turning movements during peak traffic periods at congested intersections, and the widening of intersection approaches to accommodate additional through movement lanes and to improve visibility. As explained above, the proposed Project was a condition of approval of the Harveston Specific Plan and related applications. This portion of the proposed Project was identified in the certified Final EIR as a mitigation measure to address traffic impacts resulting from the construction of the Harveston development. Specifically, this portion of the proposed Project would widen and improve eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet). These proposed improvements would also provide dedicated turn lanes in this area to facilitate the turning movements of vehicles without impeding through traffic. Further, this portion of the proposed Project would also construct a raised median island (approximately 900 linear feet) on Jefferson Avenue to prevent left turn movements within this heavily congested section of Jefferson Avenue. In approving the Harveston Specific Plan, the City Council further found that the Harveston Specific Plan is a master planned community with specific design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design, and circulation. The City Council, thus, adopted Resolution No. 01-72 subject to the Conditions of Approval set forth in Exhibit "C" to Resolution No. 01-72. Resolution No. 01-72 together with its Exhibits and the Planning Applications referenced in Resolution No. 01-72, Resolution No. 01-73, and Ordinance No. 01-08 are all on file in the City's Planning Department, and are incorporated in this Report by this reference. Currently, most of Winchester Road in the proposed Project area operates at a LOS "C" at non - peak traffic hours. If traffic volumes continue to increase at the projected levels, the level of service on Winchester Road will be operating at LOS "D" or worse at non -peak traffic hours, adversely impacting the public health and safety of the City's residents. The proposed Project is necessary to reduce the existing transportation and traffic congestion impacts on Winchester Road and to maintain a LOS "D" at all times, including peak -traffic hours, with the current and anticipated development in the City. The proposed Project is also necessary in order to improve volume -to -capacity ratios needed to maintain the recommended level of service set forth in the Circulation Element. The proposed Project, including the improvements proposed by this portion of the Project at the intersection of Winchester Road and Jefferson Avenue, would ensure that the level of service on Winchester Road is maintained at LOS "D" or better at all times and, thus, provide adequate traffic circulation to the City's residents. Consequently, the proposed Project may also have a beneficial effect on the access and response times of emergency vehicles that service the community. 6 R:Wgenda Reports\2004\0622\Winchester Road Widening The potential environmental effects of the proposed Project were studied and analyzed in connection with the Environmental Impact Report for the Harveston Specific Plan and related applications. The City issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR") on April 1, 1999, pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines. The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper of general circulation. The City sent copies of the Draft EIR to public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. The City Council on August 14, 2001, adopted Resolution No. 01-70 (A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189)). In adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I — 2002 Scenario. At Phase I, the build -out of the Development Application is anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the proposed Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because the impact to the intersections of Winchester and Ynez Roads and Winchester and Margarita Roads is considered significant, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Further, under the Project Build -out year 2005 Scenario, the City Council found the Development Application will cause an increase in traffic levels. The City anticipated that the residential and service commercial components of the proposed development would generate approximately 17,678 daily trips. Thus, with the completion of the proposed development, ten off -site intersections would operate at a LOS "F" during one or both of the peak traffic hours. The City determined that because the Development Application's traffic contributes 7 RAAgenda Reports\2004\0622\Winchester Road Widening incrementally to the cumulative impact, the Development Application is responsible for its fair - share of the improvements. The City Council found that with the implementation of certain mitigation measures, the incremental impact of the Development Application on traffic can be reduced to a less than significant level. Specifically, and as explained above, at the Winchester Road and Jefferson Avenue intersection, the mitigation measures require the addition of an eastbound right -turn lane, northbound right -turn lane (dual right), southbound left -turn lane and the conversion of a southbound right -turn lane to a shared through and right -turn lane. The widening of eastbound and westbound Winchester Road, west of Jefferson Avenue to provide dedicated turn lanes to facilitate turning movements are part of the mitigation measures required at the intersection of Winchester Road and Jefferson Avenue. Additional improvements on Winchester Road, east of Jefferson Avenue are currently under construction. The City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and Mitigation Monitoring Program, no significant traffic impacts will result from the Development Application under the Phase I — 2002 and Full Build -out 2005 Scenarios. The proposed Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the 1-15, and Winchester Road and Margarita Road. As explained above, this portion of the proposed Project is part of the mitigation measures required for the intersection of Winchester Road and Jefferson Avenue. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 01-70 but cannot be mitigated to a level of insignificance: long-term and short-term project and cumulative air quality impacts. B. Conclusions. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan.2 Specifically, as part of the approval of Resolution No. 01-70, the City Council considered Land Use Alternatives, City -Wide -Build -Out Circulation Alternatives, Community Park Design Alternatives, and CEQA Alternatives, such as the No Project Alternative. Because the City does not have a comparable area to that described in the Harveston Specific Plan within its jurisdiction, the City Council determined that an alternative location for the Harveston Specific Plan development project would not be a viable option. Further, as set forth in the Final EIR and in Resolution No. 01-70, the City considered other Land Use Alternatives to the development proposed by the Harveston Specific Plan and related applications. a RAAgenda Reports\2004\0622\Winchester Road Widening The City of Temecula's General Plan, Development Code, Resolution No. 01-72, the Harveston Specific Plan, the staff report in connection with the Harveston Specific Plan, Resolution No. 01- 70, the Draft and Final Environmental Impact Reports, Mitigation Monitoring Program, Resolution No. 01-73, Ordinance No. 01-08, the Development Agreement, Negative Declaration EA 103, Notice of Determination, exhibits to these documents and all documents referenced therein, the proposed construction plans, the Agreement Pursuant to Government Code section 66462.5, and aerial maps of the Subject Property Interests are on file in the City's Planning Department, and are incorporated in this Report by this reference. The proposed Project may require the relocation of several utilities that are located in the Subject Property Interests. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes and all uses necessary or convenient thereto, is a more necessary public use within the meaning of the Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the proposed Project. Negotiations with the utility companies are ongoing. City's Actions Pursuant to Government Code Section 7262 et seq. As more fully described below, the City of Temecula, pursuant to California Government Code section 7262 et seq., obtained fair market value appraisals of the Subject Property Interests, set just compensation in accordance with the appraised fair market value, and extended written offers, in July 2003, to the owners of record. The City acquired by negotiated purchase the property interests needed from 5 of the 8 parcels impacted by this portion of the Winchester Road Widening Project. No negotiated settlement has been reached on the Subject Property Interests described in the Resolutions of Necessity. Following is a brief summary of the City's actions with respect to each of the Subject Property Interests pursuant to Government Code section 7262 et seq. 41540 Winchester Road -- Assessor's Parcel Number 909-270-043 Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a June 13, 2003 date of value. The City set just compensation in accordance with the appraised fair market value and extended a written offer letter, in July 2003, to the owners Mike Bouris and Lora Elese Bouris, as Trustees, under the Bouris Revocable Living Trust, and any Amendments thereto, dated May 14, 1991, as to an undivided 70% interest; Gwen N. Bouris, a single woman, as to an undivided 20% interest; and Scott C. Montgomery and Lynette L. Montgomery, husband and wife, as to an undivided 10% interest, all as tenants in common. The City has negotiated with the property owners and has received a counter-offer from the property owners, but a negotiated sale has not been reached 41530 Enterprise Circle South -- Assessor's Parcel Number 909-270-042 Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a June 13, 2003 date of value. The City set just compensation in accordance with the appraised fair market value and extended a written offer letter, in July 2003, to the owner Enterprise Professional Building, LLC. The City has negotiated with the property owner and has received a counter-offer from the property owner, but a negotiated sale has not been reached A. The Public Interest and Necessity Require the Proposed Project 10 RAAgenda Reports\2004\0622\Winchester Road Widening As shown above, this portion of the proposed Project would widen and improve eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet) to ease traffic congestion on Winchester Road and to meet the demands of increased traffic volumes in the area. These proposed improvements would also provide dedicated turn lanes to facilitate the turning movements of vehicles without impeding through traffic. Further, this portion of the proposed Project would construct a raised median island (approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road, to prevent turn movements within this heavily congested section of Jefferson Avenue. The improvements proposed by this portion of the Winchester Road Widening Project are part of the mitigation measures required by the Final EIR to address the traffic impacts resulting from the construction of the Harveston development. Specifically, the mitigation measures required the following improvements to the intersection of Winchester Road and Jefferson Avenue: (1) addition of an eastbound right -turn lane; (2) addition of a southbound left -turn lane (dual left); (3) conversion of the southbound right -turn lane to a shared through and right -turn lane; and (4) addition of a northbound right -turn lane (dual right). This portion of the proposed Project, which would widen and improve eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet) to ease traffic congestion on Winchester Road and to meet the demands of increased traffic volumes in the area and which would add dedicated left turn lanes, are part of the mitigation measures required by the Final EIR. Other mitigation measures, which have either been completed or are in the process of being constructed, include improvements to the intersection of Winchester Road at Ynez Road, the intersection of Winchester and Margarita Road, and Winchester Road and the 1-15. The proposed Project, including the improvements comprising the portion of the proposed Project discussed above, would ensure safe traffic circulation on Winchester Road and, thus, prevent unacceptable congestion and unsafe conditions that would result absent the proposed Project. As evidenced in the Traffic Analysis discussed above, the level of service on certain intersections along Winchester Road, including the intersection of Winchester Road and Jefferson Avenue, is at level "Y during peak -hour traffic. The proposed Project is needed to maintain the current LOS "D" at all times consistent with the City's Circulation Element. Further, the proposed Project is consistent with the City's General Plan and the Harveston Specific Plan and is required for the public health and safety because it will alleviate anticipated unacceptable levels of traffic congestion and maintain traffic circulation at the standard set forth in the Circulation Element of the General Plan. The proposed Project would ensure that vehicles are able to circulate in a safe manner, including emergency vehicles vital to the public health and safety. The proposed Project is necessary to reduce the existing transportation and traffic congestion impacts on Winchester Road, one of the main arterials in the City of Temecula. The improvements on Winchester Road and the intersections described above are necessary to achieve the traffic and circulation goals identified above, including improving the flow of traffic. Thus, the proposed Project benefits the City as a whole. The proposed Project also ensures that other goals of the Circulation Element are met, including the goal of widening of intersection approaches to accommodate additional through movement lanes and to improve visibility at congested intersections. The proposed Project may require the relocation of several utilities that are located in the Subject Property Interests. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the proposed Project. 11 RAAgenda Reports\2004\0622\Winchester Road Widening B. The Proposed Project is Located in the Manner that will be Compatible with the Greatest Public Good and Least Private Injury As shown in detail above, this portion of the proposed Project would widen and improve eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet) to ease traffic congestion on Winchester Road and to meet the demands of increased traffic volumes in the area. These proposed improvements would also provide dedicated turn lanes to facilitate the turning movements of vehicles without impeding through traffic. This portion of the proposed Project would also construct a raised median island (approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road, to prevent turn movements within this heavily congested section of Jefferson Avenue. Other portions of the proposed Project, which have either been constructed or are in the process of being constructed, would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. The proposed Project would provide additional through lanes and turning lanes at the intersections of Winchester Road at Jefferson Avenue, Winchester Road at Ynez Road, and Winchester at Margarita Road. The proposed Project would also provide a right -turn lane to the northbound and southbound 1-15 Freeway to ease traffic congestion on Winchester Road and to meet the demands of increased traffic volumes in the area. This portion of the proposed Project would require from the Subject Property Interests certain permanent easements for street right of way and temporary construction easements for the proposed construction. The Subject Property Interests are portions of larger parcels located adjacent to Winchester Road, Jefferson Avenue, and Enterprise Circle South. This portion of the proposed Project cannot be constructed without the acquisition of portions of the following properties for the right-of-way improvements: • 41540 Winchester Road (Assessor's Parcel Number 909-270-043): The proposed widening of and improvements to Winchester Road require permanent easements for street right of way and temporary construction easements. The improvements to eastbound Winchester Road would provide an additional 12 foot wide right of way easement for widening of Winchester Road and for the dedicated turn lanes at Jefferson Avenue. These improvements require an approximate 2,309 square foot permanent street easement for the additional right of way. In order to construct the necessary improvements, a temporary construction easement of approximately 1,587 square feet has been established on APN 909-270-043 to facilitate the installation of permanent improvements, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easements is twelve (12) months. • 41530 Enterprise Circle South (Assessor's Parcel Number 909-270-042): The proposed widening of and improvements to Winchester Road require permanent easements for street right of way and temporary construction easements. The improvements to eastbound Winchester Road would provide an additional 12 foot wide right of way easement for widening of Winchester Road and for the dedicated turn lanes approaching Jefferson Avenue. These improvements require an approximate 2,811 square foot permanent street easement for the additional right of way. In order to construct the necessary improvements, a temporary construction easement of approximately 4,088 square feet has been established on APN 909-270-042 to facilitate the installation of permanent improvements, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easements is twelve (12) months. 12 RAAgenda Reports\2004\0622\Winchester Road Widening As planned and located, the proposed Project —of which the proposed improvements are an integral part— would ensure safe traffic circulation on Winchester Road and, thus, prevent unacceptable congestion and unsafe conditions that would result absent the proposed Project. As evidenced in the Traffic Analysis discussed above, the level of service on certain intersections along Winchester Road, including the intersection at Winchester Road and Jefferson Avenue, is at level "C" at non peak -hour traffic times and at level "D" during peak -hour traffic. The proposed Project is needed to maintain the current LOS "D" at all times consistent with the City's Circulation Element. Further, the proposed Project is consistent with the City's General Plan and the Harveston Specific Plan and is required for the public health and safety because it will alleviate anticipated unacceptable levels of traffic congestion and maintain traffic circulation at the standard set forth in the Circulation Element of the General Plan. The proposed Project would ensure that vehicles are able to circulate in a safe manner, including emergency vehicles vital to the public health and safety. The proposed Project is necessary to reduce the existing transportation and traffic congestion impacts on Winchester Road, one of the main arterials in the City of Temecula. The improvements on Winchester Road, including those improvements proposed by this portion of the proposed Project at the intersection of Winchester Road and Jefferson Avenue described above and the proposed median on Jefferson Avenue, are necessary to achieve the traffic and circulation goals identified above, including improving the flow of traffic. Thus, the proposed Project benefits the City as a whole. The proposed Project also ensures that other goals of the Circulation Element are met, including the goal of widening of intersection approaches to accommodate additional through movement lanes and to improve visibility at congested intersections. The proposed Project may require the relocation of several utilities that are located in the Subject Property Interests. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes and all uses necessary or convenient thereto, is a more necessary public use within the meaning of the Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the proposed Project. C. The Subject Property Interests Described in the Resolutions of Necessity are Necessary for the Proposed Project. As explained above, the proposed Project would widen portions of Winchester Road and add additional turning lanes and through lanes at several intersections. This portion of the proposed Project would widen and improve Winchester Road, west of Jefferson Avenue (approximately 700 linear feet) to ease traffic congestion on Winchester Road and to meet the demands of increased traffic volumes in the area. These proposed improvements would also provide dedicated turn lanes to facilitate the turning movements of vehicles without impeding through traffic. Further, this portion of the proposed Project would also construct a raised median island (approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road to prevent left turn movements within this heavily congestion section of Jefferson Avenue. Other portions of the proposed Project would improve the intersections of Winchester Road at Ynez Road and Winchester Road at Margarita Road. This portion of the proposed Project would require additional right of way for permanent easements and temporary construction easements from eight parcels. The City has already acquired, by negotiated acquisition, the real property interests needed from five of these eight parcels for the construction of this portion of the proposed Project. To date, the City has not been able to negotiate a purchase of the Subject Property Interests, which are located adjacent 13 R:\Agenda Reports\2004\0622\Winchester Road Widening to Winchester Road, Jefferson Avenue, and Enterprise Circle South. The right of way improvements comprising this portion of the proposed Project cannot be constructed without the acquisition of portions of the following three properties, which are described more particularly in the Exhibits to the Resolutions of Necessity: • 41540 Winchester Road (Assessor's Parcel Number 909-270-043): The proposed widening of and improvements to Winchester Road require permanent easements for street right of way and temporary construction easements. The improvements to eastbound Winchester Road would provide an additional 12 foot wide right of way easement for widening of Winchester Road and for the dedicated turn lanes at Jefferson Avenue. These improvements require an approximate 2,309 square foot permanent street easement for the additional right of way. In order to construct the necessary improvements, a temporary construction easement of approximately 1,587 square feet has been established on APN 909-270-043 to facilitate the installation of permanent improvements, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easements is twelve (12) months. • 41530 Enterprise Circle South (Assessor's Parcel Number 909-270-042): The proposed widening of and improvements to Winchester Road require permanent easements for street right of way and temporary construction easements. The improvements to eastbound Winchester Road would provide an additional 12 foot wide right of way easement for widening of Winchester Road and for the dedicated turn lanes approaching Jefferson Avenue. These improvements require an approximate 2,811 square foot permanent street easement for the additional right of way. In order to construct the necessary improvements, a temporary construction easement of approximately 4,088 square feet has been established on APN 909-270-042 to facilitate the installation of permanent improvements, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easements is twelve (12) months. 14 R:Wgenda Reports\2004\0622\Winchester Road Widening D. The City Has Made Offer Required by Section 7267.2 of the Government Code to the Owners of Record of the Real Property the City Seeks to Acquire. As explained more fully above, the City, pursuant to Government Code section 7262 et seq., obtained fair market value appraisals of the Subject Property Interests, set just compensation in accordance with the appraised fair market value, and extend written offers to the following record owners of the Subject Property Interests: Portions of 41540 Winchester Road (Assessor's Parcel Number 909-270-043) — Mike Bouris and Lora Elese Bouris, as Trustees, under the Bouris Revocable Living Trust, and any Amendments thereto, dated May 14, 1991, as to an undivided 70% interest; Gwen N. Bouris, a single woman, as to an undivided 20% interest; and Scott C. Montgomery and Lynette L. Montgomery, husband and wife, as to an undivided 10% interest, all as tenants in common; Portions of 41530 Enterprise Circle South (Assessor's Parcel Numbers 909-270- 042) —Enterprise Professional Building, LLC; and True and correct copies of the offer letters are on file in the City's Public Works Department, and are incorporated in this Report by this reference. As explained more fully above, the City has engaged in negotiations with the above owners. To date, however, no negotiated purchase has been consummated and the schedule for this portion of the proposed Project requires that the City Council consider the proposed Resolutions of Necessity at this time. Adoption of each Resolution of Necessity requires a separate vote of at least four/fifths (4/5) of the City Council. FISCAL IMPACT: The Winchester Road Widening Project is funded through Capital Project Reserves. The funds for the land acquisition have been budgeted in the Capital Improvement Program, Fiscal Years 2003-2004. The amount that needs to be deposited for the acquisition of portion of each parcel is as follows: APN 909-270-043: $69,200; APN 909-270-042: $78,700. Adequate funds are available in Account No. 210-165-608-5700 for the total required deposit of $147,900. ATTACHMENTS: 1. Resolution No. 2004 2. Resolution No. 2004 15 R:Wgenda Reports\2004\0622\Winchester Road Widening RESOLUTION NO. 04- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WINCHESTER ROAD WIDENING PROJECT (APN 909-270-043) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent street and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The City seeks to acquire a permanent street easement and a temporary construction easement on the property commonly known as 41540 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 909-270-043 ("Subject Property Interests"). The term of the temporary construction easement is twelve (12) months. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, which is a public use. The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent street easement is shown on Exhibit "A" labeled "Legal Description for Street Dedication (Winchester Road)" and depicted on Exhibit "B" identified with "T:\SURVEY\2310.06\PLATS\2310P02-i.dwg" on the bottom left corner. The legal description to the temporary construction easement is shown on Exhibit "A" labeled "Legal Description for Temporary Construction Easement' and depicted on Exhibit "B" identified with "T:\SURVEY\2310.06\PLATS\2310P02-2.dwg" on the bottom left corner. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. This portion of the Project would widen and improve eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet). This portion of the Project would also provide dedicated turn lanes to facilitate the turning movements of vehicles without impeding through traffic. Further, this portion of the Project would construct a raised median island (approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road, to prevent left turn movements within this heavily congested section of Jefferson Avenue. Other portions of the Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road and improve the intersections of Winchester and Ynez Roads, Winchester and Margarita Roads, and Winchester Road and the 1-15. These improvements will further the public health and safety by ensuring rAAgenda Report\2004\0525\Bouris Reso 909-270-043 adequate traffic circulation in this area and, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General Plan. The Project is also necessary to meet the demands of anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper of general circulation. The City sent copies of the Draft EIR to public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I — 2002 Scenario. At Phase I, the build -out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, r:\Agenda Report\2004\0525\Bouris Reso 909-270-043 including those that are part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build -out scenario can be reduced to a less than significant level. These mitigation measures include the improvements to the intersection of Winchester Road and Jefferson Avenue proposed by this portion of the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I — 2002 and Full Build -out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the 1-15 and Winchester Road and Margarita Road. This portion of the Project includes the mitigation measures identified for the intersection of Winchester Road and Jefferson Avenue. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 01-70 but cannot be mitigated to a level of insignificance: long-term and short-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. r:Wgenda Report\2004\0525\Bouris Reso 909-270-043 Moreover, in accordance with Public Resources Code Section 21091 and CEQA Guidelines Section 15072, the City provided Notice of Proposed Negative Declaration in connection with this portion of the Project, comprised of the proposed widening of eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet) to provide dedicated turn lanes to facilitate turning movements and the construction of a raised median island (approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road. The County Clerk posted the Notice of Proposed Negative Declaration on March 24, 2004 as required by CEQA. The City provided the required public comment period in compliance with CEQA Guidelines Section 15073. The potential environmental impacts of the improvements comprising this portion of the proposed Project, including the widening of eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet) to provide dedicated turn lanes to facilitate turning movements and the construction of a raised median island (approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road, were studied and analyzed in connection with the Negative Declaration for the Winchester Road Widening — Environmental Assessment No. 103 heard and approved by Minute Action For Agenda Item No. 13 on April 13, 2004 and received and filed and adopted by the City Council on March 24, 2004, adopted by the City Council on May 11, 2004 by Minute Action for Agenda Item No. 13. The adoption of the Negative Declaration was based on an Initial Study prepared by City staff on March 24, 2004, the Notice of Intent to Adopt the Negative Declaration, on the comments received on the Negative Declaration, and the report of the proceedings in connection with the improvements proposed by this portion of the proposed Project, and the public hearing on the Negative Declaration. By Minute Action No. 13 from the May 11, 2004 City Council Meeting, the City Council further found that the Negative Declaration reflects the independent judgment of the City of Temecula as the lead agency for the environmental study. The City duly filed with the County Clerk a Notice of Determination in compliance with Public Resources Code Sections 21108 and 21152 and CEQA Guidelines Section 15075. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, and the documentation prepared in connection with Resolution No. EA 103, including the Negative Declaration, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on May 11, 2004, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by this portion of the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications, the conditions imposed as part of their approval, and the environmental findings in connection with Negative Declaration EA 103 are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the subject property interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project. Section 7. The City Council of the City of Temecula hereby finds and determines that: 4 r:\Ngenda Report\2004\0525\Bouris Reso 909-270-043 A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on May 25, 2004, including the Agenda Report dated May 25, 2004 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01- 70, 01-72, 01-73, 04-_, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans. The findings and declarations in this Resolution are also based upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 22`h day of June 2004. ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Nagger, Mayor rAAgenda Report\2004\0525\Bouris Reso 909-270-043 [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-_ was duly and regularly adopted by the City Council of the city of Temecula at a regular meeting held on the 25'" day of May, 2004, by the following vote: AYES: COUNCILMEMBERS: 0 NOES: COUNCILMEMBERS: 0 ABSENT: COUNCILMEMBERS: 0 ABSTAIN: COUNCILMEMBERS: 0 Susan W. Jones, CMC, City Clerk r:Wgenda Report\2004\0525\Bouris Reso 909-270-043 EXHIBIT "A-1" LEGAL DESCRIPTION FOR PERMANENT EASEMENT (WINCHESTER ROAD) BEING A PORTION OF PARCEL 2, OF PARCEL MAP NO. 22775, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 155, PAGES 56 THROUGH 57, RECORDED FEBRUARY 24, 1989 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS THE FOLLOWING: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHWESTERLY LINE THEREOF 1. NORTH 48008'33" EAST 157.97 FEET TO AN ANGLE POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE THEREOF 2. SOUTH 84046'06" EAST 33.69 FEET TO AN ANGLE POINT IN THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG THE NORTHEASTERLY LINE THEREOF 3. SOUTH 37040'46" EAST 16.38 FEET THENCE DEPARTING SAID NORTHEASTERLY LINE 4. NORTH 84046'06" WEST 39.62 FEET THENCE 5. SOUTH 48008'33" WEST 153.70 FEET TO A POINT ON THE SOUTH- WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE 6. NORTH 37020' 37" WEST 12.04 FEET TO THE POINT OF BEGINNING. CONTAINS 2309 SQUARE FEET OR 0.053 ACRE, MORE OR LESS. Notice of Rescheduling of Hearing on Resolution MAP 0 L2 N84'I6'06`W 39.62' EXHIBIT "B"-1 LEGEND WCAIES NWT —OF WAY ACOV9110N AREA - 0.053 AG OR 2309 S.F. POO POINT OF eEal MG AAN 8' NICE WBANT AY FAVOR OF SOUTHERN CVFO MA OMCOAB'ANY FOR IRV O R01AYD ELECIR✓" SAW SY57W AND COM WICAIM SYSTEMS PER MST. NO 227092 RM 8/11/$5 Q2 A 25' NW EASW(T FOR ACAWWMCE C>F LANDSCAPWO PER MST. NO. 288710 RM 1212311M QA (0' NW EASBQNT FOR OQMST MIM AND MAWIMMCE 3 OF DfnVEIYAYS AND RELAIED APPURTENANCES PER MST. NO. 162907 REG 06/0.51ft LT \s / oti $\ / A Z. �A4 ,\N \ A. N0. 7173 E* 12-31-03 / \ -•rOF pPP MarDR%W Cor1smr,m .amo xwt. PWc A-f� a..w rm rmnoa, a •am* SCOTT A. MRST LS 7178 DATE aas !OD•IYa•aapR PAr fVS•7 REETSTR TION E7FM 12,003 T,\SURVEY\2310.06\PLATS\2310P02-I.drg May 20, 2003 - 7142an 9o9-a70-o-3 APN 900-270-043 EXHIBIT "A-2" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF PARCEL 2, OF PARCEL MAP NO.22775, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 155, PAGES 56 THROUGH 57, RECORDED FEBRUARY 24, 1989 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS THE FOLLOWING: COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 2; THENCE ALONG THE SOUTHWESTERLY LINE THEREOF; SOUTH 37020'37" EAST 12.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHWESTERLY LINE 2. NORTH 48008'33" EAST 153.70 FEET THENCE 3. SOUTH 84046'06" EAST 13.65 FEET THENCE 4. SOUTH 48008'33" WEST 163.78 FEET TO A POINT ON SAID SOUTH WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE 5. NORTH 37020'37" WEST 10.03 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1587 SQUARE FEET OR 0.036 ACRE, MORE OR LESS. Notice of Rescheduling of Hearing cn Resolution I i I I F I I I I. i I. I I I 1 ea VICINITY MAP NO SCAT£ •AODI1ow 1r RAWT-OF- WAY PW LW OEARAVO LENORI LI SJ72O'37 E 12.04' L2 S84' '068E 1165' L3 NJ720-rrw 10.03' it It EXHIBIT B - LEGEND 1M ��; AREA: 0.036 AG OR 1587 SF. PoC POINT OF COMMENCEMENT rm HE POINT OF ErEC884C40 AN 8' N10E EASEMENT IN FAVOR OF SOUNAN OALNi7RP A EDISON NYFUCOUAVCA� PER " NMY SYVW227092 RM 8A111K © A 25' NW EASEMENT FOR MAINIVIANC£ OF EANOSY,4PIN0 PER MST. N0. 2=0 REG IV2J/81 3�A 40' NW EASEMENT FOR OWSTWCIION AND MAINMMCE OF DIIIVEN'AVS AND REEARD APM,RIENANLES-FER OCT Na 162907 REG 06/b5/b& W DE i EASEMENT UtMUNIN / i"9 stco. Ra X 69 &W tro r. q a JFs/O M7•sas-66iR lLT 186.65Y7 1y dp SCOTTA HEATST LS 7178 DATE REpS1Po wm DPW 121WI J .1 .wv�c vu \ J1U.UbWLP IS\2d1UYU2—exl; May 14, 2003 - 6,57nm 909 ; 90 • a� AM 909-270-043 RESOLUTION NO. 04- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WINCHESTER ROAD WIDENING PROJECT (APN 909-270-042) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent street and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The City seeks to acquire a permanent street easement and a temporary construction easement on the property commonly known as 41530 Enterprise Circle South, Temecula, and identified as Assessor's Parcel Number ("APN") 909-270-042 ("Subject Property Interests"). The term of the temporary construction easement is twelve (12) months. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, which is a public use. The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent street easement is shown on Exhibit "A" labeled "Legal Description for Street Dedication (Winchester Road)" and depicted on Exhibit "B" identified with "T:\SURVEY\2310.06\PLATS\2310PO4-1.dwg" on the bottom left corner. The legal description to the temporary construction easement is shown on Exhibit "A" labeled "Legal Description for Temporary Construction Easement' and depicted on Exhibit "B" identified with "T:\SURVEY\2310.06\PLATS\2310PO4-2.dwg" on the bottom left corner. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. This portion of the Project would widen and improve eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet). This portion of the Project would also provide dedicated turn lanes to facilitate the turning movements of vehicles without impeding through traffic. Further, this portion of the Project would construct a raised median island (approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road, to prevent left turn movements within this heavily congested section of Jefferson Avenue. Other portions of the Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road and improve the 1 R:Wgenda Reports\2004\0525\Enter Prof Bldg Reso 909-270-042 intersections of Winchester and Ynez Roads, Winchester and Margarita Roads, and Winchester Road and the 1-15. These improvements will further the public health and safety by ensuring adequate traffic circulation in this area and, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General Plan. The Project is also necessary to meet the demands of anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper of general circulation. The City sent copies of the Draft EIR to public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. 2 RAAgenda Reports\2004\0525\Enter Prof Bldg Reso 909-270-042 The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I — 2002 Scenario. At Phase I, the build -out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build -out scenario can be reduced to a less than significant level. These mitigation measures include the improvements to the intersection of Winchester Road and Jefferson Avenue proposed by this portion of the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I — 2002 and Full Build -out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the 1-15 and Winchester Road and Margarita Road. This portion of the Project includes the mitigation measures identified for the intersection of Winchester Road and Jefferson Avenue. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 01-70 but cannot be mitigated to a level of insignificance: long-term and short-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. 3 R:\Ngenda Reports\2004\0525\Enter Prof Bldg Reso 909-270-042 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. Moreover, in accordance with Public Resources Code Section 21091 and CEQA Guidelines Section 15072, the City provided Notice of Proposed Negative Declaration in connection with this portion of the Project, comprised of the proposed widening of eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet) to provide dedicated turn lanes to facilitate turning movements and the construction of a raised median island (approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road. The County Clerk posted the Notice of Proposed Negative Declaration on March 24, 2004 as required by CEQA. The City provided the required public comment period in compliance with CEQA Guidelines Section 15073. The potential environmental impacts of the improvements comprising this portion of the proposed Project, including the widening of eastbound and westbound Winchester Road, west of Jefferson Avenue (approximately 700 linear feet) to provide dedicated turn lanes to facilitate turning movements and the construction of a raised median island (approximately 900 linear feet) on Jefferson Avenue, north of Winchester Road, were studied and analyzed in connection with the Negative Declaration for the Winchester Road Widening — Environmental Assessment No. 103 Heard and approved by Minute Action Item No. 13 on April 13, 2004 and received, filed and adopted by the City Council on May 11, 2004 by Minute Action for Agenda Item No. 13. The adoption of the Negative Declaration was based on an Initial Study prepared by City staff on March 24, 2004, the Notice of Intent to Adopt the Negative Declaration, on the comments received on the Negative Declaration, and the report of the proceedings in connection with the improvements proposed by this portion of the proposed Project, and the public hearing on the Negative Declaration. By Minute Action No. 13 from the May 11, 2004, City Council meeting, the City Council further found that the Negative Declaration reflects the independent judgment of the City of Temecula as the lead agency for the environmental study. The City duly filed with the County Clerk a Notice of Determination in compliance with Public Resources Code Sections 21108 and 21152 and CEQA Guidelines Section 15075. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, and the documentation prepared in connection with Resolution No. EA 103, including the Negative Declaration, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on May 11, 2004, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by this portion of the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications, the conditions imposed as part of their approval, and the environmental findings in connection with Negative Declaration EA 103 are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. 4 R:Wgenda Reports\2004\0525\Enter Prof Bldg Reso 909-270-042 Section 6. The public use for which the City seeks to acquire the subject property interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project. Section 7. The City Council of the City of Temecula hereby finds and determines that: The public interest and necessity require the Project; A. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; B. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and C. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on May 25, 2004, including the Agenda Report dated May 25, 2004 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, 04- , Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans. The findings and declarations in this Resolution are also based upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 25th day of May 2004. ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor 5 R:\Hgenda Reports\2004\0525\Enter Prof Bldg Reso 909-270-042 [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 251" day of May, 2004, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Susan W. Jones, CMC City Clerk 6 RAAgenda Reports\2004\0525\Enter Prof Bldg Reso 909-270-042 EXHIBIT 'A' LEGAL DESCRIPTION FOR STREET DEDICATION (WINCHESTER ROAD) BEING A PORTION OF PARCEL 1, OF PARCEL MAP NO. 22775, IN THE CITY OF TEMEC- ULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 155, PAGES 56 THROUGH 57 INCLUSIVE, RECORDED FEBRUARY 24, 1989 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE NORTHWESTERLY LINE THEREOF 1. SOUTH 48008'33" WEST 200.50 FEET TO AN ANGLE POINT ON SAID NORTH- WESTERLY LINE; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL 1 2. SOUTH 04021'41" WEST 33.24 FEET 3. SOUTHEASTERLY 16.83 FEET 4. NORTH 04021'41" EAST 40.23 FEET; 5. NORTH 48008'33" EAST 194.73 FEET 6. NORTH 37020'37" WEST 12.04 FEET TO THE BEGINNING OF A NON - TANGENT 639.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 48008'33" EAST; THENCE ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 1 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1030'34"; THENCE DEPARTING SAID SOUTHWESTERLY BOUNDARY THENCE TO A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNING. CONTAINS 2,811 SQUARE FEET OR 0.065 ACRE, MORE OR LESS. A. NG 161-0 3 SCOTT HURST DATE U O L.S. 7178 hu.7178 1 EXPIRATION DATE 12/31/2003 RAW PlLegaUWW310-Pod-RW.DOC c`�LPFOg����f PAGE 1 OF 1 VICINITY MAP NO SCALE N „ 1 AN EXHIBIT "B"/ yA�oan Ce ///IJ / �\ 1 A e/ / / / , / L / d�130'y \L-16.83�j\I LEGEND c INDICATES RIGHT-OF-WAY ACQUISITION AREA: 0.065 AC. \<� 2811 S.F. POB POINT OF BEGINNING QAN EASEMENT FOR MAINTENANCE OF LANDSCAPING PER INST. Na 288710 REC 12123185. AN 8' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY FOR UNDERGROUND ELECTRICAL SUPPLY SYSTEMS AND COMMUNICATION SYSTEMS PER INST. NO. 149588 REC. 512818Z QAN 10' WOE EASEMENT IN FAVOR OF RANCHO CALIFORNIA WATER DISTRICT FOR PIPELINES AND STRUCTURES AND INCIDENTAL APPURTENANCES PER INST. NO.. 366923 REC. 08/16/99. / ail N / w J 1 U N i S o LAND A . A0 y � . * N0. 7178 Exp. 12-31-03 gTFOF / CA1.1F�� SCOTT A. HURST L.S 7178 DATE REGISTRATION EXPIRES 1213110J T:\SURVEY\2310.06\PLATS\2310PO4-1.dwg Mnv 1F. ?M4 —i 7:19nrn APN 909-270-042 LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF PARCEL 1, OF PARCEL MAP NO. 22775, IN THE CITY OF TEMEC- ULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 155, PAGES 56 THROUGH 57 INCLUSIVE, RECORDED FEBRUARY 24, 1989 MORE PARTICULARLY DESCRIBED AS THE FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE NORTHEASTERLY LINE THEREOF 1. SOUTH 37020'37" EAST 12.04 FEET TO THE TRUE POINT OF BEGINNING ; THENCE DEPARTING SAID NORTHEAST- ERLY LINE 2. SOUTH 48008'33" WEST 194.73 FEET; THENCE 3. SOUTH 04021'41" WEST 28.91 FEET; THENCE 4. NORTH 48008'33" EAST 214.02 FEET TO A POINT ON SAID NORTHEASTERLY LINE; THENCE ALONG SAID NORT H- EASTERLY LINE 5. NORTH 37020'37" WEST 20.06 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 4,088 SQUARE FEET OR 0.094 ACRE, MORE OR LESS. yAND S� � A. U co O a No. 7178 LIFOR�/� 'ry SCOTT HURST DATE L.S. 7178 EXPIRATION DATE 12/31/2003 PAGE 1 OF 1 RAWP4eg U30012310-PO4-TCEDOC EXHIBIT "B" 15 /� NLu VICINITY MAP �55 / NO SCALE PG 15 ttO6 L LEGEND � INDICATES TEMPORARY ^ CONSTRUCTION EASEMENT AREA: 0.094 AC. OR 4088 S.F. POC POINT OF COMMENCEMENT jP08 TRUE POINT OF BEGINNING Q AN EASEMENT FOR MAINTENANCE OF LANDSCAPING PER INST, NO.. 288710 REC, 12123185. Q AN 8' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY FOR UNDERGROUND ELECTRICAL SUPPLY SYSTEMS AND COMMUNICATION SYSTEMS PER INST. NO.. 14958.6 REC. 512818Z QAN 10' WIDE EASEMENT IN FAVOR OF RANCHO CALIFORNIA WATER DISTRICT FOR PIPELINES AND STRUCTURES AND INCIDENTAL APPURTENANCES PER INST. NO.. 366923 REC. 08116199. A . �` c� PP a * NO. 7178 Exp. 12-31-03 OF CA0F���\p SCOTT A. HURST L.S. 7178 DATE REGISTRATION EXPIRES 121JI103 \JUK VL7\d J1U.Ub\F'LA IJ\LSIUf U4-2.dWg ITEM 35 CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECUL4 AGENDA REPORT TO: Ity Manager/City Council FROM: ' W illiam G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Winchester Road Widening at Jefferson Intersection, Project No. PW00-27 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids PREPARED BY: Amer Attar, Principal Engineer Ward B. Maxwell, Associate Engineer RECOMMENDATION: That the City Council approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Winchester Road Widening at Jefferson Intersection (Jefferson Medians), Project No. PW00-27. BACKGROUND: The improvements along Winchester Road will include street widening from Jefferson Avenue to Enterprise Circle North and South, modification of the existing median, retaining walls, commercial driveway approaches, curb and gutter, and landscaping. The improvements along Jefferson Avenue will include; widening southbound Jefferson from Winchester Road 400 feet to the north, construction of approximately 900 feet of raised medians, commercial driveway approaches, curb and gutter, and landscaping. The project will also include utility relocations, signing & striping, and traffic signal modifications. The proposed construction will provide a dual left turn pocket from eastbound Winchester Road to northbound Jefferson Avenue, along with an additional through lane for eastbound traffic. In addition, the work on Jefferson Avenue will provide a dual left turn pocket for southbound Jefferson Avenue traffic to eastbound Winchester Road. These improvements will increase the efficiency of the intersection and provide for safer turning movements on Jefferson Avenue. The specifications and contract documents have been completed and the project is ready to be advertised for construction bids. The contract document is available for review in the City Engineers office. The Engineer's Construction Estimate for this project is $1,118,000. FISCAL IMPACT: The Winchester Road Widening Project is a Capital Improvement Program Project and funded with Development Impact Fees -Public Facilities, and Capital Project Reserves. ATTACHMENTS: Location Map Project Description RM.GENDA REPORT$12004\062204TW00-27 BID.DOC w a =/ 0 F O c 4) d a o g g o O• ..+ oo r � h � (A 69 69 (A fA 00 00 r 0 N 0 0 N b 0 tn 0 N 4 N 00 O O O C V 0 0 0 V M O N N h N 'r 99 69 H9 Q% V% 0 0 0 0 0 v d b rn g cn M N � y Q r O ca va vi 6% s% U 0 c 2] � 0 °J a w `o u 0 (19 (1 b 0 ITEM 36 APPROVAL CITY ATTORNEI DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/Ci C��ncil FROM: Debbie UbnoskDirector of Planning DATE: June 22, 2004 SUBJECT: Chaparral Area Interim Policy PREPARED BY: David Hogan, Principal Planner RECOMMENDATION: The Planning Commission recommends that the City Council adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN INTERIM POLICY GUIDING DEVELOPMENT IN THE CHAPARRAL AREA BACKGROUND: The Chaparral Special Study Area was first identified in the City's General Plan in the early 1990's. The Chaparral Area is characterized by hillsides and dry washes with a varied pattern of development and a wide range of lot sizes. To create a sensitive pattern of development and a land use transition with larger lots to the south, the General Plan established a series of standards for development in this area. The current General Plan envisions a range of lot sizes from a '/2 acre in level areas with infrastructure to 1% acres adjacent to Santiago Road. The sensitivity areas used in the General Plan to determine final allowable densities are areas with steep slopes, natural drainage courses, and/or sensitive biologic resources. An excerpt from the Community Design Element on the Chaparral Area is contained in Attachment No. 2. A map of the Chaparral Area is contained in Attachment No. 3. In the process of updating its General Plan, the City has had to wait for the County of Riverside to rectify major inconsistencies within its own General Plan. These delays have created application processing challenges for the City. Some of these pressing challenges facing the City are in the Chaparral Area which is located between Pauba and Santiago Roads, and Ynez and Margarita Roads. This proposed Interim Policy was developed in conjunction with an ad hoc City Council Subcommittee and the General Plan Community Advisory Committee (CAC). On March 23, 2004, the City Council reviewed the policy direction received from the Subcommittee and the Community Advisory Committee and referred the matter to the Planning Commission for a formal recommendation. At that meeting, the Council had questions on who would construct and/or maintain the trails that are proposed to run through this area and who R:\General Plan\Comp Plan Update\Staff Report Interim Chaparral Policy CC2.doc would be responsible for the potential liability. The Interim Policy was presented to, and approved by, the Planning Commission on April 21, 2004. The proposed Interim Policy would: Limit the gross density in the Chaparral Area to one dwelling unit per acre, except for the tier of lots adjacent to Ynez Road where a density of two dwelling units per acre is more appropriate. 2. Retain a one unit per acre density but allow half -acre sized lots to help preserve sensitive open space and habitat areas. 3. Require that all future developments provide right-of-way for citywide trail network where appropriate. After the Planning Commission meeting, staff met with the Ad Hoc City Council Subcommittee composed of Mayor Naggar and Councilmember Comerchero to further discuss potential trail connections. As a result of this meeting, staff has met with several property owners in the Chaparral area and has identified a potential additional trail location. This supplemental trail would be located within an easement previously granted by Tract Map 25892, within the open space area proposed as part of Tentative Tract Map No. 30434, and in an easement proposed through the lots along the north side of Tract Map 23513. The locations are shown on Exhibit No. 4. The developer of Tract 30343 has expressed an interest in this alignment as have the current owners of Tract 23513. It is expected that the developer of these two tracts will build these facilities. When the trail is constructed to Community Service District (CSD) standards, the CSD will take over the maintenance and liability for the facility. Copies of their letters supporting this proposal are contained in Exhibit No. 5. The updated General Plan that is currently under development is proposing to create a standard for a Limited Secondary Arterial Roadway. This roadway design would fit within a standard 88- foot Secondary Arterial right-of-way. However, instead of two lanes in each direction, the Limited Secondary would consist of only one lane in each direction, would not have curbs or gutters, a nd would i nclude a separated trail a long o ne side. The d raft General P Ian will be proposing that this segment of Santiago Road be designated as a Limited Secondary Arterial. As shown in Exhibit No. 4, this trail will combine with the Master Plan and Supplemental Trails to create a very desirable trail network in this area. The interim policy represents an elaboration of the policy direction in the existing General Plan, will not allow residential densities beyond what is currently allowed, does not modify the adopted Circulation Map, maintains the current trails planned through the area, and can assist in setting aside permanent open space consistent with the Chaparral Special Study Area requirements. The Planning Commission is recommending that the Council make a determination of consistency with the previously Certified Final Environmental Impact Report for the General Plan. FISCAL IMPACT: The adoption of this interim policy will have no fiscal impacts. FA I Us] ;IM41-Li —3 1. Proposed Council Resolution 2. Current General Plan discussion for the Chaparral Area 3. Map of the Chaparral Area 4. Conceptual Trail Location 5. Property Owner Letters R:\General Plan\Comp Plan Update\Staff Report Interim Chaparral Policy CC2.doc ATTACHMENT NO. 1 DRAFT COUNCIL RESOLUTION RAGeneral Plan\Comp Plan Update\Staff Report Interim Chaparral Policy CC2.doc RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN INTERIM POLICY GUIDING DEVELOPMENT IN THE CHAPARRAL AREA WHEREAS, Section 65300 of the Government Code (State Planning and Zoning Law) requires that local agencies adopt a General Plan; WHEREAS, the City Council of the City of Temecula adopted the General Plan on November 1993; WHEREAS, the adopted General Plan contained special design and density provisions for the Chaparral Special Study Area that is generally bordered by Pauba Road on the north, Margarita Road to the east, Santiago Road to the south, and Ynez Road to the west; WHEREAS, the City of Temecula is currently in the process of updating its General Plan; WHEREAS, the City has recently received several applications for subdivision maps and zone changes in the Chaparral Area; WHEREAS, the City Council has requested that staff work with member of the City Council and the Community Advisory Committee to develop an interim policy concerning development in the Chaparral Area; WHEREAS, the draft policy was presented to the City Council on March 23, 2004 and the matter was referred to the Planning Commission for their consideration; WHEREAS, the Planning Commission, at a regular meeting, considered the Interim Chaparral Area Policy on April 21, 2004, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or opposition to this matter; WHEREAS, the Planning Commission, at the April 21, 2004 meeting, considered the Interim Chaparral Area Policy and recommended that the City Council adopt a resolution approving the Interim Policy; and WHEREAS, the City Council, at a regular meeting, considered the Interim Chaparral Area Policy on June 22, 2004, as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; NOW, THEREFORE, BE IT RESOLVED that the City Council: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. RAGeneral Plan\Comp Plan Update\Staff Report Interim Chaparral Policy CC2.doc Section 2. Interim Policy. The City Council hereby adopts the following Interim Policy for Development in the Chaparral Area to further guide development activity in this area. This policy shall remain in effect until the adoption of the updated Community Design Element of the General Plan. A. The gross density in the Chaparral Area shall be one dwelling unit per acre, except for the tier of lots adjacent to and approximately seven hundred feet east of Ynez Road, where two dwelling units per acre may be allowed. B. In areas with one unit per acre gross density, half -acre (20,000 square feet) lots may be allowed when the remaining property is set aside and preserved for open space and habitat purposes. All project approvals shall include conditions of approval and requirements to ensure the long term protection and maintenance of these open space and habitat areas. C. In areas with two units per acre gross density, project shall incorporate and support, to the maximum extent feasible, an internal road network intended to minimize internal vehicle trips using, and vehicular turning movement conflicts along, Ynez Road. D. As part of the design review process, all future developments shall provide trail right-of-way dedications and/or easements for, as well as construct or agree to fund the future construction of, the approved citywide trail network in and adjacent to particular development project. E. All the other requirements for the Chaparral Area shall continue to apply. Section 3. Sunset Provision. This interim policy shall remain in effect until the effective date of the revised and updated General Plan that is currently being prepared. Section 4. Environmental Compliance. The Interim Policy is consistent with the previously certified FEIR for the following reasons: the interim policy represents an elaboration of the policy direction in the existing General Plan, the interim policy will not allow residential densities beyond what is currently allowed, interim policy does not modify the adopted Circulation Map, the interim policy maintains the current trails planned through the area, and the interim policy provides another mechanism to set aside permanent open space consistent with the Chaparral Special Study Area and other requirements in the adopted General Plan. The City Council hereby determines that no additional environmental review is required for the adoption of this policy because the Interim Policy is consistent with the requirements in the existing General Plan and the previously Certified Final Environmental Impact Report (FEIR) for the November 1993 General Plan. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this _ day of 2004. Michael S. Naggar, Mayor ATTEST: RAGeneral Plan\Comp Plan Update\Staff Report Interim Chaparral Policy CC2.doc Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the _ day of , 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\General Plan\Comp Plan Update\Staff Report Interim Chaparral Policy CC2.doc ATTACHMENT NO. 2 GENERAL PLAN EXCERPTS RAGeneral Plan\Comp Plan Update\Staff Report Interim Chaparral Policy CC2.doc Excerpt of the Community Design Element "Chaparral Area The Chaparral Area is characterized by moderately sloped hillsides above dry washbeds. Existing development consists of segmented lot patterns of varying sizes. This area provides an opportunity to transition down from the larger lots found in the Los Ranchitos and Santiago Estates areas to the south and west. Special development considerations are necessary to assure development does not exceed the carrying capacity of the area, while still providing appropriate transition of density. The methods identified below should be refined and incorporated within the Development Code and other regulations and ordinances. Constraint Areas are recognized as having the following characteristics a. Areas with natural slopes of 25% or greater. b. Areas within natural drainage courses. C. Areas with sensitive biological resources as identified or referenced in the General Plan or site specific study. Encroachment of grading, construction or surface alteration activities (including leach fields) shall not exceed 15% of the Constraint Area. Notwithstanding this guideline, said activities shall be avoided unless specific mitigations can be implemented to reduce potential impacts to a level of insignificance. 2. Proposed building pads, driveways and septic -leach field locations shall be shown on the tentative map. 3. A written statement (Form SAN 53) from the Health Officer of Riverside County Department of Environmental Health shall be provided stating the type of sewage disposal that will be permitted for the proposed lots. 4. All drainage areas will remain natural (no undergrounding or placement in v-ditches). Use of energy dissipators, retention basins or desilting basins, will be permitted as deemed necessary by the Director of Public Works. 5. Joint access and driveways shall be required to the greatest extent possible to reduce impacts. 6. Residences should be designed using alternative foundation techniques to maintain the existing topography to the greatest extent possible. Rather than using extensive grading to create flat building areas, stepped and pier and beam foundations shall be encouraged. Retaining walls interior to the structure are encouraged over stem walls along the exterior face of the structure. RAGeneral Plan\Comp Plan Update\Staff Report Interim Chaparral Policy CC2.doc 7. No graded slopes shall exceed a 2:1 gradient. The maximum vertical height of graded slopes over a 3:1 gradient shall be 10 feet. 8. Where grading occurs, finished slopes should be contoured with land form grading, rather than a formal engineered look. 9. Retaining walls shall be discouraged to the greatest extent possible, particularly between a structure and the public view. Crib walls or similar structures, shall be used in -lieu of retaining walls when possible and planted with appropriate shrubs and vines. Where retaining walls are used and visible from the public view, the wall shall be colored block or color coated to match the natural earth tone of the area or planted with appropriate vines. 10. To assure a better transition from adjacent areas, lots adjacent to Santiago Road shall have a minimum lot size of 1.75 acres. 11. Roadways and driveways shall be limited to a maximum grade of 151/b. The Land Use Element designates the Chaparral Area as Low Residential, however, much of the Chaparral Area is inappropriate for development of half - acre lots. The Development Code will implement the Low Residential designation through two zoning districts. These districts will have different development standards, such as half -acre and one -acre minimum lot sizes. Based upon the above policies, it can be anticipated that much of the Chaparral Area will be zoned for the larger one -acre lot sizes." R:\General Plan\Comp Plan Update\Staff Report Interim Chaparral Policy CC2.doc ATTACHMENT NO. 3 MAP OF THE CHAPARRAL SPECIAL STUDY AREA RAGeneral Plan\Comp Plan Update\Staff Report Interim Chaparral Policy CC2.doc ATTACHMENT NO.4 CONCEPTUAL TRAIL LOCATION RAGeneral Plan\Comp Plan Update\Staff Report Interim Chaparral Policy CC2.doc ATTACHMENT NO. 5 PROPERTY OWNER LETTERS RAGeneral Plan\Comp Plan Update\Staff Report Interim Chaparral Policy CC2.doc 4 WOODBRIDGE DEVELOPMENT Homes of Distinction Ms. Debbie Ubnoske Director of Community Development City of Temecula 43200 Business Park Drive Temecula, California 92589-9033 Re: Recorded Subdivision Map 423515 — 11 lots Tentative Parcel Map #29466 — 4 lots Dear Debbie: Subsequent to our recent meeting, Woodbridge Homes, as the owner of the subject property, will agree to incorporate an easement for trail purposes into the plans for our fifteen lot development. My understanding is that the trail will be used for equestrian and hiking purposes, be approximately 8' to 10' wide and be aligned along the northern boundary of our property. If you have any questions, please feel free to call. Sincerely, Todd S. Cunningham President Woodbridge Homes 27285 Las Ramblas -Suite 230 • Mission Viejo -CA 92691-6325 . 949-348-8162 -Fax 949-348-8163 • www.woodbridgehomes.com M 0 ]VIG June 15, 2004 Debbie Ubnoske City of Temecula 43200 Business Park Drive Temecula, CA 92589 Subject: Tentative Tract Map 30434 Trail Easement #1103 - Paine Dear Debbie, On behalf of our client Noel Paine, we will agree to build a trail along the drainage course, within our Open Space. Please call should you have any questions or need further clarification on this matter. Sincerely, 7rryMaDevelo ent Management Group arkham President c: C. Way, Seaway Properties 41635 Enterprise Ckle Nath, Suite B Temecula, CA 92590.5614 296-3466 DEPARTMENTAL REPORTS APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council % FROM: Jim Domenoe, Chief of Policel �i DATE: June 22, 2004 v SUBJECT: Monthly Departmental Report The following report reflects special teams, traffic enforcement and miscellaneous activity occurring during May 2004. The Police Department responded to 49 "priority one" calls for service during the month of May, with an average response time of approximately 5.2 minutes. A total of 4,549 calls for police service were generated in the City of Temecula during the month. During May, the Temecula Police Department's Town Center Storefront closed and merged its operations with the Old Town Storefront. The Old Town Storefront served a total of 297 customers. Seventy-six sets of fingerprints were taken, 33 people filed police reports and seven people had citations signed off. Crime Prevention Officer Lynn Fanene participated in a number of special events, neighborhood watch and community -oriented programs during the month. He also coordinated requests for patrol ride-alongs and conducted police station tours. Additionally, he continued to provide residential and business security surveys/visits and past crime follow-up. Officer Fanene also continued to process City Planning Department submissions of site plans/conditions. During May, the POP Teams continued their problem oriented policing approach of areas within the community and made numerous arrests, including three felony arrests and three misdemeanor arrests for various crimes. The function of the POP Teams is to address situations that typically require extended enforcement action or certain expertise in order to solve an on -going problem within a neighborhood. The traffic team reported that during the month of May there were 1126 citations issued for hazardous violations, 67 citations were issued for non -hazardous violations and 90 parking citations were issued. During the month there were nine injury traffic collisions, 55 non -injury collisions were reported and 20 drivers were arrested for DUI. In other citation summary information, the Neighborhood Enforcement Team (NET) program resulted in 201 citations being issued. This program addresses traffic concerns in residential neighborhoods with a dedicated motor officer. The SLAP program (Stop Light Abuse Program) resulted in 291 citations being issued during May. Monthly Departmental Report — Police Department During the month of May, the POP officers assigned to the Promenade Mall handled a total of 70 calls for service. The majority of these calls were for shoplifting investigations. During the month, calls and on -sight activity resulted in the criminal arrest and filings on 18 misdemeanor cases. Officers McElvain and Rahn continued to provide training to security staff during the month. The mall officers continued to work to prevent vehicle theft and vehicle burglaries. There were three vehicle thefts and three vehicle burglaries reported during the month of May at the mall. Our five school resource officers have remained active during May. The school resource officers conducted many counseling sessions with students. A total of 61 investigations/reports were conducted/written by the school resource officers during May. The school resource officers made felony arrests for robbery and child endangering, and misdemeanor arrests for possession of marijuana. School Resource Officer Rick Robles coordinated the Every15 Minutes Program, that was held at the Chaparral High School on May 261n and 27tn. The program was a huge success and student attendance was estimated at 2,100. The event drives home the point to all involved that in this country, someone is killed every 15 minutes because of an alcohol related traffic collision. As part of this program, a traffic collision is staged for the students. Actors and emergency responders make the staged collision and its consequences more real for the student audience. Comments made by school staff at the high school were that this event was by far the best they had ever witnessed. The timing of this event is set to coincide with the high school prom and grad night activities, and is a reminder to students to use caution and good judgment while driving. The YAT program (Youth Accountability Team) continues to be a success in part through its Youth Court program. Officer Michelle Medeiros conducted the 133rd Youth Court session. The YAT officer assisted at other schools when needed and conducted follow-ups with parents of juveniles in the program. Officer Medeiros also worked with "at risk" juveniles throughout the month and also conducted counseling sessions with their parents. She assisted the Riverside County District Attorney's Office and Probation Department by providing training during home visits with incorrigible/at risk juveniles during the month of May. Officer Medeiros is currently carrying a caseload of about 30 at -risk juveniles, and cited seven minors for the daytime loitering ordinance. May was a transitional time for the Special Enforcement Team (SET Team), consisting of Officers Jeff Fisher and James Kaffka. Officers Jon Wade and Gary Lee transferred off the team and the new officers spent much of the month training and setting up their enforcement activities. The SET Team made three felony and three misdemeanor arrests, primarily for narcotics violations. Officers Kaffka and Fisher assisted in the service of one search warrant during May. Volunteers from the community continue to be an integral part of the Temecula Police Department's staff. Under the guidance of volunteer coordinator Officer Jennifer Wagner and assistant coordinator Gayle Gerrish, the Police Department's volunteer staff contributed 403 hours of service in May. Volunteer assignments include computer data input, logistics support, special event assistance and telephone answering duties. Community Action Patrol (CAP) Program volunteers have continued their activities, patrolling the city for graffiti, conducting vacation residential checks and assisting patrol with special logistical needs and special events. Other duties these volunteers attend to are business checks and abandoned vehicles and traffic control. The goal of the program is high visibility, which prevents crime from occurring. CAP Team members contributed 219 hours of service to the community during the month of May. The reserve officer program and mounted posse are additional valuable volunteer resources Monthly Departmental Report — Police Department 2 available to the police department. The police department utilizes reserve officers to assist with patrol, traffic enforcement, crime prevention and a variety of special functions. Reserve police officers worked a total of 73 hours specifically on patrol in Temecula during May. The Temecula Citizen Corps Program continued to make good progress during the month of May. The executive body, or the TCC Council, continued to hold their bi-weekly meetings at Station 84. The council is comprised of representatives from the police and fire departments, the City, local business, the Temecula Valley Unified School District, the American Red Cross, and a local citizen. Almost all of the volunteer leadership positions have now been filled, and the program is progressing well toward meeting the goals provided by members of the city council. Recruitment continues and the organization's administrative and operational policies have been formalized and distributed. TCC volunteer members participated in a mock disaster drill at the Promenade Mall on Saturday, May 22no. This mock drill provided an opportunity for the leadership of the TCC, in conjunction with the volunteer members, to put into practice the training they have been receiving over the past few months. Volunteer members utilized their training and equipment to mitigate and manage the various mock scenarios they encountered in the disaster drill at the mall. Additionally, on May 26tn the TCC participated in the City's disaster drill on May 26, 2004. The City's emergency communicator system was put into effect, and members of the Temecula Citizen Corps were notified of the mock disaster and the need to respond accordingly. This drill tested the City's ability to integrate the TCC into the overall emergency management plan. The results were good, and the TCC continues to develop nicely, with boosted recruitment and training efforts. Monthly Departmental Report — Police Department APPROVAL CITYATTORNEY `& DIRECTOR OF FINA CE CITY MANAGE CITY OF TEMECULA AGENDA REPORT TO: City Manager/Ch Co4ncil FROM: Debbie Ubnos Director of Planning DATE: June 22, 2004 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of May, 2004. CURRENT PLANNING ACTIVITIES New Cases The Division received 62 new applications for administrative, other minor cases, and home occupations and 6 applications for public hearings during the month of May. The new public hearing cases are as follows: PARCEL MAP MINOR CONDITIONAL USE PERMIT GENERAL PLAN AMENDMENT ZONING AMENDMENT DEVELOPMENT PLAN Status of Manor Projects Recently Approved Projects Roick Drive Business Park —A Development Plan to construct two commercial buildings totaling 25,618 square feet on 3.64 acres, located on the north side of Roick Drive, approximately 500 feet west of Winchester Road. Landan Construction Company submitted the application on October 13, 2003. A DRC meeting with the applicant was held on November 20, 2003 to discuss site design issues. The project was approved at the June 2, 2004 Planning Commission Hearing. (PA03-0582 — FISK) • Temecula Highlands —A Development Plan to construct a 30,514 square foot office building on 1.4 acres located on the south side of County Center Drive, approximately 1,500 feet east of Ynez Road (APN 910-110-045). RAM0NTHLY.RPT\2004\5-2004 Report.doc Mc Ardle Associates submitted the application for the Garrett Group of Temecula on August 13, 2003. A DRC meeting was held for the project on September 11, 2003. The project was approved at the April 21, 2004 Planning Commission Hearing. (PA03-0443 — FISK) Cingular Wireless — A Conditional Use Permit to construct, operate, establish and maintain a wireless telecommunications facility with 3 antennas housed within the bulb portion of a 45-foot artificial mono -palm tree located at 31575 Enfield Lane, east of Riverton Lane and north of Humboldt Court. The project was deemed incomplete in February 5, 2003. An Environmental Assessment is required per CEQA. Staff requested additional studies in order to complete the assessment and is completing an Initial Study. Staff has received revised plans that have been determined to be an acceptable design and has completed an initial study. Staff is currently preparing a staff report and conditions of approval. The project was approved at the April 21, 2004 Planning Commission Hearing. An appeal of the approval was filed by Valesta Ayer on May 5, 2004. (PA02-0717 — FISK) Projects Under Review Commercial Palmilla Plaza Medical Office Building — A Development Plan to construct a single -story speculative medical office building on a .72-acre site, located at 29748 Rancho California Road within the existing Palmilla Plaza. The application was submitted on August 20, 2003. A DRC meeting was held on September 18, 2003. The applicant submitted revised plans on February 10, 2004. A second DRC Meeting was held on March 11, 2004. Revised Plans were submitted on April 5. Staff has provided a third DRC letter to the applicant and is awaiting revised plans. (PA03-0464 — HARRIS) • Butterfield Square —A Development Plan to redevelop Butterfield Square in Old town, resulting in four two-story buildings totaling 22,048 square feet on 0.56 acres located on the southeast corner of Old Town Front Street and Third Street. The Applicant submitted plans on March 31, 2004. A DRC meeting is scheduled for June 10, 2004. (PA04-0231 — FISK) Meadows Village — A Development Plan, Vesting Tentative Parcel Map and two Conditional Use Permits (drive-thru and alcoholic beverage sales) to construct an 80,677 square foot commercial center consisting of seven buildings on 9.77 acres located on the southeast corner of Meadows Parkway and Rancho California Road. The applicant submitted plans on March 22, 2004 and staff is currently reviewing the proposed project. A neighborhood meeting was held on June 3, 2004. (PA04-0200, PA04-0201, PA04-0202, and PA04-0203 — FISK) Church of Jesus Christ of Latter Day Saints — A Conditional Use Permit/Development Plan to construct and operate a 24,119 square foot single story church located on the north side of Pauba Road, approximately 170 linear feet west of the centerline of Corte Villoso. The project was approved by the Planning Commission at the May 191h Planning Commission hearing. An appeal of the approval was filed by the "Homeowners of Temecula" on June 2, 2004. (PA03- 027 — HARRIS) • Creekside Plaza Circle K/Unocal —An Administrative Development Plan to construct, establish and operate a service station, full service car wash and retail store within the Creekside Plaza Shopping Center. The subject property is located at the southeast corner of State Hwy 79 S. and Pechanga Parkway. RAMONTHLV.RPTT2004\5-2004 Report.doc The application was submitted on March 31, 2004. The DRC meeting was held on June 3, 2004. The applicant is requesting another meeting to discuss design issues before the DRC letter is sent out. (PA04 - 0232 — CLARY) Creekside Plaza Pads 4 & 5 — An Administrative Development Plan to construct, establish and operate two commercial buildings of 5,600 and 9,600 square feet respectively. The subject site is located at the southwest corner of State Hwy 79 S. and Pechanga Parkway. The application was submitted on March 12, 2004. The DRC meeting was held on June 3, 2004. The DRC comment letter will be sent out on June 9, 2004. (PA04 - 0170 — CLARY) Ridge Park Office Building —A Development Plan to construct an 18,981 square foot three-story office building on 1.01 acres. The subject property is located on Ridge Park Drive, south of Rancho California Road. The application was submitted on September 18, 2003. A DRC meeting was held on October 16, 2003. Revised plans have been submitted. A DRC meeting took place on January 29, 2004. A letter was sent out January 30, 2004. The applicant submitted revised plans on March 16, 2004. This project was approved by the Planning Commission on May 19, 2004. (PA03 - 0534 — LONG) Roripaugh Town Center — A Development Plan to design and construct approximately 171,200 square feet of commercial development, which include four major tenant buildings, six smaller freestanding buildings and inline shops on 20.2 acres. The project is located on the northeast corner of Nicholas Road and Winchester Road. Matthew Fagan Consulting Services submitted the application on July 24, 2003. A DRC meeting was held September 4, 2003. The project was resubmitted on November 12, 2003. Staff has reviewed the revised plans and. at this time, the applicant has not complied with most of staff's initial comments, including: site layout, elevations, and pedestrian circulation. A Planning Commission subcommittee and Staff met with the applicant on March 29, 2004 to discuss the project. Staff sent a letter to the applicant on April 6, 2004, summarizing the issue's raised at the March 29, 2004 meeting. No change in status as of June 7, 2004.(PA02-0364 — LONG) • Margarita Square — a Development Plan to construct an 11,274 square foot commercial building on 1.60 acres located at the northeast corner of Highway 79 South and Margarita Road. The applicant submitted plans on March 17, 2004 and staff is currently reviewing the proposed project. A DRC meeting is scheduled for July 15, 2004.(PA04 — 0190 - FISK) Rainbow Canyon Del Taco — An Administrative Development Plan to construct, establish and operate a 2,260 square foot drive-thru restaurant on .69 acres. The subject property is located at the southeast corner of Highway 79 and Pechanga Parkway. The project was submitted on January 29, 2004. A Pre-DRC Meeting was held on February 24, 2004. Staff continues to work with the applicant regarding building design options. (PA04 - 0057 — HARRIS) Building B at Vail Ranch — A Development Plan to construct a 6,500 square foot single -story office/restaurant building on a 1.03 acre site located at the southwest corner of Highway 79 and Mahlon Vail Road. Planning comments were submitted to applicant on Februay 11, 2004. Staff met with the applicant on March 1, 2004 to discuss site layout and design issues. The applicant submitted revised plans on March 15, 2004. This project went to Director's Hearing on May 27, 2004 and the project was continued to the June 10, 2004 Director's Hearing. (PA03 - 0709 — LONG) RAMONTHLY.RPTT2004\5-2004 Report.doc • Beacon Lounge — An Administrative Development Plan to construct a 550 square foot fenced outdoor smoking/seating area in association with an existing lounge located at 27725 Jefferson Avenue, Suites 101 and 102 north of Via Montezuma. DRC was held on March 4, 2004. The project was resubmitted on March 25, 2004. Staff has landscaping issues that are unresolved. This has been scheduled for a Planning Commission hearing on June 16, 2004. (PA03 - 0717 — PAPP) Schafer Building — A Development Plan to construct an 8,000 square foot office building on .98 acres located on the west side of Margarita Road, approximately 1000 feet north of Overland Drive. The project was submitted on February 24, 2004. A DRC meeting was held April 1, 2004. Staff sent a letter summarizing comments on April 2, 2004. The applicant resubmitted revised plans on April 22, 2004. Staff continues to have concerns with the architecture. Staff is currently working with applicant regarding the revised architecture. (PA04 - 0112 — LONG) Exxon — A request for a Minor Conditional Use Permit for the sale of beer and wine from an existing building located at 4520 Bedford Court. The application was submitted on October 23, 2003. Staff initially requested that the applicant withdraw the application due to the project site's proximity to a church on La Paz Street. Upon a department policy change in the method for measuring the distance from a site selling alcohol to churches, schools and public parks, staff informed the applicant would be reviewed further. Staff will be preparing a staff report and conditions of approval shortly. Staff expects to schedule the application for an August Planning Commission hearing. (PA03-0609 — FISK) • Big Horse Feed — A Development Plan to construct an 8,000 square foot shade structure/hay barn located at 33320 Highway 79S. A DRC was held on April 8, 2004. Approval of the project is pending a Fire Department proposed amendment to the fire code to exempt agricultural buildings from the requirement to sprinkler the structure. (PA 04-0090 — PAPP) • Temecula Creek Village Sign Program — A comprehensive sign program for the 'village" commercial portion of this multi -use project located at 79 S. and Jedediah Smith Road was submitted on March 25, 2004. This item has been scheduled for a Planning Commission hearingon June 16, 2004. (PA04 - 0215 — PAPP) Regency Commercial — A Development Plan for a 12,407 square foot multi -tenant commercial building on 1.87 acres, located at 42079 Roick Drive. This application was submitted on July 1, 2003. A DRC meeting was held on July 31, 2003 and a letter was sent to the applicant on August 4, 2003. Staff received no response from the applicant and a follow up letter was sentto the applicant on September 2, 2003.On May 4, 2004 staff contacted the applicant via telephone and was told that a new architect was hired and a resubmittal was forthcoming. Staff is still awaiting resubmittal and will be sending a 30-day letter to the applicant on June 4, 2004. (PA03- 0359 — KITZEROW) Subdivisions • Gallatin Parcel Map — A request to subdivide 2.89 acres into three lots with a minimum lot size of .92 acres located on the northeast corner of Margarita Road and DePortola Road. Gallatin Dental Group submitted the project on February 3, 2004. The project wentto DRC on March 11, 2004. Staff is currently waiting for revised plans. No change as of June 7, 2004. (PA04-0074 — LONG) R:\M0NTHLY.RPT\2004\5-2004 Report.doc • Seraphina Tract Map 32346 — A request to subdivide 28.6 acres into 67 lots with a minimum lot size of 7,200 square feet located on the north side of Nicolas Road. The project was submitted on March 16, 2004. The DRC letter was sent on April 20, 2004. The applicant submitted a draft plot plan via email for staff's review on June 2, 2004. Staff is reviewing the draft plot plan... (PA 04-0178- CLARY) • W inCo Foods — A request for a Conditional Use Permit and findings of Public Convenience or Necessity for the sale of beer, wine and spirits from an existing building located at 40435 Winchester Road. ( Old Costco building). The application was submitted on April 23, 2004 and staff is currently reviewing the application. (PA04-0299 — FISK) • Chaparral Map — A Tentative Parcel Map with waiver to consolidate and parcelize lots totaling 2.42 acres to follow existing building, parking lot and street divisions of the existing parcels. This application was submitted on February 23, 2004. A letter was mailed to the applicant on May 5, 2004 explaining resubmittal requirements. The application was resubmitted on June 4, 2004 and staff is currently reviewing. (PA04-0109 & PA04-0110-KITZEROW) • Overland Commercial — A Tentative Parcel Map to subdivide a 5.19 acre parcel into three commercial parcels with a minimum lot size of 1.17 acres, located at the southeast corner of Overland Drive and Ynez Road. A Development Plan for two restaurants and an office/commercial building was previously approved for this site, and the proposed Parcel Map is for financing purposes. This item is scheduled for the June 10, 2004 Director's Hearing. (PA04- 0485 — KITZEROW) • Ridge Park Office TPM — A Tentative Parcel Map to subdivide a 4.88 acre parcel into three parcels with a minimum lot size of 1.52 acres, located on Ride Park Drive, south of Ridgegate Drive. A Development Plan for 3 office buildings was recently approved for this site and the proposed Parcel Map is for financing purposes. The application was submitted on May 27, 2004 and staff is currently reviewing. (PA04-0374 — KITZEROW) • Wolf Creek PA 16 — A Tentative Subdivision Map to subdivide 4.22 acres into 6 custom hillside lots averaging 30,000 square feet. The application was submitted on May 19, 2004 and staff is currently reviewing. (PA04-0358/TTM 32319 — KITZEROW) Industrial • Roick/Regency Industrial Building — A Development Plan to construct an industrial building with four suites totaling 12,407 square feet on 1.87 acres on the southwest corner of Roick Drive and Winchester Road. James E. Horeca submitted the application for Regency, Inc, on July 1, 2003. A pre-DRC meeting was held on July 22, 2003. A DRC meeting was held on July 31, 2003 with the applicant. Staff was informed by the applicant on December 29, 2003 that there has been a change in architects. Applicant resubmitted on March 11, 2004, but the submittal package did not include revised landscape plans. Applicant was advised but has not yet submitted landscape plans. (PA03-0359 — KITZEROW) • Temecula Industrial Park —A Development Plan to construct four single -story industrial buildings totaling 57,952 square feet on 4.83 acres located on the west side of Business Park Drive, between Rancho Way and Rancho California Road, approximately 1,000 feet north of Rancho California Road. RAM0NTHLY.RPT\2004\5-2004 Report.doc Scott Barone (Lot 11 BPD LLC) submitted the application on December 23, 2003. A DRC Meeting with the applicant was held on January 29, 2004. A DRC letter was sent to the applicant on February 2, 2004. The applicant submitted revised site plans on April 28, 2004. Staff is currently reviewing the plans. A DRC has been scheduled for July 8, 2004. (PA03-0728 — FISK) Merit Moving Systems — A Development Plan to construct 37,970 square foot storage and warehouse facility on 2.02 acres located on the north side of Winchester Road, approximately 1,838 feet west of Diaz Road. Project was submitted on February 23, 2004. A DRC was held on April 1, 2004. A letter was sent on April 2, 2004 summarizing DRC comments. The applicant resubmitted plans on April 6, 2004. The Riverside County Geologist is currently reviewing the Geotechnical Report, which must be complete prior to scheduling of a Public Hearing. No change in status as of June 7, 2004. (PA04-0111 — LONG) • Kearny Commerce Center — A Development Plan to construct an 86,175 square foot light industrial building on 5.55 acres located on the north side of Remington Avenue. Project was submitted on May 25, 2004. comments are due on June 15, 2004. (PA04-0361 — CLARY) • Temecula Corporate Heights — Applicant is requesting a sign program for a multi -tenant industrial building at 423010 Zevo Drive, just west of Diaz Road. The DRC letter was sent on May 6, 2004. Appliccant submitted on May 22, 2004. Sent 2"d iteration letter on June 8, 2004. (PA04-0198 - CLARY) • Beacon Industrial- A Development Plan requesting a 15,308 square foot multi -tenant light - industrial building. The property is located at 42103 Rio Nedo, just west of Diaz Road. A Pre- DRC meeting was scheduled on May 20, 2004. The DRC letter was sent on May 25, 2004. (PA04-0149 - CLARY) • CBC Business Center— A Development Plan to construct two multi -tenant industrial buildings (Building A — 75,697 SF / Building B-56,193 SF) on 8.59 acres located on the north side of Remington Avenue, approximately 1,000 feet east of Winchester Road. The applicant submitted plans on March 1, 2004. A DRC meeting took place on May 20, 2004. A letter was mailed to the applicant on May 20, 2004. Staff is currently awaiting resubmittal. (PA04-0134 - KITZEROW) RM Pacific Office —A Pre -Application for a Development Plan to construct a 20,832 square foot office building at the southwest corner of Winchester Road and Diaz Road. The proposed office building is not a permitted use in the Light Industrial zone (minimum 50,000 SF required). Staff is exploring opportunities for a code amendment to allow such uses subject to specific criteria. A DRC meeting was held on June 3, 2004. A letter was mailed to the applicant on June 3, 2004. Staff is currently awaiting submittal of a formal Development Plan application. (PR04-0006 — KITZEROW) Opti-Forms Expansion — A Fast Track Development Plan to construct a 27,972 square foot industrial warehouse expansion on 3.57 acres, located at the southwest corner of Winchester Road and Calle Empleado. This item was submitted formally on May 17, 2004. No DRC meeting was held as staff determined at the May 25, 2004 Pre-DRC meeting that all comments from the pre -application had been adequately addressed. This item is scheduled for the July 7, 2004 Planning Commission meeting. (PA04-0349 — KITZEROW) R:WIONTHLY.RPT2004\5-2004 Report.doc Mixed Use Lago Bellagio — A Development Plan and Vesting Parcel Map to construct a 396-unit senior retirement facility building totaling 477,020 square feet, an 110,121 square foot office building and a 19,357 square foot clubhouse on 22.62 acres, located atthe corner of Pechanga Parkway and Loma Linda. A DRC meeting was held on May 22, 2003. A DRC letter was mailed out on May 27, 2003. As of July 8, 2003, the applicant had not resubmitted plans for review. Staff sent out a 30-day letter requesting exhibits. The applicant has responded to the 30-day letter and will be resubmitting plans. Staff met with the applicant on February 4, 2004 to discuss changes to the project. As of May 10, 2004, the applicant has not submitted any revisions to the plans. Staff will administratively close the application after 30 day notification due to inactivity. (PA03-0170 — LONG) Old Town Queen Anne Victorian —A Conditional Use Permit and Development Plan to construct a 11,000 square feet mixed use building to include retail uses (restaurant) on the ground floor and office uses on the second floor on 1.93 acres, located at the northeast corner of Old Town Front Street an Fourth Street. A DRC meeting was held on September 11, 2003. Revised plans were submitted on March 1, 2004. The project was reviewed and recommended for approval by the Old Town Local Review Board on April 12, 2004. Staff is currently working with the applicant to make corrections to the plans. Staff anticipates an August Planning Commission hearing.. (PA03-0447 — FISK) Penfold Plaza — A Development Plan to construct a 23,135 square foot mixed use building on .32 acres to include retail space on the first floor, office space on the second floor and a restaurant on the third floor, located on the south side of Fifth Street and west of Old Town Front Street. A DRC meeting was held on November 6, 2003, and a DRC letter was mailed to the applicant on November 10, 2003. The applicant resubmitted plans on December 26, 2003. A second DRC Meeting was held on February 5, 2004. The project was reviewed bythe Old Town Local Review Board on April 12, with a recommendation to approve. This application is scheduled for the June 161" Planning Commission hearing. (PA03-0535 — HAZEN) Residential Second Dwelling Unit at Calle De Valardo —Administrative Development Plan for a 665 square foot second dwelling unit at 43961Calle De Valardo (near Jedediah Smith and Calle De Valardo). The applicant, Kecia Stewart, submitted an application for the project on September 15, 2003 for the owners, Allen and Ann Pulsipher. A pre-DRC meeting was held on October 7, 2003 and a DRC meeting was held on October 16, 2003. Staff sent a letter to follow up on the status of revisions and received revised plans on December 2, 2003. Staff sent a second comment letter to the applicant, received revised plans, and sent a third comment letter on January 2, 2004. Staff sent a letter to follow up on the status of revisions on March 3, 2004, and the applicant responded that revised plans would be submitted. Staff is awaiting the resubmittal. (PA03-0524 — FISK) Meeker Companies at Roripaugh Ranch — Application for Product Review for 113 detached single-family residences, which will offer four (4) floor plans in three (3) architectural styles. The houses are located in Planning Area 413 along Murrieta Hot Springs Road. The application was submitted on November 4, 2003. Staff held off from providing comments until the subcommittee met to provide staff with direction. On December 11, 2003, staff sent a letter requesting revisions. The applicant has decided to move forward to the Planning Commission without RAMONTHLY.RPT12004\.5-2004 Report.doc addressing the majority of staff's comments. The Planning Commission approved the project with conditions on May 19, 2004. The applicant has appealed the project to the City Council. (PA03-0634 — LONG) Naron Pacific Tentative Tract Map 30434 — A proposal for a zone change from L-1 to L-2 on 31.93 acres and Tentative Tract Map to create 30 residential lots and 4 open space lots in the Chaparral area. The applicant has provided all materials, but is now proposing a PDO for the project. The CAC has made a recommendation on policy for the Chaparral Area allowing Y2- acre lots if it does not increase the "net" density. A PDO was submitted on March 25, 2004. Staff met with applicant in April to discuss grading issues and begin preparation of an Initial Study. Applicant has not yet submitted a revised constraint map. (PA02-0204 — PAPP) • Tierra Vista Condominiums — An Administrative Development Plan to construct 23 residential condominiums on 1.5 acres. The subject property is located on the northwest corner of Tierra Vista Road and Ynez Road. The application was submitted on September 30, 2003. A DRC meeting was held on November 6, 2003. Plans should be submitted by end of June. (PA03- 0552 — HARRIS) Quiet Meadows —A proposal to subdivide 4.57 acres into 7 residential lots with one open space lot; and a proposal to change the zoning designation from L-1 to L-2. An Environmental Assessment (EA) has been completed. Based on the EA, no significant impacts have been identified. On August 12, 2003, the City Council denied the Zone Change application without prejudice and referred the Zone Change policy issue to the General Plan CAC for an advisory recommendation. The CAC has determined that the Zone Change can be supported and the applicant will refile a new application. The processing is on hold pending policy direction on the General Plan from the City Council. TTM 31898 - A Tentative Tract Map to subdivide 14.1 acres into 125 single-family lots with a minimum lot size of 3,000 square feet located within Planning Area 7 of the Wolf Creek Specific Plan. The project was submitted on October 23, 2003. A DRC meeting was held on January 8, 2004. A DRC letter was mailed to the applicant on January 13, 2004. The application was resubmitted on February 26, 2004 but not reviewed. Staff recently completed a review of the project and provided comments to the applicant. TCSD comments regarding trash enclosures may require a minor redesign. Staff is currently awaiting response from the applicant. This project is tentatively scheduled for the July 21, 2004 Planning Commission (PA03-0604 — KITZEROW) Wolf Creek Planning Area 7 — An application for a Home Product Review for 125 detached single-family residences within Planning Area 7 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and four floor plans. The project was submitted on October 23, 2003. A DRC meeting was held on December 11, 2003 and a DRC letter was mailed out to the applicant on January 8, 2004. Revised plans were submitted on February 26, 2004, and staff is currently reviewing the plans. This item is tentatively scheduled for the July 21, 2004 Planning Commission. (PA03-0603 — KITZEROW) • Horton Continental — A Product Review for 100 single family residences including four floor plans and four architectural styles. The project is in planning area 1 of Roripaugh Ranch Specific Plan. The applicant submitted plans on Marchi, 2004. The applicant has verbally indicated that they are revising the entire plan. The applicant submitted revised plans on May 25, 2004. Staff is currently reviewing the revised plans. (PA04-0133 — LONG) RAMONTHLY.RP'n200415-2004 Report.doc • Del Val Second Dwelling Unit— An application for a second dwelling was received January 23, 2004 for a 768 square foot mobile unit at 31050 Nicolas Road at Leifer Road. A pre-DRC Meeting was held on March 9, 2004. The applicant will need to resubmit to show paved access. (PA04-0039 — PAPP) Aspen at Wolf Creek — An application for a Home Product Review for 166 detached single- family residences within Planning Areas 2 and 5 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and four floor plans. The project was submitted on December 16, 2003. A DRC meeting was held on February 12, 2004. Revised plans were submitted on March 8, 2004, and staff is currently reviewing the plans. This item is tentatively scheduled for the July 8, 2004 Director's Hearing. (PA03-0718 — KITZEROW) Cedar at Wolf Creek — An application for a Home Product Review for 92 detached single-family residences within Planning Area 9 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and three floor plans. The project was submitted on December 23, 2003. A DRC meeting was held on February 12, 2004. Revised plans were submitted on March 8, 2004, and staff is currently reviewing the plans. This item is tentatively scheduled for the July 8, 2004 Director's Hearing. (PA03-0727 — KITZEROW) • Estero Street — A request for a Zone Change (from L-1 to L-2) and a Tentative Parcel Map to subdivide a 1.39 acre parcel into two parcels for single family homes. The project is located at the end of Estero Street. The applications were filed on April 19, 2004. Staff is currently reviewing the project. (PA04 -0283 and PA04-0275 - FISK) Wolf Creek Planning Area 6 — An application for a Home Product Review for 127 detached single-family residences within Planning Area 6 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and three floor plans. The project was submitted on January 7, 2004. A DRC meeting was held on February 12, 2004. Staff is currently reviewing revised plans. This item is tentatively scheduled for the July 15, 2004 Director's Hearing. (PA04-0006 — KITZEROW) Wolf Creek Planning Area 1 — An application for a Home Product Review for 121 detached single-family residences within Planning Area 1 of the Wolf Creek Specific Plan. The project was re -submitted by W oodside Homes on March 10, 2004. Staff has provided comments to the applicant. The item is tentatively scheduled forthe July 15, 2004 Director's Hearing. (PA04-0018 — KITZEROW) Davidson Communities —A Product Review for 100 single family residences including three floor plans and three architectural styles. The project is in Planning Area 2 of the Roripaugh Ranch Specific Plan. The applicant submitted plans December 24, 2003. A DRC was held on January 22, 2004. The applicant resubmitted plans on February 19, 2004. The project went before Planning Commission on April 21, 2004 and was continued to May 19, 2004. (PA03-0725 — LONG) • Seedsowers Montessori Childcare — A Minor Conditional Use Permit application to allow a large family daycare to operate out of a single-family residence located at 39806 Cambridge Place. Pre-DRC was held April 27, 2004. DRC is scheduled for May 13, 2004. Occupancy issues with the Fire Prevention Department have been resolved. Staff will issue an Administrative approval. (PA04-0223 PAPP) R:V,AONTHLY.RPT\2004\5-2004 Report.doc • Temecula Ridge Apartments — A Development Plan for the addition of 20 units by adding a 3Id story to five buildings in a previously approved 220 unit apartment project. The site is located on the south side of Rancho California Road, southeast of the intersection of Rancho California Road and Moraga Road. The application was submitted on A DRC meeting is scheduled for June 10, 2004. (PA04-0260 — KITZEROW) Miscellaneous • Rancho Baptist Co -location — A Conditional Use Permit to co -locate 12 cellular antennas and four equipment panels on an existing mono -pine at the Rancho Baptist Church located at 29775 Santiago Road. This application was filed by Sprint PCS on December 22, 2003. A pre-DRC Meeting was held on February 17, 2004. The project is anticipated to be scheduled for the June 17, 2004 Director's Hearing. (PA04-0031 — FISK) • Lamb of Life Church — A Minor Conditional Use Permit to establish a church facility at 32824 Wolf Store Road, Suite B. The project was submitted on April 12, 2004. A DRC was held on May 20, 2004. A comment letter was sent on May 24, 2004. Staff is currently waiting for the revised plans. (PA04-0255 — LONG) • Faith Bible Church — A Minor Conditional Use Permit to establish a church facility at 42257 Avenida Alvarado. Project was submitted on April 13, 2004. A DRC was held on May 20, 2004. Staff is currently waiting for revised plans. (PA04-0266 — LONG) • U Stor It — An Administrative Development Plan to establish a self -storage facility within an existing 109,500 square foot commercial building on 6.74 acres located at 28401 Rancho California Road. The applicant submitted plans on March 31, 2004. A DRC meeting was held on April 29, 2004. Staff is currently awaiting the department Conditions of Approval and will approve the application in June. (PA04-0233 — FISK) • Cingular Mono -Pine Wireless Antenna — A Conditional Use Permit to construct a 50' high monopine on Grantree Road, approximately 500' east of Via Sierra. Project was submitted on April 19, 2004. Staff has reviewed the project and is currently drafting a letter with comments. (PA04-0285 — LONG) • AT&T and Verizon Wireless —A Conditional Use Permit/Development Plan to construct, operate and establish an unmanned wireless communication facility consisting of up to eight ±48' high "Italian Cypress" trees stealth antennas and an 8'x12' equipment area, located at the Rancho California Water District Water Reservoir Complex, east of Meadows Parkway. Staff has received phone calls from the surrounding residents expressing concerns about this proposal. The project was scheduled for the October 15, 2003 Planning Commission Hearing with a denial recommendation, however, the meeting was canceled and the project will be renoticed for a future Planning Commission Hearing. Staff met with the applicant on March 12, 2004, to discuss design alternatives. No formal resubmittal to date. (PA02-0335 — PAPP) Meadowview Golf Course — Conditional Use Permit and Development Plan to design and construct a public golf course and driving range within the Meadowview Community. The Focused EIR requires modification. The applicant has retained a new environmental consultant to complete the modifications. The Draft EIR was submitted on April 12, 2004. Staff has transmitted document to affected City Departments for 3 week review. Staff provided EIR comment letter to applicant the week of June 7, 2004. Staff is currently awaiting comments. (PA01-0375 — HARRIS) RAMONTHLY.RPTT200415-2004 Report.doc 10 0 Verizon Mono -Palm Wireless Antenna — The applicant has stated they intend to withdraw the application at the Chaparral High School Bus Maintenance Facility for a 50' light pole similar to the existing 35' light poles within the maintenance facility. The applicant has not yet submitted a letter of withdrawal. (PA02-0715 — PAPP) I Verizon Wireless Telecommunication —A Conditional Use Permit for a 60-foot high mono -pine within the Rancho California Water District Headquarters facility. Staff has informed the applicant that the proposed mono -pole is not an acceptable design for the area. The applicant indicated alternative sites would not be feasible; however, on November 10, 2003, they offered to look at alternative sites and designs. The applicant resubmitted on May 10, 2004. Staff is currently reviewing the resubmittal. (PA02-0637 — PAPP) Calvary Baptist Church Addition — A Conditional Use Permit to construct the proposed expansion of the existing church facility with a 12,610 square foot addition. This addition involves the expansion of the vestibule & sanctuary, the addition of new classrooms, restrooms, a kitchen, and multi -purpose room. The site is located at 31087 Nicolas Road at Calle Colibri off of Nicolas Road. A second DRC was held September 18, 2003. Revised plans were submitted on February 12, 2004. A DRC Meeting was held on March 11, 2004. Revised plans were submitted the first week of June. Affected departments are reviewing. (PA02-0661 — HARRIS) • Gosch Towing — A Minor Conditional Use Permit for the operation of a police impound yard located at 27495 Diaz Road. The applicant is currently operating under a Temporary Use Permit. Staff is currently working with the applicant to obtain proper public noticing. Staff anticipates scheduling the project for the July 15, 2004 Director's Hearing. (PA04-0013 — FISK) • Cyberzone —A Minor Conditional Use Permit for the establishment and operation of an Internet business to rent computer times for Internet and Microsoft applications within an existing suite of the Promenade Mall. Staff has received conditions of approval from other departments and scheduled the project for the April 7, 2004 Planning Commission Hearing The applicant lost their lease prior to the hearing, so the application has been continued off calendar in anticipation of another lease space becoming available within the mall. (PRJ00-906 — FISK) • Hillcrest Academy — A Conditional Use Permit/Development Plan to construct a new 13,777 square foot classroom, administrative offices and multi -purpose room at 29275 Santiago Road. The project was submitted on March 5, 2004. A letter was sent to the applicant on April 9, 2004. The applicant resubmitted plans on April 30, 2004. The project was approved by the Plannng Commission on June 2, 2004. (PA04-0152 — LONG) Small Business Assistance • La Tacqueria: Staff is working with the owners of this Old Town business on a revised plan for an exterior fagade improvement that includes new awnings, paint and signs. A proposal from the contractor is to be submitted to the Old Town Local Review Board in the next two to three months. • Temecula Olive Oil Company: The Planning Department is working with this applicant on a newly designed outside patio dining area and signs that are to be submitted for review by the Old Town Local Review Board in two to three months. R:UAONTHLV.RPT720041.5-2004 Report.doc 11 • Sweet Lumpy's BBQ: Staff is working with this business owner to help bring his signs into compliance with the sign program approved for the previous restaurant tenant, McDonald's. The Palomar Hotel: Owner has submitted an application to make exterior improvements to their property under the City's Fagade Improvement Program. It should be reviewed by the Old Town Local Review Board in July. Special Event Permits • Old Town Temecula Street Painting Festival: An application has been submitted to the Planning Department for this event that will take place on June 19 and 20, 2004. • Western Days: This event took place in Old Town on May 22 and 23, 2004. It was sponsored by the Temecula Redevelopment Agency. Special Projects & Long Range Planning Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities are as follows: • Comprehensive General Plan Update —The Consultant is completing the consolidated draft for the Community Advisory Committee's review. The final CAC meeting date is expected to be held in early July. The City Clerks Office is in the process of setting a date for a joint City Council/Planning Commission workshop to review the draft General Plan. (HOGAN) • Update of the Old Town Specific Plan —The revisions to the Plan have been completed and are scheduled for the Planning Commission on June 161h. (HOGAN) • Hillside Development Policy — The policies are being examined for integration into the draft - grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. • Procedures to Implement CEQA — Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. The process will also conform to the new 2003 CEQA Guidelines, and will create new templates for standard CEQA forms. This item is on hold pending additional staff resources. • Surface Mining Ordinance —The staff and City Attorney had been making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. This item is on hold pending additional staff resources. • Traditional Neighborhood Development Ordinance — Final changes are being made prior to scheduling this item for a Planning Commission workshop. This item is on hold pending additional staff resources. • Staff is revising the draft ordinance to codify use restrictions and supplemental standards for "Cyber Cafes." Staff is revising and will submit to the City Attorney May 2004. This item has not yet been scheduled for public hearing. (PAPP) RAMONTHLY.RPTT2004\5-2004 Report.doc 12 • Updating of the Roripaugh Estates Specific Plan resolve commercial zoning issues and minor land additional staff resources. (PA97-0443) to split Planning Area 8 into 8A and 8B to use changes. This item is on hold pending • South Side Street Improvement Project —The former South Side Specific Plan is being modified to design guidelines and a street improvement program for Old Town Front Street between First Street and Highway 79 South. This item is on hold pending additional staff resources. • Paloma Del Sol Specific Plan, Amendment 8.1 and Supplemental EIR —Staff is waiting for the applicant to submit a revised project schedule and the draft of the Specific Plan and Supplemental EIR. (PA03-0402,0403 — PAPP) • City— Project environmental reviews and permitting: o Overland Drive Extension — Staff reviewed 2nd submittal of the draft initial study / Mitigated Negative Declaration and has provided comments to Public Works. No resubmittal to date. o Old Town Southern Gateway Landscaping Project — Request from Public Works for Environmental Determination for this project. Previous Negative Declaration has been modified because the project description has changed. The revised N.D. has been routed to Redevelopment, TCSD, and Public Works for comments. The Revised Negative Declaration has not yet been to City Council. (EA-93 — PAPP) o Murrieta Creek Multi -Purpose Trail Project— Staff is assisting the Public Works Department by preparing CEQA and NEPA documents for this project. Staff did a site walkover with biologist and CalTrans coordinator in January 2004. Staff will recommend a Class 4 Categorical Exemption. (EA99 — PAPP) o Diaz Road General Plan Level Improvements — Staff has prepared an initial study to determine the impacts of constructing ultimate improvements on Diaz Road. Staff recommends that a Negative Declaration be prepared. This item is expected to go to City Council in June 2004. (EA107 — PAPP) Update of the Citywide Design Guidelines — The Planning Commission provided input at the September 3, 2003 workshop. The industrial section of the Design Guidelines was submitted and reviewed by staff. Staff had many comments on the first draft and met with the consultant to discuss the issues. A new draft was submitted to staff on December 8, 2003 for our review. This project was on hold for several months due to a staffing shortage. Review of the Design Guidelines commenced during the 2nd week of May. General Plan Amendments PA03-0178 TERC 52, LLC — A General Plan Amendment application (and Zone Change PA03- 0177) to change the land use designation on 52.83 acres from Business Park to High Density Residential at the northwest corner of the Rancho California Business Park, adjacent to the Campus project. Staff is awaiting the submittal of additional information and has advised the applicant that the proposal may not go to hearing until the Comprehensive General Plan Update is complete. (PAPP) RAMONTHLY.RPT\2004\5-2004 Report.doc 13 APPROVAL CITY ATTORNEY, DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony J. Elmo, Director of Building & Safety/ DATE: June 22, 2004 SUBJECT: Departmental Report May 2004 PREPARED BY: Carol Brockmeier, Administrative Secretary TOTAL NUMBER OF PERMITS ISSUED...................................................................454 NSFR................................................................................................................183 NCOM................................................................................................................... 5 NAPT...................................................................................................0 TOTALVALUATION.....................................................................................$36,240,974 TOTAL NUMBER OF INSPECTIONS PERFORMED..............................................5,265 _UNTO CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: June 22, 2004 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of May, 2004. MOACTRPT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report May / June 2004 Prepared By: Amer Attar Submitted by: William G. Hughes Date: June 22, 2004 PROJECTS UNDER CONSTRUCTION 1. Rancho California Road Bridge Widening Over Murrieta Creek This project will widen Rancho California Road Bridge over Murrieta Creek 35 feet on the south and 15 feet on the north to provide four additional traffic lanes. The goal is to open the bridge in July, with the channel extending into late July. The allowable working days extend into September of 2004. 2. John Warner Road Assessment District Under this project an assessment district was formed. This district includes the construction of street and storm drain improvements in the John Warner Road area. Paving work on the project is now complete, with the exception of the cap course on John Warner Rd. from Colver Ct. west to the project limits. This was left out for now until the RCWD water main extension work is complete. Final plans for that work should be received from RCWD by 6/21/04. All roadway work on LaPresa Loop is yet to be done, with the possibility of going back to the original design. Negotiations with the property owner to the east (Simonetti) will determine the final configuration of this street. Remaining few concrete driveways are to be completed this week, AC dike work will be done next week, at which point the project will be at the punchlist stage. 3. Rancho California Road Widening & Median Modifications East of Ynez Road The project will include the closing of the two median openings on Rancho California Road in front of the Town Center, while lengthening the left turn lanes at Ynez Road, Town Center Drive, and Via Los Colinas to improve traffic circulation. In addition, a dedicated right turn lane will be added on the eastbound direction on Rancho California Road at Ynez Road. Stage 1 construction (right -turn lane) was completed on 5/25/04; traffic was switched to Stage 2 (median island work) on 5/26/04. Stage 2 construction proceeding on schedule and it is to be completed by 6/21/04. The estimated project completion date is 7/15/04. 4. Old Town Community Theatre This project will construct a 20,000 square foot community theater complex and refurbishes the existing Mercantile Building. The acquisition of 4th Street right of way is complete. All environmental permits have been obtained. Construction started on 3-3-04 and the allowable working days (14 months) extend to 4-13-2005. Work is progressing on the foundation systems and site utilities. 5. Pechanga Parkway Storm Drain Improvements — Phase II This project will construct the storm drain triple box culvert and the channel improvements north R:\MonthlyActivityReport\CIP\2004\May-June.dm of Loma Linda. As part of this stage the entire Pechanga Parkway, Phase II project will be environmentally cleared in accordance with the California Environmental Quality Act (CEQA). The construction contract was awarded to Yeager Skanska Inc. Construction began on May 18 and is scheduled for completion on December 14. The project includes construction of a storm drain and open channel from Loma Linda Road to Temecula Creek. The contractor is scheduled to finish excavation north of Muirfield Drive the week of June 21 and begin formwork shortly thereafter. Work will begin just north of Loma Linda Road during the week of June 21. Additional pavement and stripping will be installed on Loma Linda and traffic will be allowed through the construction zone. 6. Slurry Seal Project - FY 2003/2004 This project continues the annual slurry seal program for City streets. All streets have been slurried. Additional slurry work was performed on Enterprise Circle North, Enterprise Circle South, and Overland Drive. Remainder of work includes replacement of pavement delineation and general clean up. Project is on schedule. 7. Diaz Road Realignment Phase I, Traffic Signals Under this project, two traffic signals will be installed, one on Diaz Road at Rancho Way and the other one on Rancho California Road at Business Park Drive/Vincent Moraga. Also, a northbound lane will be added on Diaz Road from Rancho Way to Via Montezuma (Low Flow Crossing). Contractor started work on 6/7/04. Excavation of the area where a lane to be added is on -going. 8. Vail Ranch Park (Near Pauba Valley School) - Add Amenities This project will add amenities, including play equipment, to the recently annexed Vail Ranch Park. A pre -construction meeting was held on June 7th. The contractor submitted the equipment information for review and approval. 9. Jefferson Avenue Pavement Rehabilitation - Phase II This project will rehabilitate Jefferson Avenue from south of Overland Drive to Rancho California Road. The design includes a complete reconstruction of the road within the project limits. In addition, problematic driveways will be reconstructed. The Pre -Construction meeting was held on 6/8/04 and construction will start on 07/06/04 and end in October. The RCWD Pre -Job meeting was held on 6115/04. All of the Right -of -Entry forms have been executed and returned by the property owners. Contractor will submit the Traffic Control Plan this week. The City's property owner notifications have gone out this week. 10. Landscaping and Sidewalk On SR 79 South (Old Town Front Street to Pechanga Parkway) The project consists of the design and construction of new sidewalk, irrigation, and landscaping along State Route 79 South between Old Town Front Street and Pechanga Parkway. City and CA Sunset HOA did not reach amenable terms on the Landscape Maintenance Agreement. Base Bid (sidewalk only) will be awarded to C. S. Legacy Construction, Inc. on 06/22/04. We anticipate beginning construction in early July. R:\MonthlyActivityReport\CIP\2004\May-lune.doc PROJECTS BEING ADVERTISED FOR BIDS NONE PROJECTS IN DESIGN 1. Pechanga Parkway (Formerly Pala Road) Improvements — Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. The City is working with Caltrans' Local Assistance and City's Environmental Consultant to re-classify the Preliminary Environmental Document Classification (NEPA) of the project to a Categorical Exclusion with required technical studies (involving Federal action). The Planning Department completed Addendum No. 3 to the Wolf Creek EIR and the Notice of Determination (NOD) for the project. The Addendum and NOD were needed to satisfy all CEQA requirements for the project. Corps of Engineers is requiring that the City process an individual permit in addition to a nationwide permit for the Wolf Valley Creek Channel. This project was divided into two stages. The first stage is to construct the storm drain triple box culvert and the channel improvements north of Loma Linda. The second stage will construct the remaining street improvements and drainage structures. Construction of this stage will start once the first stage is completed. 2. Pechanga Parkway Landscape Improvements This project will complete the landscaping that was required as part of doing the sound walls on Pechanga Parkway. The plans have been completed and the specifications are being prepared. It is anticipated that this project will go out to bid in July 2004. TCSD is obtaining the necessary right-of- way for the maintenance of the landscape area. 3. Pechanga Parkway - Muirfield Drive Traffic Signal Under this project, a traffic signal will be installed on Pechanga Parkway at Muirfield Drive. The consultant submitted a preliminary design 30% plans should be submitted to the City the week of June 28. 4. Temecula Library A full service library, approximately 34,000 square feet in area, will be designed and built on Pauba Road, just west of Fire Station #84. This project will provide the community with library resources and services. A separate parcel has been created for the library for bond purposes. The City was approved forfunding by the State on October 28, 2003. TCSD will coordinate the submittal of plans between the architect and the State. Public Works will take the lead on all utility issues, bidding, and construction management. The various utility issues are being addressed, i.e. services, protection, relocation.. Etc. The project will be advertised for bids once the plans are approved by the State and all issues are resolved. An agreement to design the Pauba Road Waterline Extension (to service the library) was approved and the design is underway. R:\MontbryActivityReport\CIP\2004\May-June.doc 5. Pauba Road Improvements — Phase II (Margarita Road to Showalter Road) This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate width. The City has reviewed the 100% Design Plans submitted by the consultant. Specifications are under review. Plans were sent to all utilities and utility issues are being addressed. Work is being coordinated with the library project, which resumed since State funds have been secured. A new RCW D waterline is under design to service the library project. It will tie into an existing line that ends just west of Margarita Road. 6. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project will entail alignment studies and the design of an extension of Overland Drive, westerly to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland Drive across Murrieta Creek to Diaz Road. Staff prepared an amendment to the original agreement for the PS&E. Council approved the amendment that included a scope of work to complete the PS & E. The consultant will submit 30% design plans the week of July 26. 7. Temecula Sports Complex A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow Way. The City Council approved the Conceptual Master Plan of the project and funding at the January 14, 2003 meeting. Project went to council for permission to advertise at the May 25th meeting. Project plans are back from consultant with the 5th submittal under city staff review. Coordination efforts with the developer and utility companies continue. 8. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road over Empire Creek This project will replace the existing barrier rails of the Rainbow Canyon Bridge over Pechanga Creek and the Del Rio Road Bridge over Empire Creek Project plans and specs are 100% complete and are ready to bid. Caltrans Local Assistance group was provided with copy of submittals for the third time. We finally got confirmation that it was sent to Caltrans HQ for Authorization to Construct. 9. Fire Station -Wolf Creek Site A fire station will be built at the Wolf Creek Site. Standard Pacific Homes has posted a deposit for the redesign of the station to better match their development architecture. STK contract amendment is going to the City Council on 6/22/04. STK will commence making design revisions once the amendment is finalized. It should be a 3-4 months process plus time for plan checks. 10. Murrieta Creek Multi Purpose Trail This project will build portions of the equestrian and bike trails along Murrieta Creek within City limits. The City has received a federal grant of $1,214,000. Caltrans has given the City the "Authorization to Proceed with Preliminary Engineering." We are working with US Army Corps of Engineers (USACOE) and Riverside County Flood Control to coordinate the trail design with the Murrieta Creek Improvement project. The City received comments from Caltrans on the Preliminary Environmental Study (PES) on April 22, 2004 and is working on addressing them. The Natural Environmental Study (Minimal Impacts) (NES (MI)) was submitted to Caltrans on April 7, 2004, no comments have been received to date. The next meeting will be held in June. R:\MonthlyActivityReport\CIP\2004\May-Iune.doc 11. State Route 79 South Medians Under this project medians will be constructed on State Route 79 South within the City of Temecula limits. PDC is making the 1st plan check (30%) corrections. 12. Guardrail Installation and Replacement On Rainbow Canyon Road In this project, old guardrails will be replaced and new guardrails will be installed in needed locations on Rainbow Canyon Road within the City of Temecula. Progress on PS&E continues. We anticipate receiving 60% plans this month. Caltrans Environmental is reviewing the Preliminary Environmental Study and Environmental Document. 13. Old Town Southern Gateway Landscaping Under this project, 10,000 square feet remnant parcel west of Front Street, which was created by the realignment of First Street, will be landscaped. Project Plans are back to the consultant for corrections with resubmittal scheduled for mid June. 14. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside) This project will provide a right turn lane for southbound 1-15 motorists and explore the possibility of providing a dual left turn lane from westbound RCR to southbound Front Street. Alternatives study is complete and the City has chosen alternative no.1. (widen the south side of the entire length between Old Town Front and 1-15). An environmental assessment was sent to planning and work is progressing on finalizing a location for the wall and property acquisition. 15. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. The timing of the station will be impacted by the developer's ability to provide finished street grades, final site utilities, and finish all site grading. The building department has approved the plans; approval is pending from Fire, TCSD, and Planning. The grading plan is being revised for the second plan check submittal. The developer has agreed to provide site specific geotechnical report and perform the mass, rough and final grading of the site. PS&E approval and authorization to be bid is anticipated in July. 16. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. 30% design plans were received from consultant Simon Wong Engineering on 6/10/04 and they are being reviewed in- house. However, the issue of required freeboard is outstanding, and a recent development that may change this from 1.0' to 2.5' may have major project (schedule and cost) implications. A team meeting on 6/24/04 will address this issue. 17. Vail Ranch Middle School Basketball Court Lighting This project will add lights to the basketball courts at Vail Ranch Middle School. Dream Engineering is preparing lighting plans for second submittal. It is anticipated that this project will go out to bid in July 2004. 18. Veteran's Memorial This project will construct a Veteran's Memorial next to the Duck Pond. The artist and the concept have been chosen. Precise grading plans were received from design consultant RBF on 6/7/04; in- R:\MonthlyActivityReport\CIP\2004\May-June.doc house review of these plans was complete on 6/16/04 and the plans were returned to RBF on 6/17/04. RBF will incorporate City comments into final grading plans and proceed from there with the final structural design. Final design package from RBF is anticipated the week of 6/28/04; project is on schedule for (ceremonial) groundbreaking on 7/4/04.. 19. Diaz Road Realignment Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. The project is on -hold, except for the two traffic signals at Diaz Rd. & Rancho Way and Business Park & Rancho California Road. Right of Way acquisition process is ongoing. 20. Winchester Road Widening Between Enterprise Circle and Jefferson This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. Itwill also add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise Circle. In-house design and property acquisition process continues. City Council adopted the Negative Declaration document at the April 13, 2004 meeting and approved the median layout on Jefferson Avenue at the May 11 meeting. The project is scheduled to go out to bids afterwe receive authorization from the City Council at the 6/22/04 Council Meeting. 21. Bus Bench Upgrades Under this project, bus benches and shade structures will be installed and existing ones will be upgraded at various locations. Project research on locations of current bus stops, existing bus bench/shade structures, bus bench/shade structure costs and RTA routes is complete. Bus bench/shade structure design and location options were reviewed and a report with recommendations was prepared. The design and locations were approved. Staff has begun preparing construction bid documents including ADA and permitting requirements. 22. Traffic Signal Installation — Citywide Under this project, traffic signals will be installed on Meadows Parkway at La Serena and at Rancho Vista. Staff met with representatives of Temecula Valley Unified School District on November 20, 2003, to obtain their input on the installation of the traffic signal at the intersection of Meadows Parkway and La Serena. Final revisions to the plans and specifications are being completed. This project is expected to be advertised for bids in late June 2004. 23. Pavement Rehabilitation Program - FY 2003/ 2004 This project continues the annual pavement rehabilitation program for City streets. This project is to be executed through a CCO under PW02-26 Jefferson Avenue Phase Il. EnGEN completed the field borings and are finalizing the Geotechnical Report. PS&E for the Diaz portion of the work is anticipated this month. 24. Localized Storm Drain Improvements This project will fix various minor drainage problems in the City. A field review with PW Maintenance Division was conducted on 01-27-2004. Potential sites are: (1) Front Street, concrete cross -gutter; (2) East side of Ynez north of Rancho Cal; (3) East side of Vincent Moraga south of Rancho Cal; and (4) Business Park Drive north of City Hall. This project will fix the drainage problem at the south end of Front Street (at the MW D easement). Staff is preparing a conceptual design for presentation to MW D (since it will be on top of their waterline). R:\MonthlyActivityReport\CIP\2004\May-June.dm 25. Traffic Signal at SR79 South and Country Glen Way Under this project, a traffic signal will be installed on State Route 79 South at Country Glen Way. Plans have been approved by Caltrans. Staff started the preparation of specifications for submittal to Caltrans for their review and comments. 26. Long Canyon Detention Basin - Access Road This project will construct an access road to the Long Canyon Detention Basin being maintained. Preliminary research is being performed in order to begin preparing plans. 27. Citywide Concrete Repairs - FY 2003/ 2004 This project continues the annual Citywide concrete repairs program for City streets. Bid were opened on 6/14/04. The contract award is scheduled for the June 22, 2004 City Council meeting. PROJECTS IN THE PLANNING STAGE 1. 1-151 SR 79 South Interchange -Project Report (PR) This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. This is the next step of project development after the completion of the Project Study Report. RBF Consulting (the firm that completed the Project Study Report) has agreed to submit a cost proposal for this stage. We anticipate receipt of the proposal by the end of June. 2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. The consultant continues to work on the Project Report. Currently, the consultant is working on some additional traffic studies that both FHWA and Caltrans required. Also, the consultant is finalizing their comments from the Value Analysis and the Accelerated Construction Technology Transfer (ACTT) workshops. We are also continuing to pursue the acquisition of a number of properties to protect them from development. The work on the environmental document continues. 3. City Maintenance Facility and Corporate Yard Under this project, an expansion of the maintenance facility will be built on the property adjacent to City Hall. Final version of Master plan will be presented to the City Council along with an amendment for final design in July. Construction will be completed in phases with phase one being the parking lot which can be utilized as overflow parking for City Hall. Phase two will expand the present maintenance yard and phase 3 will construct a maintenance building. 4. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula City Limits and Diaz Road Extension This study will determine the alignment and location of the Murrieta Creek crossing between Winchester Road and the northern City Limits. In addition, the study will be combined with the Diaz Road Extension alignment study and design. Coordination with the City of Murrieta, Riverside R:\MonthlyActivityReport\CIPN2OD4\May-June.dm County Flood Control and Army Corps of Engineers is necessary. The Consultant and Staff met with Riverside County Flood Control to discuss possible alignments. The consultant is currently awaiting data from Riverside County Flood Control in order to complete the work on the first draft of the alignment study. In order to proceed with the design of Diaz Road Extension for the proposed college, the alignment study was restarted with the existing information. PROJECTS THAT ARE SUSPENDED OR ON -HOLD 1. Santa Gertrudis Bridge Widening at 1-15 This is Phase II of the Southbound Auxiliary Lane project at the southbound exit ramp for Winchester Road. This project will widen the 1-15 southbound exit -ramp at the Santa Gertrudis Creek Bridge to provide an additional lane on the exit ramp just north of Winchester Road. Staff is revisiting the merits of this project in light of the Project Study Report for French Valley Parkway Interchange. The study shows that this bridge may have to be removed in the future to accommodate the new Interchange. This project is suspended indefinitely. 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R.00 n O Oa O U a` mdN xo�rna asr,880 mLDD2'UU8n2'QcSm z'Cm8 e'Q a z a z a z a a a a . z z z z O.a U W `O c c a E»- e z z z P z W W e.0.... O` 0 0 U_ wW A A A a m m N o- m 4 J f J v 0 �LL a 0 L o N -_ ftl N w V C U' m a Vj zQ C T d Z N U W'0 d orm J m O U. m e d m n m .O c pp o O c m ii Wm d € F C E 0 o cO.S K '0 f.Z 0\ C LL m d U y 1- O N m Q .7. a'0 d a IL 0 C L m d N J C C c d m Q U) C S9 E E U H z 9 y N N C N O O~ c 0 v�1 n K m o K U }y F a o` z+ 3 4 d ` G+ 3 3 a 0 m 0 a MEMORANDUM TO: Bill Hughes, Director of Public Works/City Engineer FROM: 60 Brad Baron, Maintenance Superintendent DATE: June 4, 2004 SUBJECT: Monthly Activity Report - May, 2004 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of May, 2004: I. SIGNS A. Total signs replaced 37 B. Total signs installed 18 C. Total signs repaired 105 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 26 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 8,020 B. Total Tons 55 IV. CATCH BASINS A. Total catch basins cleaned 281 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 0 VI. GRAFFITI REMOVAL A. Total locations 16 B. Total S.F. 3,443 VII. STENCILING A. 0 New and repainted legends B. 54,879 L.F. of new and repainted red curb and striping RU1AINTAIN OAMM2M-200 AY Also, City Maintenance staff responded to 54 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 35 service order requests for the month of April, 2004. The Maintenance Crew has also put in 80.5 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of May, 2004 was $117,394.22 compared to $56,615.00 for the month of April, 2004. cc: Account No. 5402 Account No. 5401 Account No. 5410 $565,579.80 $ 4,750.00 $ 23,621.42 Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer - (CIP/Traffic) Greg Butler, Senior Engineer - (Capital Improvements) Amer Attar, Senior Engineer - (Capital Improvements) Jerry Alegria, Senior Engineer - (Land Development) R:WAIWAIM OACTRP1 W3-20 WAY STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of May, 2004 DATE ACCOUNT STREET/CHANNEL/BRIDGE DESCRIPTION OF WORK TOTAL COST SIZE CONTRACTOR: MONTELEONE EXCAVATING Date: 05/26/04 # 5402 CITYWIDE SHOULDER GRADING TOTAL COST $ 3,750.00 Date: 05/26/04 # 5401 VALLEJO CHANNEL REMOVAL OF DEBRIS AND SILT TOTAL COST $ 4,750.00 CONTRACTOR: C-18, INC. Date: 05/25/04 # 5410 CITYWIDE RESTRIPPING TOTAL COST $ 23,621.42 CONTRACTOR: AMERICAN ASPHALT SOUTH, INC. Date: 05/28/04 # 5402 CITYWIDE SLURRY SEAL TOTAL COST $ 476,557.00 CONTRACTOR: WEST COAST ARBORISTS, INC. Date: 04/30/04 # 5402 CITYWIDE TREE TRIMMING TOTAL COST $ 3,150.00 Date: 05/15/04 # 5402 CITYWIDE TREE REMOVALS & PLANTING TOTAL COST $ 1,373.00 CONTRACTOR: BOND BLACKTOP INC. Date: 04/30/04 # 5402 CITYWIDE CRACK FILL TOTAL COST $ 20,187.45 Date: 05/27/04 # 5402 CITYWIDE CRACK FILL TOTAL COST $ 60,562.35 TOTAL COST ACCOUNT #5401 $ 4,750.00 TOTAL COST ACCOUNT #5402 $ 565,579.80 TOTAL COST ACCOUNT 5410 $ 23,621.42 54 U LL J ¢ N'U Q O LL¢ j r Y N O J b b m b b OI m O O 00 H W N OI 10 QI b N O R f0 O O M O b O n O N d r b d b N O d co O 10 m b N IO I9 N 0 O 10 b O m O OI M d N m d N O m m O O W O O e9 b b 0 0 b b d b r M N O OI Cl! m d O O O b O O O O N O O m N O m O O n O O M O O 10 O b O b m b O T b m LL J N co O b O N O b b b O b O b O O F¢ y U¢ 10 a O W d OI N b O- b O O N M N m e m ON¢ m e r oui nT vi o mr r b e o~ a d O o LL W N Z � O � U CI w y W o maw O � U ! O O O N O O N O b b b O b O b O d ¢ O O O d O O N O O N Ot O b O m O M � b 66 O 60 O b b r O r C N O b N O M H N 10 19 N 1� 0 1� O n m M N O N n d b IA d b b Ip M L6 w 0o w w we» N O U 0. O O M O n b M b d O p N b O b m d e b N N b IL Y W o m pai 0 30� U Q .0 O. N O O O b O O O O O N b O M O O O Q 0 O 00 OI O O N O n m r O 10 O r O n bi b M (9 10 O d e O N n (0 b e_ M b O N tll d Vf y b b L6 b O O LL' Vi W M V! t9 M N H Vf N O U m m 00 b b e r an d b b m o p b n b b n m m v w d b N yF� of N ¢ W - O a � ;0Q U m e rn a m `A m `O u �' m w rn q c m O~ ¢ O! " J A " J q O U A L LL LL W FN- f%1 f W J N M O � (7 6'i W S O W b LL J F n s w n 'o z z U N O ¢ f.7 0 N W Y W 3 C 0 U o m 7 U o m Y o N a 0Qw 3 O W W Y Z ZLU J a Z y ¢ F i Q Z a a w 0 N m N N W N vs m N O F» N M <» c O O O N 'C V O N O O N N m N N a V m O) n V N t7 ch N N N m r v yj 0 0 0 m m 0 m n O 0 0 ro v M m 0 v u� m 0 m O m m N N m O o { o m N M v vs N M o m m v N 0o r�o �v o oo �m moo vm a m�mN mmv m oov mo rnco o en mom m mm 0 M N N O O N m V O N m N O F o of of � i N� E9 H3 N fA O O V O O 0 0 O m M m o �- N M V O O O O m 0 V YJ ? V m 0 m N 7 O � EA N o o 0 0 o n o o m o m m o o m m a O N N n fA m fA N 0 0 000 N o m m O m 0 m m 0 0 LO O O A A h N c7 N F w LL w W ¢ m m N d N U o m c z z i ¢ w U Z o- U LL LL m c y ¢ ami a16i Q at0i a a d m NO d N mN a MCA > ¢ m�o- Q v)UO U O � m Z O O EEN a0 Z E E N d dU m Q N am: Q C nQ w w wa 3Ja = U C c za O c0 Wmm m OO c 3moOO rnwm m 0 QU U Om do U N n nUF ¢ Z:;z (n ( O~JFQ F CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF MAY, 2004 DATE O A.".,"�"N-" " S.CbPE R.F. TOTAL TONS 05/03/04 VIA PUESTA DEL SOL, LA SERENA A.C. OVERLAY 435 2.5 05/04/04 LA SERENA AT MARGARITA R & R A.C. 65 3.0 05/05/04 ENTERPRISE CIRCLE SOUTH A.C. OVERLAY 870 3.5 05/06/04 ENTERPRISE CIRCLE SOUTH A.C. OVERLAY 431 2 05/10/04 29759 STONEWOOD R & R A.C. 48 2 05/10/04 SINGLE OAK DRIVE R & R A.C. 56 3 05/11/04 FELIX VALDEZ A.C. OVERLAYS 418 3 05/12/04 RANCHO WAY /BALDARY A.C. OVERLAYS 448 3 05/13/04 BUSINESS PARK DRIVE / ENTERPRISE CIRCLE A.C. OVERLAYS 1,446 6 05/17/04 ENTERPRISE CIRCLE NORTH & SOUTH A.C. OVERLAYS 263 2 05/18/04 ENTERPRISE CIRCLE NORTH & SOUTH A.C. OVERLAYS 1,222 6 05/19/04 OVERLAND A.C. OVERLAYS 1,097 4.5 05/20/04 ENTERPRISE CIRCLE NORTH A.C. OVERLAYS 565 3 05/25/04 DIAZ AT ZEVO R & R A.C. 308 6 05/26/04 DIAZ @ ZEVO A.C. CAP 348 5 TOTAL S.F. OF REPAIRS 8,020 TOTAL TONS 54.5 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF MAY, 2004 Dw1E"C w r ® '®N z> O OGIiPL_ D` 05/03/04 CITYWIDE CLEANED & CHECKED 20 CATCH BASINS 05/04/04 AREA #5 CLEANED & CHECKED 6 CATCH BASINS 05/06/04 AREA #5 CLEANED & CHECKED 9 CATCH BASINS 05/10/04 CITYWIDE CLEANED & CHECKED 43 CATCH BASINS 05/11/04 AREA #1 CLEANED & CHECKED 61 CATCH BASINS 05/12/04 AREA #1 CLEANED & CHECKED 57 CATCH BASINS 05/17/04 AREA #I CLEANED & CHECKED 43 CATCH BASINS 05/24/04 CITYWIDE CLEANED & CHECKED 19 CATCH BASINS 05/26/04 AREA #1 CLEANED & CHECKED 23 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 281 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF MAY, 2004 DATE '! I OCAT}>Q°�T. ViORII%COM�PIaE1ED 05/03/04 NICHOLAS ROAD AT NO. GENERAL KEARNY REMOVED 610 S.F. OFGRAFFITI 05/10/04 LOMA LINDA PARK REMOVED 25 S.F. OF GRAFFITI 05/10/04 43989 GATEWOOD REMOVED 320 S.F. OF GRAFFITI 05/12/04 SO. GENERAL KEARNY REMOVED 25 S.F. OF GRAFFITI 05/14/04 MAIN STREET BRIDGE REMOVED 75 S.F. OF GRAFFITI 05/17/04 MAIN STREET BRIDGE REMOVED 20 S.F. OF GRAFFITI 05/17/04 WINCHESTER BRIDGE REMOVED 200 S.F. OF GRAFFITI 05/17/04 MORAGA AT LOMA LINDA REMOVED 220 S.F. OF GRAFFITI 05/17/04 MARGARITA BRIDGE REMOVED 510 S.F. OF GRAFFITI 05/17/04 RORIPAUGH AT SANDERLINE REMOVED 23 S.F. OF GRAFFITI 05/18/04 RANCHO VISTA WEST OF SPORTS PARK REMOVED 137 S.F. OF GRAFFITI 05/20/04 6T" STREET BRIDGE REMOVED 900 S.F. OF GRAFFITI 05/21/04 RORIPAUGH AT JIMSON REMOVED 30 S.F. OF GRAFFITI 05/24/04 28690 MERCEDES REMOVED 300 S.F. OF GRAFFITI 05/26/04 CORTE CARDOZA REMOVED 28 S.F. OF GRAFFITI 05/27/04 YNEZ AT TARGET CENTER REMOVED 20 S.F. OF GRAFFITI Ll TOTAL S.F. GRAFFITI REMOVED 3,443 TOTAL LOCATIONS 16 U w O Z F- L) O F- a w y O a J 7 W Z 7 a IL IL a a m w LL Z a O O O O O O O O O O yEpEa �dcooza O O r N O vCD r NO w . �L c o eo cn U U 0 0 o n n oo�?Nry ea es v�s>v> W C7 U;w¢tin¢�oZQ dw�w¢ ti¢�OZQ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF MAY, 2004 DANK.:'. LOCAMMON WORK COMP EPED 05/05/04 30692 LOMA LINDA TRIMMED 1 R.O.W. TREES 05/05/04 HOLDEN CIRCLE AT DEER MEADOWS TRIMMED 1 R.O.W. TREES 05/05/04 LOMA LINDA AT ESMERADO TRIMMED 2 R.O.W. TREES 05/21/04 MARGARITA AT AVENIDA BARCA TRIMMED 2 R.O.W. TREES 05/26/04 MARGARITA BRIDGE TRIMMED 20 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 26 TD\TREESM WWAY CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF MAY, 2004 DATE REC'D LOCATION REQUEST DATE WORK COMPLETED 05/03/04 31755 RANCHO VISTA WEED ABATEMENT 05/03/04 05/03/04 33298 FOX ROAD DUCKS IN STORM DRAIN 05/03/04 05/03/04 42095 KAFFIRBOOM TREE TRIMMING 05/03/04 05/03/04 DEER MEADOWS AT HOLDEN CIRCLE S.N.S. REPAIR 05/03/04 05/04/04 45343 ZUMA DRIVE MISSING R-I'S 05/04/04 05/04/04 29800 NIGHTVIEW CIRCLE TREE TRIMMING 05/04/04 05/05/04 29609 CALLE VIOLETA TREE REMOVAL 05/05/04 05/05/04 LOW FLOW WATER IN LOW -FLOW 05/05/04 05/05/04 45640 CLASSIC WAY DEAD TREE 05/05/04 05/05/04 33571 CORTE BONILLA DEAD TREE 05/05/04 05/06/04 31014 EL OSITO COURT SIDEWALK REPAIR 05/06/04 05/06/04 ALEXANDRIA WAY POTHOLE 05/06/04 05/07/04 44727 CALLE BANUELOS TREE REMOVAL 05/07/04 05/07/04 JEFFERSON AT RANCHO CALIFORNIA ROAD DEBRIS REMOVAL 05/07/04 05/10/04 42096 PASEO KAYO DEL SOL SLURRY SEAL 05/10/04 05/10/04 31782 PASEO DE LAS OLAS TREE REMOVAL 05/10/04 05/10/04 42095 KAFFIRBOOM COURT PAVING SCHEDULE 05/10/04 05/10/04 42031 SWEETSHADE LANE PAVING SCHEDULE 05/10/04 05/10/04 29540 NIGHTCREST CIRCLE PAVING SCHEDULE 05/10/04 05/11/04 43282 CORTE ARGENTA S.N.S. MISSING 05/11/04 05/12/04 33352 VERMONT ROAD S.N.S. MISSING 05/12/04 05/12/04 OVERLAND DRIVE DEBRIS PICK-UP 05/12/04 05/12/04 NICHOLAS AT WINCHESTER DEBRIS PICK-UP 05/12/04 05/12/04 33223 AVENIDA BICICLETA TREE BENDING 05/12/04 05/12/04 30120 VILLA ALTURAS DEAD TREE 05/12/04 DATE REC'D LOCATION REQUEST DATE WORK COMPLETED OS/13/04 43357 RANCHO WAY SLURRY SCHEDULE 05/13/04 05/11/04 LENA LOU RANCH ROAD WALL PAINTING 05/11/04 05/12/04 42018 VIA RENATE WEED ABATEMENT 05/12/04 05/14/04 43384 VIA ANGELES DEBRIS PICK-UP 05/14/04 05/17/04 31130 SO. GENERAL KEARNEY SLURRY QUESTION 05/17/04 05/17/04 32063 PINOT BLANC COURT TREE REMOVAL 05/17/04 05/18/04 42520 VERDADERO PLACE DEBRIS PICK-UP 05/18/04 05/18/04 27009 TIERRA VISTA ROAD MAINTENANCE ON MEDIAN 05/18/04 05/18/04 41959 SHORE WOOD COURT SLURRY REPAIRS 05/18/04 05/18/04 29636 AMWOOD WAY SLURRY REPAIRES 05/18/04 05/18/04 42171 ORANGE BLOSSOM S.N.S. REPAIR 05/18/04 05/19/04 29737 CALLE PALMAS S.N.S. REPAIR 05/19/04 05/19/04 42081 PASEO RAYO DEL SOL SLURRY REPAIR 05/19/04 05/21/04 MARGARITA MIDDLE SCHOOL R.O.W. TREE TRIMMING 05/21/04 05/21/04 TEMEKU HILLS PAINT SPILL 05/21/04 05/19/04 VIA BESO DEL SOL SLURRY REPAIR 05/19/04 05/20/04 41607 ENTERPRISE CIRCLE NORTH SLURRY QUESTION 05/20/04 05/24/04 CALLE FIESTA SLURRY QUESTION 05/24/04 05/24/04 42140 LYNDIE LANE SLURRY QUESTION 05/24/04 05/25/04 HUMBER DRIVE SLURRY QUESTION 05/25/04 05/25/04 CLUBHOUSE DRIVE SLURRY QUESTION 05/25/04 05/25/04 45671 OLYMPIC WAY SLURRY QUESTION 05/25/04 05/26/04 LYNDIE LANE SLURRY QUESTION 05/26/04 05/26/04 42210 LYNDIE LANE SLURRY QUESTION 05/26/04 05/26/04 PECHANGA PARKWAY POTHOLE 05/26/04 05/26/04 BEDFORD COURT TREE 05/28/04 05/26/04 CLUBHOUSE DRIVE SLURRY QUESTION 05/28/04 05/26/04 31314 CORTE TALVERA TREE TRIMMING 05/28/04 05/27/04 33252 CORTE YACA TREE 05/28/04 TOTAL SERVICE ORDER REQUESTS 54 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF MAY, 2004 DATE L®UAIJ®N "CQ`1GIPLETED 05/05/04 FRONT AT MERCEDES REPLACED W-73 05/05/04 LOMA LINDA AT PECHANGA REPLACED R-1 05/05/04 LOMA LINDA AT ESMERADO REPLACED R-1 05/05/04 WOLF VALLEY REPLACED R-2 - "55" 05/05/04 YNEZ AT SANTIAGO REPLACED R-2 - "45" 05/05/04 CORONADO AT YNEZ REPLACED W-41, N MARKER 05/05/04 RAINBOW CANYON ROAD REPLACED 2 R-48, R-2-"40" 05/05/04 BANANAL AT OVERLAND TRAIL REPLACED R-1 05/05/04 CITYWIDE REPAIRED 12 SIGNS 05/06/04 VALLEJO AT CABRILLO REPLACED R-2 "35" 05/06/04 LA SERENA AT POOLE REPLACED R-1 05/10/04 RANCHO CALIFORNIA RD AT BUTTERFIELD STAGE REPLACED 2 DELINEATORS 05/10/04 YNEZ AT SANTIAGO INSTALLED R-2-35 05/11/04 6T" STREET PARKING LOT REPLACED "ELECTRICAL CAR" 05/1 1/04 LOMA LINDA AT ESPLENDOR REPLACED S.N.S. 05/11/04 POOLE AT LA SERENA REPLACED S.N.S. 05/11/04 LA SERENA AT MEADOWS REPLACED 2 DELINEATORS 05/11/04 CAMINO ROJO AT WELTON REPLACED R-1, R-2-25 05/11/04 CITYWIDE REPAIRED 10 SIGNS 05/12/04 DEER HOLLOW INSTALLED 5 "NO DUMPING" 05/13/04 DEER HOLLOW INSTALLED 9 "NO DUMPING" 05/17/04 DE PORTOLA AT BUTTERFIELD STAGE ROAD REPLACED R-7 05/18/04 PECHANGA AT DEER HOLLOW INSTALLED R-2"40" 05/18/04 RANCHO CALIFORNIA ROAD AT CLAIM JUIMPER WOiiC®'NiIP,gED Im REPLACED LE DELINEATOR 05/18/04 MARGARITA AT AVENIDA DEL SOL REPLACED R-7 05/18/04 MARGARITA AT LOWES REPLACED DELINEATOR 05/19/04 ZEVO AT WINCHESTER REPLACED R-1, R-26 05/19/04 LA SERENA AT SO. GENERAL KEARNEY INSTALLED R-2-" 45" 05/19/04 OVERLAND TRAIL AT STATION 72 INSTALLED W-7A 05/19/04 CITYWIDE REPAIRED 42 SIGNS 05/25/04 1 RANCHO CALIFORNIA RD AT BUTTERFIELD STAGE REPLACED 4 DELINEATORS 05/25/04 CITYWIDE REPAIRED 20 SIGNS 05/26/04 WELTON AT BUTTERFIELD STAGE ROAD REPLACED R-1 05/26/04 VIA GILBERTO REPLACED 3 "N" MARKERS 05/26/04 CITYWIDE REPAIRED 8 SIGNS 05/27/04 CITYWIDE REPLACED POPULATION NUMBERS ON 13 SIGNS TOTAL SIGNS REPLACED 37 TOTAL SIGNS INSTALLED 18 TOTAL SIGNS REPAIRED 105 R:W AINTAIMWKCMPI.TOISIC,NC\nI MIMnv CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF MAY, 2004 DATE I®GATION'WORK COMPLETED 05/03/04 AREA #1 REPAINTED 2,419 L.F. RED CURB 05/06/04 AREA #1 REPAINTED 8,899 L.F. RED CURB 05/10/04 AREA #I REPAINTED 5,490 L.F. RED CURB 05/11/04 AREA #1 REPAINTED 4,993 L.F. RED CURB 05/12/04 TCSD PARKS REPAINTED 4,743 L.F. RED CURB 05/13/04 TCSD PARKS REPAINTED 6,108 L.F. RED CURB 05/17/04 AREA #1 REPAINTED 4,660 L.F. RED CURB 05/18/04 AREA #2 REPAINTED 4,966 L.F. RED CURB 05/19/04 AREA #3 REPAINTED 5,265 L.F. RED CURB 05/20/04 AREAS # 2 & #3 REPAINTED 1,190 L.F. RED CURB 05/25/04 AREA #4 REPAINTED 3,835 L.F. RED CURB 05/26/04 AREA #4 REPAINTED 1,538 L.F. RED CURB 05/27/04 AREA #4 REPAINTED 773 L.F. RED CURB TOTAL NEW & REPAINTED LEGENDS 0 NEW & REPAINTED RED CURB & STRIPING L.F. 54,879 R\MAINTAIMN KCOMPLTD\STRIPING\03-WMAY SUPPLEMENTAL MATERIAL FOR CONSENT CALENDAR NO. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE TRANSIT AGENCY a CITY OF TEMECULA THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this 22nd day of June 12004, by and between the RIVERSIDE TRANSIT AGENCY, located at 1825 Third Street, Riverside, CA 92507 (hereinafter referred to as "RTA") and the CITY OF TEMECULA, located at 43200 Business Park Drive, Temecula, CA 92590 (hereinafter referred to as "CITY"). WITNESSETH: WHEREAS, RTA is the designated recipient of certain grant funding from the Federal Transit Administration (FTA) for the acquisition of 15 bus shelters in the County of Riverside; and WHEREAS, RTA has received authorization from the FTA that subject funding may be utilized in the City of Temecula; and WHEREAS, RTA will be working in conjunction with the CITY in this project; and WHEREAS, CITY will act as the lead agency; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1 1. TERM OF AGREEMENT 2 This Agreement shall become effective upon the above noted date and shall remain in full 3 force and effect until terminated by either party giving thirty (30) days written notice to the other 4 party. 5 6 2. FEDERAL, STATE AND LOCAL LAWS 7 CITY warrants that in the performance of this Agreement, it shall comply with all applicable 8 federal, state and local laws, statutes and ordinances, and all lawful orders, rules and regulations 9 promulgated thereunder. CITY further warrants it will comply with all the standard terms and 10 conditions governing the administration of a project supported with Federal assistance awarded 11 by the FTA through a Grant Agreement or Cooperative Agreement with the Recipient (RTA). 12 13 3. AUDIT AND INSPECTION OF RECORDS 14 After receipt of reasonable notice and during the regular business hours of CITY, CITY shall 15 provide RTA or other agents of RTA, such access to CITY's books, records, payroll documents, 16 and facilities as RTA deems reasonably necessary to examine, audit and inspect all accounting 17 books, records, work data, documents and activities directly related hereto. CITY shall maintain 18 such books, records, data and documents in accordance with generally accepted accounting 19 principles and shall clearly identify and make such items readily accessible to such parties during 20 CITY's performance hereunder and for a period of four (4) years from the date of final payment 21 by RTA hereunder. 22 23 4. INDEMNIFICATION 24 Both parties agree to indemnify, defend and hold harmless the other party, its officers, 25 directors, employees and agents from and against any and all claims (including attorneys' fees 26 and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, 27 including death, damage to or loss of use of property caused by the negligent acts, omissions or 28 willful misconduct by the other party, its officers, directors, employees, agents, subcontractors or 29 suppliers in connection with or arising out of the performance of this Agreement. 30 31 32 2 1 5. REIMBURSEMENT PROVISIONS 2 CITY shall be reimbursed on a monthly basis by RTA for eligible project costs within thirty 3 (30) days of receipt of an approved invoice. Under no circumstances shall invoices be submitted 4 for payment prior to the completion of work covered under the invoice. If requested, CITY 5 agrees to provide RTA satisfactory evidence in the form of back-up documentation that 6 expenditures are for work covered under this MOU. 7 8 6. MAXIMUM PROJECT COMMITMENT 9 Notwithstanding any provisions of this MOU to the contrary, CITY and RTA mutually agree 10 that RTA's maximum project commitment hereunder shall be One -Hundred Thousand Ninety - II Eight and Sixty -Three Dollars ($198,063). This amount represents monies provided to RTA by 12 the FTA under FTA Grant No. CA-03-0579. Any required local match shall be provided solely 13 by the CITY. 14 15 7. EQUAL EMPLOYMENT OPPORTUNITY 16 In connection with its performance under this MOU, CITY shall not discriminate against any 17 employee or applicant for employment because of race, color, creed, sex, age, religion, marital 18 status, national origin or ancestry, physical or mental disability, medical condition, sexual 19 orientation, or any other consideration made unlawful by federal, state or local laws. CITY shall 20 take affirmative action to ensure that applicants are employed, and that employees are treated 21 during their employment, without regard to their race, color, creed, sex, age, religion, marital 22 status, national origin or ancestry, physical or mental disability, medical condition, sexual 23 orientation, or any other consideration made unlawful by federal, state or local laws. Such 24 actions shall include, but not be limited to, the following: employment, upgrading, demotion or 25 transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms 26 of compensation; and selection for training, including apprenticeship. 27 28 8. APPROVAL. AUTHORIZATION & CONCURRENCE 29 Unless clearly stated otherwise, RTA shall be permitted to review and approve all 30 documentation relating to the project. This includes, but is not limited to, solicitation 31 documentation, project specifications, vendor submittals, proposals, etc. CITY shall make every 3 I effort to provide subject documentation in a timely manner so that RTA can review and provide 2 comments, if any. RTA's approval shall not be unreasonably withheld. 3 4 9. DISADVANTAGED BUSINESS ENTERPRISES 5 In connection with its performance under this Agreement, CITY agrees to cooperate with 6 AGENCY in meeting AGENCY's 11.3% participation goal with regard to the maximum 7 utilization of Disadvantaged Business Enterprise (DBEs). CITY will use its best efforts to 8 ensure that DBEs shall have an equitable opportunity to compete for contract work under this 9 Agreement and shall carry out all applicable requirements under 49 CFR part 26. 10 11 10. PROJECT MANAGEMENT 12 All work will be under the direction of CITY's Director of Public Works/City En ineer. No 13 substitution may be made for CITY's Director of Public Works/City Engineer without the prior 14 written concurrence of RTA, which concurrence shall not be unreasonably withheld. 15 16 CITY's contact for technical matters relating to the services provided hereunder is: 17 Amer Attar -Principal Engineer, Capital Projects 18 Laura Bragg -Assistant Engineer, Capital Projects 19 43200 Business Park Drive, Temecula, CA 92590 20 Phone #(909) 694-6411/ Fax #(909) 694-6475 21 Amer.Attargcityoftemecula.or / Laura. Bragggcityoftemecula.org 22 23 CITY's contact for administrative matters relating to the work hereunder is: 24 Julie Dauer-CIP Specialist, Department of Public Works 25 43200 Business Park Drive, Temecula, CA 92590 26 Phone #(909)694-6411/Fax #(909)694-6475 27 Julie.Dauer@cityoftemecula.org 28 29 CITY agrees to permit RTA's representatives to confer as necessary with CITY's Director of 30 Public Works/City Engineer. It is understood and agreed that RTA's representatives have no 31 authority to supervise, direct or control the work performed hereunder. 32 33 34 rd I 11. NOTIFICATION 2 All correspondence is to be sent to the following addresses 3 Riverside Transit Agency City of Temecula 4 1825 Third Street 43200 Business Park Drive 5 P.O. Box 59968 Temecula, CA 92590 6 Riverside, CA 92517 Attn: Julie Dauer-CIP Specialist, Department of Public 7 Attn: Vince Rouzaud Works 8 (909)565-5180 (909)694-6411 9 12. CHANGES 10 Any modifications to this MOU shall be made in writing and must be signed by the 11 authorized representatives of both parties. 12 13 13. ENTIRE AGREEMENT 14 This MOU constitutes the entire understanding of the parties with respect to the subject 15 matter hereof, and there are no other representations, promises, warranties, covenants or 16 undertakings with respect thereto. 17 18 IN WITNESS WHEREOF, the parties have caused this Memorandum of 19 Understanding to be executed by their respective officers, duly authorized. 20 21 22 23 24 25 26 27 RIVERSIDE TRANSIT AGENCY as Larry Rubio Chief Executive Officer 28 APPROVED AS TO FORM: /' l 30 Kennard R. Smart, Jr. 31 General Counsel 32 33 34 35 36 37 CITY OF TEMECULA By: Michael S. Naggar Mayor APPROVED AS TO FORM: By: Peter M. Thorson City Attorney ATTEST: By: Susan W. Jones, City Clerk, CMC 5 REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date (2; _ Z Z. 2- 1 wish to speak on Agenda Item No. -3 For ✓ Against Subject: Name: L oar i, M fi City/State/Zip: If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. n Date �%U Y Z I wish to speak on Agenda Item No. For Against -}- �] Subject: e �n/1 -ic-�/ � Q- C I J yY 1. J Name:') TC,T� City/State/zip!'c �e LU j'2 q / L J If you are representing an organization or group, please give the name: K v1�--q(rs Aa 1*i a uos The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record.