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Home My WebLink About052207 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 (951) 694-6444. Notification 48 hours prior to a meeting v.ill enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 22,2007 -7:00 PM 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. 6:00 P.M. - Closed Session of the City Council pursuant to Government Code Section: 1. Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City. The following claim will be discussed: 1. Claim of Jesse Flynn (City of Temecula Claim No. 06-534). 2. Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City. The following case will be discussed: 1. California Nurses Association and Citizens Against Noise and Traffic v. City of Temecula, et aI., Riverside Superior Court Case No. RIC 445394. 3. Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. 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: 07-07 Resolution: 07-36 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Matthew Nunez Invocation: Reverend Robert A. Nagy of SI. Thomas of Canterbury Episcopal Church Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTA TIONS/PROCLAMA TIONS Certificates of Achievement to Amber Hovorka and Louisa Radosevich for attainina the Girl Scout Gold Award National Preoaredness Month Proclamation Convention and Visitors Bureau Presentation 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 minute (5) 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. 2 1 Standard Ordinance and Resolution Adootion Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution aoorovina List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ 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. 2007 RECOMMENDATION: 3.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2007. 4 Amendment to Professional Services Aareement for Soecial Tax Administration Services RECOMMENDATION: 4.1 Approve the First Amendment with N BS for special tax administration services for 10% contingency in the amount of $4,825 for FY 2006/07, $4,921.50 for FY 2007/08, and $5,019.93 for FY 2008/09 for customary reimbursable and out-of- pocket expenses. 5 Summarv Vacation of a Portion of Niahthawk Pass in Tract Mao No. 23067-5 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE A PORTION OF NIGHTHAWK PASS WITHIN TRACT MAP NO. 23067-5 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE 3 6 Authorize Temporarv Street Closure for a Portion of Heitz Lane between Promenade Chardonnav Hills and Montelena Circle for Reoair Work of Metrooolitan Water District's San Dieao Pioeline NO.5 RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING A TEMPORARY STREET CLOSURE FOR A PORTION OF HEITZ LANE BETWEEN PROMENADE CHARDONNAY HILLS AND MONTELENA CIRCLE FOR A DURATION OF UP TO NINE DAYS TO ALLOW FOR THE REPAIR OF METROPOLITAN WATER DISTRICT'S SAN DIEGO PIPELINE NO.5 7 AII-Wav Stoo Control - La Serena Wav and Walcott LanelCebu Drive RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF LA SERENA WAY AND WALCOTT LANEICEBU DRIVE 8 Al?oroval of Plans and Soecifications and Authorization to Solicit Construction Bids for Installation of Traffic Sianallnterconnect Eauioment - Proiect No. PW04-05 RECOMMENDATION: 8.1 Approve the Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Installation of Traffic Signal Interconnect Equipment - Project No. PW04-05. 9 Contract for CCTV Camera Installation on Route 79 South and Pechanaa Parkwav - Proiect No. PW07-07 RECOMMENDATION: 9.1 Award a contract to Crosstown Electrical & Data, Inc. to furnish and install intersection traffic monitoring CCTV cameras, communication equipment, and fiber optic cable along Route 79 South in the amount of $122,400 and authorize the Mayor to execute the contract; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $12,240, which is equal to 10% of the contract amount. 4 10 Annual Purchase Aareement for FY2007 -2008 for the Purchase of Asohalt Products RECOMMENDATION: 10.1 Approve the purchase agreement for Fiscal Year 2007-2008 with CalMat (dba Vulcan Materials Company) for the purchase of Hot Mix Asphalt and SS 1 H Emulsion Tack for street and pothole repairs in the amount of $100,000 and authorize the Mayor to execute the agreement. 11 Annual Purchase Aareement for Citvwide Street Name Sians. for Fiscal Year 2007-2008. RECOMMENDATION: 11 .1 Approve an annual agreement with Main Street Signs for the purchase of Citywide street name signs, traffic control signs, replacements and materials for repairs in the amount of $75,000 for Fiscal Year 2007-2008 and authorize the Mayor to execute the agreement. 12 Public Works Fiscal Year 2007-2008 Annual Maintenance Contracts RECOMMENDATION: 12.1 Approve the following Annual Maintenance Contracts for Fiscal Year 2007-2008: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Del Rio Enterprises GIS Road Works Strong's Painting Tiger Equipment Grading & Excavation Pacific Striping, Inc. Becker Engineering Rene's Commercial Management Monteleone Development Imperial Paving Co., Inc. 13 Citvwide Tree Trimmina Maintenance Services RECOMMENDATION: $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $100,000.00 $200,000.00 $200,000.00 $200,000.00 $200,000.00 13.1 Award the Citywide Tree Trimming Maintenance Service Contract to West Coast Arborists, Inc. for $200,000 and authorize the Mayor to execute the contract; 13.2 Authorize the City Manger to approve change orders not to exceed the contingency amount of $20,000 which is equal to 10% of the contract amount. 5 14 Procurement of Field Ooerations Center (FOC) Securitv Alarm and Structured Cable Svstem RECOMMENDATION: 14.1 Approve the purchase of Facility Security, Surveillance, and Structured Cabling System in agreement with Conduit Networks Inc. for the total amount of $116,670.11 with a 10% contingency not to exceed $11,667.00. 14.2 Accelerate the funding of $128,337.11 to Fiscal Year 2006-07 from Fiscal Year 2007-08 Field Operations Center Furniture, Fixture & Equipment (FF&E) budget; 15 Aareement for Consultina Services between the Citv of Temecula and Inland Plannina and Desian. Inc. 15.1 Approve a contract with Inland Planning & Design, Inc. for planning services in the amount of $75,200. 16 Purchase of Two Sets of Banners From Kellev Disolav RECOMMENDATION: 16.1 Approve the agreement to purchase two sets of banners with Kelley Display in the amount of $26,000. 17 Securitas Securitv Services RECOMMENDATION: 17.1 Approve an amendment to the current Agreement between the City of Temecula and Securitas Security Services USA, Inc. to provide additional security services in the amount of $20,000. 18 AED Purchase for TVUSD 18.1 Approve the purchase of 43 AED units for $82,142.88 from Philips Medical Systems Inc.; 18.2 Authorize the Mayor to sign the attached MOU with the Temecula Valley Unified School District for the purchase of AED units with a $51,578.09 deposit. *1- - RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND TEMECULA PUBLIC FINANCING AUTHORITY ************'.... 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 07-01 Resolution: No. CSD 07-04 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD 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. CSD CONSENT CALENDAR 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of May 8, 2007. 20 Financial Statements for the Nine Months Ended March 31. 2007 RECOMMENDATION: 20.1 Receive and file the Financial Statements for the nine months ended March 31, 2007. 7 21 TCSD Prooosed Election for Service Level C Rates and Charaes RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT INITIATING PROCEEDINGS TO INCREASE THE RATES AND CHARGES FOR SERVICE LEVEL C COMMENCING FISCAL YEAR 2008-2009, TO PROVIDE AN ANNUAL ADJUSTMENT THERETO AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 22 First Amendment to Prudential Overall Suoolv Aareement RECOMMENDATION: 22.1 Approve the First Amendment with Prudential Overall Supply in the amount of $25,000 for Uniform, Floor Mat, Dust Mop, and Towel CleaninglRental Service. 23 .Second Amendment to the Water Manaaement/Maintenance Services Aareement with Marine Biochemists for Fiscal Year 2007-2008 RECOMMENDATION: 23.1 Approve the Second Amendment with Marine Biochemists for $58,260 to provide Water ManagementlMaintenance Services for Harveston Lake Park and the Temecula Duck Pond for Fiscal Year 2007-2008. 24 First Amendment to T & T Janitorial Aareement for Citv Facilitv Janitorial Services RECOMMENDATION: 24.1 Approve the First Amendment with T & T Janitorial in the amount of $48,965 for Janitorial Maintenance Services at the Temecula Public Library for Fiscal Year 2007-2008. 25 Concession Aareement with A&B Desert Services. DBA. Grounds for Hire RECOMMENDATION: 25.1 Approve an agreement with A&B Desert Services DBA Grounds for Hire to provide concession services at the Old Town Temecula Community Theater and the Temecula Public Library. CSD DEPARTMENTAL REPORT 26 Communitv Services District Monthlv Deoartmental Reoort 8 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, June 12,2007, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. g TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 07-01 Resolution: No. RDA 07-02 CALL TO ORDER: Chair Person Maryann Edwards ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards RDA 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. RDA CONSENT CALENDAR 27 Minutes RECOMMENDATION: 27.1 Approve the minutes of May 8, 2007. 28 Financial Statements for the Nine Months Ended March 31. 2007 RECOMMENDATION: 28.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2007; 28.2 Approve an appropriation of $94,000 for Debt Service Interest in the Debt Service Fund; 10 28.3 Reduce the Operating transfers In and Out from the Debt Service Fund to the Capital Improvement Fund from $2,800,000 to $2,600,000; 28.4 Approve an allocation for the Temecula Education Center project in the amount $730,000 in Low-Mod Housing Funds. 29 Reauest for Interest for Aaencv Owned Prooertv 29.1 Authorize the release of the Request for Interest for the Agency Owned Property on Diaz Road and Dendy Lane. RDA DEPARTMENTAL REPORT 30 Redevelooment Deoartmental Monthlv Reoort RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, June 12,2007, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 11 TEMECULA PUBLIC FINANCING AUTHORITY Next in Order: Ordinance: No. TPFA 07-01 Resolution: No. TPFA 07-02 CALL TO ORDER: Chair Person Chuck Washington ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Roberts Washington TPFA CONSENT CALENDAR 31 Communitv Facilities District No. 03-02 (Rorioauah Ranch) Initiation of Action Necessarv to Foreclose Delinauent Soecial Tax Liens RECOMMENDATION: 31.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) TPFA ADJOURNMENT 12 RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS 32 Plannina Deoartment Monthlv Reoort 33 Citv Council TravellConference Monthlv Reoort 34 Buildina and Safetv Deoartment Monthlv Reoort 35 Public Works Deoartment Monthlv Reoort 36 Police Deoartment Monthlv Reoort CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, June 12,2007, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 13 PROCLAMA TIONS AND PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, the U.S Department of Homeland Security (DHS), the American Prepared Campaign, the American Red Cross, the National Association of Broadcasters, and the U.S. Department of Education have joined a coalition of more than 50 national organizations to engage in emergency preparedness; and WHEREAS, all 56 State and territorial governors have pledged to mark National Preparedness Month with local events; and WHEREAS, National Preparedness Month brings together an amazing coalition of partners to make citizen preparedness a priority for every city, every neighborhood, and every home across America; and WHEREAS, National Preparedness Month will provide Americans with a variety of opportunities to learn more about ways to prepare for an emergency, get an emergency kit, establish a family communications plan, and become aware ofthreats that may impact communities. NOW, THEREFORE, I, Chuck Washington, on behalf ofthe City Council ofthe City of Temecula, hereby proclaim May, 2007, as "National Preparedness Month" and urge all citizens to take the necessary steps to prepare for emergencies in their homes, businesses, and schools. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of T emecula to be affixed this 22nd day of May, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Amber Hovorka We congratulate Amber for receiving the Girl Scout Gold Award, which is the highest earned recognition in Girl Scouting. Weare proud to present Amber with this Award and wish her success in her future goals. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 2200 day of May, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Louisa Radosevich of troop 448 We congratulate Louisa for receiving the Girl Scout Gold Award, which is the highest earned recognition in Girl Scouting. Weare proud to present Louisa with this Award and wish her success in her future goals. IN WITNESS WHEREOF, I have hereunto affIXed my hand and official seal this 2200 day of May, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR I~-- . , II ITEM NO.1 II , II - . . . I I II II __. . I I~-- . , II ITEM NO.2 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager f#c iJJ2 ao..- CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Genie Roberts, Director of Finance DATE: May 22,2007 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 07- 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 HEREBY RESOLVE 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, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $2,333,832.05. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day ofMay , 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of May, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 05/07/2007 TOTAL CHECK RUN: $ 1,136,777.36 05/10/2007 TOTAL CHECK RUN: 733,189.45 05/03/2007 TOTAL PAYROLL RUN: 463,865.24 TOTAL LIST OF DEMANDS FOR OS/22/07 COUNCIL MEETING: $ 2,333,832.05 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 681,190.61 165 RDA LOW /MOD - 20% SET ASIDE 340,738.06 190 TEMECULA COMMUNITY SERVICES DISTRICT 159,069.24 192 TCSD SERVICE LEVEL B 130.16 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 11,399.44 194 TCSD SERVICE LEVEL D 1,764.81 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 10,156.57 197 TEMECULA LIBRARY FUND 5,720.71 210 CAPITAL IMPROVEMENT PROJECTS FUND 562,430.78 280 REDEVELOPMENT AGENCY - CIP PROJECT 16,734.98 300 INSURANCE FUND 792.51 310 VEHICLES FUND 3,448.00 320 INFORMATION SYSTEMS 51,422.07 330 SUPPORT SERVICES 3,025.63 340 FACILITIES 14,443.24 477 CFD- RORIPAUGH 7,500.00 $ 1,869,966.81 001 GENERAL FUND $ 307,126.35 165 RDA LOW /MOD - 20% SET ASIDE 5,115.25 190 TEMECULA COMMUNITY SERVICES DISTRICT 101,216.04 192 TCSD SERVICE LEVEL B 115.69 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,135.45 194 TCSD SERVICE LEVEL D 942.76 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 563.62 280 REDEVELOPMENT AGENCY - CIP PROJECT 3,325.45 300 INSURANCE FUND 1,220.64 320 INFORMATION SYSTEMS 26,763.02 330 SUPPORT SERVICES 3,349.57 340 FACILITIES 8,991.40 463,865.24 TOTAL BY FUND: $ 2,333,832.05 apChkLst Final Check List Page: 1 05/0712007 3:13:39PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 115721 05/07/2007 008846 PRINGLE, GARY Reimb:OfficefTrffc Safety:4/9-11:SD 753.88 753.88 115722 05/07/2007 005075 PRUDENTIAL OVERALL SUPPLY Mar uniform/flr mts/twl rentals:City Fac's 1,608.90 credit:chrgs not per agreement -34.04 1,574.86 115723 05/07/2007 009748 R K R MEDIA ASSOCIATES INC promotional items:Econ Dev 365.59 365.59 115724 05/07/2007 009897 RAMIREZ, ELlGIO PAES Res ImplY Prgm: Joyce Wolf 1,892.97 1,892.97 115725 05/07/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 1,720.21 Apr 01-08-38009-0 Fire Stn 92 112.64 1,832.85 115726 05/07/2007 002654 RANCHO FORD LINCOLN City vehicle maint svcs:Code Enf. 42.71 MERCURY City vehicle maint svcs:Code Enf. 40.53 83.24 115727 05/07/2007 010976 RANGEL, DARLENE refund:Creative Beginnings/1115.105&6 72.00 72. 00 115728 05/07/2007 003591 RENES COMMERCIAL weed abatelclean-up:City R-O-Ws 5,000.00 5,000.00 MANAGEMENT 115729 05/07/2007 010917 RICHARDSON, PATRICK reimb:Urban Dsgn Tour 4130/07 168.31 168.31 115730 05/07/2007 001592 RIVERSIDE CO INFO Mar emerg. radio rental:Police 1,906.45 1,906.45 TECHNOLOGY 115731 05/07/2007 000406 RIVERSIDE CO SHERIFFS DEPT Jul 06-Jun 07 RMS/Clets billing 115,065.00 115,065.00 115732 05/07/2007 000406 RIVERSIDE CO SHERIFFS DEPT March 07 Booking Fees 21,345.12 21,345.12 115733 05/07/2007 003587 RIZZO CONSTRUCTION INC remove/replace pavers:vets memorial 550.00 550.00 115734 05/07/2007 010203 ROBERT CLAPPER CONST Mar prgs pmt #7: W.C.Fire Stn pw01-11 446,971.24 446,971.24 SRVCSINC 115735 05/07/2007 008622 ROSS, JESSICA Reimb: Performance Summit:3/12-14 321.42 321.42 115736 05/07/2007 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,181.45 1,181.45 115737 05/07/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50 Page:1 apChkLst Final Check List Page: 2 05/0712007 3:13:39PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115738 05/07/2007 010089 SECURITAS SECURITY SRVCS Feb '07 security svcs:Harveston lake 2,940.00 USA 4/6-12/07 security svcs:Fire Stn 95 1,357.96 4/13-19/07 security svcs:Fre Stn 95 1,263.82 credit:amt exceeds agreement -1,908.28 3,653.50 115739 05/07/2007 008529 SHERIFF'S CIVil DIV - CENTRAL Support Payment LO File # 2005033893 150.00 150.00 115740 05/07/2007 010745 SHERWIN WilLIAMS painting supplies:Harveston lake park 36.62 36.62 115741 05/07/2007 000537 SO CALIF EDISON Apr 2-28-629-0507 Library 5,455.22 Apr 2-00-397-5042 City Hall 5,308.77 Apr 2-00-397-5067 various mtrs 1,479.86 Apr 2-02-351-4946 MPSC 879.43 Apr 2-18-937-3152 T.Museum 552.74 Apr 2-20-817-9929 Police OT Stn 244.44 Apr 2-19-171-8568 Wedding Chpl 76.45 Apr 2-21-981-4720 Hwy 79S 56.56 Apr 2-14-204-1615 Front St Rdio 46.76 Apr 2-27-371-8494 Offsite Storage 23.79 14,124.02 115742 05/07/2007 001212 SO CALIF GAS COMPANY Apr 091-024-9300-5 CRC 3,482.93 Apr 125-244-2108-3 Library 608.61 Apr 101-525-1560-6 Fire Stn 73 215.49 Apr 095-167-7907-2 Fire Stn 84 198.31 Apr 021-725-0775-4 MPSC 196.64 Apr 026-671-2909-8 Community Theater 94.30 Apr 133-040-7373-0 Maint Fac 70.43 Apr 101-525-0950-0 TCC 57.17 Apr 181-383-8881-6 T. Museum 45.35 Apr 164-525-0321-8 Main St. 18.51 Apr 196-025-0344-3 C. Museum 10.13 4,997.87 115743 05/07/2007 002503 SOUTH COAST AIR QUALITY generator operating fees: CRC 242.32 generator emissions fees: CRC 90.08 332.40 115744 05/07/2007 000519 SOUTH COUNTY PEST CONTROL pest control svcs:Harveston Park 94.00 INC Apr pest control svcs:Library 70.00 164.00 115745 05/07/2007 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 10,882.47 10,882.47 115746 05/07/2007 001972 STANLEY R HOFFMAN Mar '07 fiscal study:Sphere of Influence 6,050.00 6,050.00 ASSOCIATES 115747 05/07/2007 002366 STEAM SUPERIOR CARPET carpet c1eaning:MPSC 350.00 350.00 CLEANING Page2 apChkLst 05/0712007 3:13:39PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115748 05/07/2007 010725 T S A STORES INC 2,333.45 2,333.45 60 doz softballs:tcsd sports pgrm 115749 05/07/2007 000305 TARGET BANK BUS CARD SRVCS rec supplies:MPSC 140.15 hospitality supplies Theater mise supplies:Children's Museum 90.04 56.46 Grand total for UNION BANK OF CALIFORNIA: 286.65 642,457.86 Page:3 apChkLst 05/0712007 3:13:39PM Final Check List CITY OF TEMECULA Page: 4 29 checks in this report. Grand Total All Checks: 642,457.86 Page:4 apChkLst Final Check List Page: 1 05/1012007 1:36:41PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 115750 05/10/2007 004973 ABACHERLI, L1NDI TCSD instructor earnings 800.00 800.00 115751 05/10/2007 008552 ADKINS DESIGN CONSULTING Graphic art design Theater brochure 1,493.44 Graphic art design:brochure 4/07 562.78 truck artwork design:code enfc 538.75 2,594.97 115752 05/10/2007 010904 AFECOINC Still Saw/Blade: Fire Stn 92 1,290.76 1 ,290.76 115753 05/10/2007 003859 ALL ABOUT SELF STORAGE Apr offsite storage unit G702TCSD 100.00 100.00 115754 05/10/2007 003789 AMERICAN BUSINESS FORMS Cert of Occupancy forms:B&S 253.01 253.01 115755 05/10/2007 004240 AMERICAN FORENSIC NURSES Dui Drug & Alcohol Screening:Police 216.00 Dui Drug & Alcohol Screening:Police 72.00 288.00 115756 05/10/2007 001587 AMERICAN PUBLIC WORKS Uniform shirts: PW 805.20 805.20 ASSN. 115757 05/10/2007 008279 AMERICOMP IN FOSYSTEMS INC DVD/CD Lightscribe:Library 425.61 425.61 115758 05/10/2007 000101 APPLE ON E INC Temp help ppe 4/7 Jepsen, L 105.14 Temp help ppe 3/31 \l\lilkinson, M 86.37 191.51 115759 05/10/2007 001323 ARROWHEAD WATER INC Bottled wtr svcs: Library 106.77 106.77 115760 05/10/2007 003466 BASKET & BALLOONS TOO! Gift baskets @trade shows:EcDv 106.88 106.88 115761 05/10/2007 009908 BEADOR CONSTRUCTION CO Mar Prgss: 79s Median ImplY 112,165.50 INC Feb Prgss: 79s Median ImplY 20,488.44 Adj:to include Chg Ordr 3 in pmt#11 -33,300.00 99,353.94 115762 05/10/2007 002541 BECKER CONSTRUCTION SRVS Const Svcs RivertonlYardley:PW 8,900.00 8,900.00 INC 115763 05/10/2007 004040 BIG FOOT GRAPHICS Entertainmentspring egg hunt 250.00 250.00 115764 05/10/2007 010576 BOYS & GIRLS CLUB OF Refund:Adj Engineering Fees/Hintergardt SOD. 00 500.00 115765 05/10/2007 010992 C J SUPPRESSION, INC. refund:fees/40231 Paseo del Cielo 424.00 424.00 Page:1 apChkLst Final Check List Page: 2 05/1012007 1:36:41PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115766 05/10/2007 003138 CAL MAT PW patch truck materials 1,014.57 PW patch truck materials 406.04 PW patch truck materials 251.68 1,672.29 115767 05/10/2007 004248 CALIF DEPT OF JUSTICE- Feb Drug/Alcohol Analysis: Police 1,365.00 1,365.00 ACCTING 115768 05/10/2007 001267 CALIF DEPT OF MOTOR Registration: T63F91 Police ATV 25.00 VEHICLES Registration: T63F92Police ATV 25.00 50.00 115769 05/10/2007 004976 CALIF GLASS COMPANY Promotionalltems:Eco Dev 634.27 634.27 115770 05/10/2007 002520 CALIF T'S SCREEN PRINTING Exec staff Shirts: M.A.lG.P. 81.89 81.89 115771 05/10/2007 009839 CAMPBELL, REBECCA Refund: Fairy tale Princess Dance Class 12.00 12.00 115772 05/10/2007 010991 CANDIDO, JESUS Refund:security dep mpsc 11/18/06 400.00 400.00 115773 05/10/2007 010434 CATERERS CAFE Refreshments:civic center mtg 141.31 141.31 115774 05/10/2007 005373 CHINIAEFF, DENNIS Reimb:07 APA Conf, PA 4/13-4/18 846.33 846.33 115775 05/10/2007 004414 COMMUNITY WORKS DESIGN Jan/Feb Indscp plan cks:TCSD 1,500.00 1,500.00 GROUP 115776 05/10/2007 002945 CONSOLIDATED ELECTRICAL electrical supplies:harveston pk 327.02 327.02 DIST 115777 05/10/2007 003845 CUTTING EDGE MARKETING ad/display design svcs:eco dev 5,750.00 ad/display design svcs:eco dev 576.00 6,326.00 115778 05/10/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 2,501.40 INC Fuel for City vehicles: PW Maint 1,178.84 Fuel for City vehicles: PW Lnd Dv 704.98 Fuel for City vehicles: B&S 581.32 Fuel for City vehicles: Planning 417.17 Fuel for City vehicles: pw/cc/isltcsd 223.95 Fuel for City vehicles: PWCIP 166.76 Fuel for City vehicles: PW/CCIIS 117.48 Fuel for City vehicles: PWTraffic 41.32 Fuel for City vehicles: Police 21.04 5,954.26 115779 05/10/2007 001669 DUNN EDWARDS CORPORATION painting supplies: TCSD parks 141.37 141.37 Page2 apChkLst Final Check List Page: 3 05/1012007 1:36:41PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115780 05/10/2007 010584 EL ADOBE DE CAPISTRANO MPSC tour lunch San Juan Capistrano 273.05 273.05 115781 05/10/2007 004829 ELLISON WILSON ADVOCACY May state lobbying services 3,500.00 3,500.00 LLC 115782 05/10/2007 005692 ELMO, ANTHONY Reimb: CALBO Conf:3/13-15:Sacr. 231.05 231.05 115783 05/10/2007 001056 EXCEL LANDSCAPE irrigation repairs: medians/parks 187.15 187.15 115784 05/10/2007 000478 FAST SIGNS Exhibit Signs:history museum 27.95 27.95 115785 05/10/2007 000165 FEDERAL EXPRESS INC 4/5-4/16 express mail services 221.72 4/17-4/20 express mail services 63.68 285.40 115786 05/10/2007 000206 FEDEX KINKOS INC Paper/Office Supplies:Ctrl Svs 24.68 24.68 115787 05/10/2007 010804 FEHR & PEERS ASSOCIATES Old Town Pkg demand study 7,401.21 7,401.21 115788 05/10/2007 003747 FINE ARTS NETWORK Settlement: April 13-15,20-22 2,005.18 Peri:Allison Cornell 4/28/07 505.00 2,510.18 115789 05/10/2007 007515 FIRERESCUE Subscription:FireRescue H.Windsor 29.95 29.95 Page:3 apChkLst Final Check List Page: 4 05/1012007 1:36:41PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115790 05/10/2007 003347 FIRST BANKCARD CENTER AMERICAN AIRLINES RR Airiare:Toronto APTA Conf 6/3-6 675.60 AMERICAN AIRLINES RR Airiare:Minnestoa NLC Conf 5/10-12 492.60 NATIONAL LEAGUE OF CITIES JC Regist:NLC Ann'l Cf:11/13-17/07 375.00 AMERICAN AIRLINES GY Airiare:Preparedness Cf, VA 6/10 TM 299.60 AMERICAN AIRLINES GY Airiare:Preparedness Cf,VA 6/10 TB 299.60 AMERICAN AIRLINES GY Airiare:Preparedness Cf,VA 6/10 MS 299.60 TOXCO INC. HP 5 pk Recycle Big Green Boxes 266.00 MURPHY SURPLUS WAREHOUSE H P Elect parts for Childem's Museum 216.50 INTL COUNCIL OF SHOPPING JC Adv Hotel:ICSC Conf:5/20-22/07 184.21 SISTER CITIES INTERNATIONAL GY Sister cities assoc. 140.00 US AIRWAYS GY Airiare:WR IPMA-HR Conf5/9-10 138.79 LIGHT ENERGY STUDIO HP Harveston controller part:Parks 135.64 FLASHMEMORYSTORE.COM HP 12 SanOisk 32MB Flash Cards 127.40 GRUNDFOS CBS, INC HP Harveston replacement pump 80.81 SOUTH COAST CONTROLS, INC HP Parts for time clock: Parks 44.00 M C I CENTER RR Parking Garage:SCAG Conf 4/5 10.00 M C I CENTER RR Parking Garage:SCAG Conf 4/13 10.00 EXPEDIA.COM GY Airline ticket admin fees:US Air 5.00 EXPEDIA.COM GY Airline ticket admin fees: TB 4.17 EXPEDIA.COM GY Airline ticket admin fees: MS 4.17 EXPEDIA.COM GY Airline ticket admin fees: TM 4.16 3,812.85 115791 05/10/2007 010028 G M BUSINESS INTERIORS Office cubicle upgrade:finance 1,026.26 1,026.26 115792 05/10/2007 003815 GFB FRIEDRICH & ASSOCIATES Mar design svcs: OePortola Rd 8,246.03 8,246.03 INC 115793 05/10/2007 010443 GRABOW, AMIE Refund: Parent & Me Creative Movements 46.25 46.25 115794 05/10/2007 004053 HABITAT WEST INC Apr Basin Maint:Long Canyon 554.00 554.00 Page:4 apChkLst Final Check List Page: 5 05/1012007 1:36:41PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115795 05/10/2007 000186 HANKS HARDWARE INC Hardware supplies: PWTraffic 364.68 Hardware supplies: MPSC 150.84 Hardware supplies: PW Maint 146.15 Hardware supplies: CRC 112.44 Hardware supplies: PW Traffic 92.68 Hardware supplies: Theater 50.26 Hardware supplies: City Hall 28.36 Hardware supplies: B&S 27.74 973.15 115796 05/10/2007 010480 HATFIELD, DAWN Refund:Watercolor Techniques 39.00 Ref: Rachel-Watercolor Techniques 39.00 78.00 115797 05/10/2007 007792 HINTON, BEVERLY L. TCSD instructor earnings 165.20 165.20 115798 05/10/2007 010550 HOME DEPOT, THE Hardware supplies: TCSD parks 48.72 Hardware supplies: PW Maint 40.86 89.58 115799 05/10/2007 004217 HYDRO TEK COMPANY Equipment Repairs:PW Maint 1,015.21 1,015.21 115800 05/10/2007 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals:crc/tes 395.01 395.01 INC 115801 05/10/2007 001186 IRWIN, JOHN TCSD instructor earnings 201.60 201.60 115802 05/10/2007 003861 JAM S ENDISPUTES Admin hearing officer:code enf 3,950.00 3,950.00 115803 05/10/2007 003860 JOE'S SHEET METAL II Vehicle Toolbox F250:Fire Prey 3,448.00 3,448.00 115804 05/10/2007 010824 KARMAN L TO Sign Purchase/Install: Library 9,093.20 Creditbilling adj for shipping -480.20 8,613.00 115805 05/10/2007 002789 KIMCO STAFFING SERVICES INC Temp help ppe 3/18 Kodani, K 638.00 Temp help ppe 4/29 Kodani, K 606.10 1,244.10 115806 05/10/2007 004062 KUSTOM SIGNALS INC Radar Equip Repair:Police 860.06 860.06 115807 05/10/2007 000209 L & M FERTILIZER INC Repair/Power Supplies: Stn 84 368.97 Power Tools/Equip: PW Maint 187.68 556.65 115808 05/10/2007 010120 L G C INLAND INC Mar geotech/material svcs:pw 5,100.62 5,100.62 115809 05/10/2007 008680 LA-Z-BOY 30% deposit furniture:fire stn 92 2,322.21 2,322.21 PageS apChklst Final Check List Page: 6 05/1012007 1:36:41PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115810 05/10/2007 000996 LOCAL GOVERNMENT Publication:07 CA land Use 2d 119.56 119.56 PUBLICATIONS 115811 05/10/2007 006897 LORY, SUSAN, J. TCSD instructor earnings 252.00 TCSD instructor earnings 126.00 TCSD instructor earnings 94.50 472.50 115812 05/10/2007 010987 LUDWIG, LARRY Reimb:DMV Class A License Fee 64.00 64.00 115813 05/10/2007 010953 ME I RESEARCH CORPORATION Low ATA case w\wheels:City Booth 556.12 556.12 115814 05/10/2007 000394 MAINTENANCE 07-08 mbrshp dues:BH/BB/RT/RW 195.00 195.00 SUPERINTENDENTS 115815 05/10/2007 004141 MAINTEX INC Custodial Supplies:City Park Sites 365.06 Custodial Supplies:Library 337.11 Custodial Supplies:MPSC 325.28 Custodial Supplies:City Park Sites 150.56 1,178.01 115816 05/10/2007 004068 MANALlLI, AILEEN TCSD Instructor Earnings 644.00 TCSD Instructor Earnings 420.00 TCSD Instructor Earnings 392.00 TCSD Instructor Earnings 336.00 TCSD Instructor Earnings 308.00 TCSD Instructor Earnings 248.50 TCSD Instructor Earnings 164.50 TCSD Instructor Earnings 84.00 2,597.00 115817 05/10/2007 001967 MANPOWER TEMPORARY Temp Help W/E 04/22 AC/DC 1,370.80 1,370.80 SERVICES 115818 05/10/2007 006571 MELODY'S AD WORKS Westem Days mrktng svcs:RDA 2,500.00 2,500.00 115819 05/10/2007 008091 MILLMORE'S WAA CREW City vehicle detailing svcs:PW Depts 125.00 City vehicle detailing svc:IS/CC/Cntrl 25.00 150.00 115820 05/10/2007 001384 MINUTEMAN PRESS Business Cards: M. Harold 116.96 Business Cards: J. Meyer 116.96 Printing Supplies For Planning 58.81 292.73 115821 05/10/2007 010886 MISSION SAN JUAN CAPISTRANO Senior Excursion 5/16/06 133.00 133.00 115822 05/10/2007 000883 MONTELEONE EXCAVATING Street Repair & Maint:I-15 N/Date St 6,800.00 Back Fill/Recompact Slope:Solana Way 3,476.00 10,276.00 Page:6 apChkLst Final Check List Page: 7 05/1012007 1:36:41PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115823 05/10/2007 007011 MORRIS MYERS MAINTENANCE Apr '07 rr custodial svcs:City Parks 5,871.00 5,871.00 115824 05/10/2007 007096 MUSICIANS WORKSHOP '07 Jazz Festival sponsorship 15,000.00 15,000.00 115825 05/10/2007 002925 NAPA AUTO PARTS misc parts & supplies:public works 36.39 misc parts & supplies:public works 22.56 58.95 115826 05/10/2007 009793 NATIONAL BUSINESS 3/16-17/07 security srvcs:RDA event 2,000.00 2,000.00 115827 05/10/2007 010504 NEXTEL COMMUNICATIONS Police/Code Enf cell phone usage/equip 2,056.43 2,056.43 115828 05/10/2007 009570 o C B REPROGRAPHICS dupl/blueprints: PW/B&S 63.73 63.73 115829 05/10/2007 006721 OFFICEMAX - A BOISE COMPANY Office supplies for Code Enforcement 53.14 53.14 115830 05/10/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 96.92 City Vehicle Repair/Maint SVcs 77.37 174.29 115831 05/10/2007 011002 PACK & CRATE SERVICES, INC interim pmtlrelocation exp:41934 Main st 597.01 597.01 115832 05/10/2007 004088 PALA MESA RESORT accommodations:exec staff retreat 4,273.10 4,273.10 115833 05/10/2007 002099 PASCOE MANAGEMENT LLP May '07 Old Town Restroom Lease 826.00 826.00 115834 05/10/2007 000249 PETTY CASH Petty Cash Reimbursement 252.22 252.22 115835 05/10/2007 010958 PIPS TECHNOLOGY INC Automatic License Plate Recgn Sys:Police 50,343.38 50,343.38 115836 05/10/2007 010995 POLLOCK, TROY refund:office equip/Fire Prev 64.51 64.51 115837 05/10/2007 010338 POOL & ELECTRICAL PRODUCTS pool supplieslchemicals:CRCfTES 47.95 47.95 INC 115838 05/10/2007 010274 PREMIER COMMERICAL BANK retention/escrow:79S medians:Beador 12,462.83 retention/escrow:79S medians:Beador 2,276.49 retention/escrow:79S medians:Beador -3,700.00 11,039.32 115839 05/10/2007 000254 PRESS ENTERPRISE COMPANY Apr recruitment ads:PWfTCSD 4,213.87 4,213.87 INC Page:? apChkLst Final Check List Page: 8 05/1012007 1:36:41PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115840 05/10/2007 003493 PRO-CRAFT Res ImplY Prgm: J.& C. Reilly 2,661.00 2,661.00 115841 05/10/2007 002612 RADIO SHACK INC Computer Supplies:lnfo System 258.58 258.58 115842 05/10/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 19,725.69 Various PWWater Meters 1,083.65 Various Fire Water Meters 283.82 Various RDA Water Meters 127.32 21,220.48 115843 05/10/2007 003591 RENES COMMERCIAL Maintenance Svcs:City Channels 10,925.00 10,925.00 MANAGEMENT 115844 05/10/2007 004498 REPUBLIC INTELLIGENT Mar Eng Svcs:Pw Traffic Div 2,425.00 2,425.00 115845 05/10/2007 000418 RIVERSIDE CO CLERK & Res ImplY Prgm:P. & D. Blake 11.00 11.00 RECORDER 115846 05/10/2007 001592 RIVERSIDE CO INFO Feb emerg radio rental:Police 1,906.45 1,906.45 TECHNOLOGY 115847 05/10/2007 001365 RIVERSIDE COUNTY OF food cart/commissary inspection 139.00 139.00 115848 05/10/2007 010521 RIVERSIDE, CITY OF parking citation #JC01 02235344/30/07 25.00 25.00 115849 05/10/2007 000271 ROBERT BEIN VVM FROST & Mar Prof Svcs:I-15/79s Ult. Intrchg 1,936.41 1,936.41 ASSOC 115850 05/10/2007 010993 SCHUMA, DANA Reimb:APA Conf:4/13-18:Phil,PA 572.47 572.47 115851 05/10/2007 010089 SECURITAS SECURITY SRVCS 4/20-26/07 security svcs:Fire Stn 95 1,305.71 1,305.71 USA 115852 05/10/2007 001544 SKANSKA USA CIVil WEST Mar Prgs Pmt #8:Educ Cntr Grading 06-03 317,145.73 317,145.73 115853 05/10/2007 000645 SMART & FINAL INC misc supplies:father/daughter dance 141.92 141.92 Page:8 apChklst Final Check List Page: 9 05/1012007 1:36:41PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115854 05/10/2007 000537 SO CALIF EDISON May 2-05-791-8807 various mtrs 9,567.77 Apr 2-27-805-3194 Theater 3,134.56 Apr 2-29-223-8607 Various meters 1,687.81 Apr 2-02-502-8077 Maint Fac 1,250.49 May 2-20-798-3248 C. Museum 940.83 Apr 2-27-560-0625 DeerhollowWay 196.23 Apr 2-28-904-7706 Overland Trail 163.18 2-28-904-7706 Overland Trail 64.07 Apr 2-28-583-2937 Hwy-79 PED 15.90 17,020.84 115855 05/10/2007 001212 SO CALIF GAS COMPANY Apr 091-085-1632-0 T.E.S. Pool 2,466.72 2,466.72 115856 05/10/2007 005786 SPRINT Mar 26- Apr 25 Acct level Chrgs 9,470.25 9,470.25 115857 05/10/2007 005786 SPRINT Mar- Apr 1531-7 Acct level Chrgs 31.42 31.42 115858 05/10/2007 002366 STEAM SUPERIOR CARPET carpet/chair cleaning srvcs:C.Museum 310.00 310.00 CLEANING 115859 05/10/2007 006145 STENO SOLUTIONS Apr '07 Transcription Srvcs:Police 1,047.36 1,047.36 TRANSCRIPTION 115860 05/10/2007 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 87.50 87.50 115861 05/10/2007 010215 T & T JANITORIAL Apr janitorial srvcs:Library 4,080.00 Apr janitorial srvcs:C.Museum 912.00 Apr janitorial srvcsT Museum 864.00 Apr janitorial srvcs:MPSC 737.76 Apr janitorial srvcs:TCC 708.00 7,301.76 115862 05/10/2007 003599 T Y L1N INTERNATIONAL Mar Prof Svcs:Roripaugh/Btrfld Bridges 133.65 133.65 115863 05/10/2007 000305 TARGET BANK BUS CARD SRVCS hospitality supplies:Theater 146.26 146.26 115864 05/10/2007 010679 TEMECULA AUTO City Veh Repair & Maint:Paramedics 1,221.05 REPAIR/RADIATOR City Vehicle MaintFire Prevention 738.16 City Vehicle MaintParamedics 707.52 City Vehicle MaintFire Prevention 457.65 3,124.38 115865 05/10/2007 006914 TEMECULA COPIERS INC. Fax & Copier Supplies:Central Svcs 261.45 261.45 115866 05/10/2007 000168 TEMECULA FLOWER CORRAL Apr '07 sunshine fund 241.20 241.20 Page:9 apChkLst Final Check List Page: 10 05/1012007 1:36:41PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 115867 05/10/2007 000307 TEMECULA TROPHY COMPANY recogn award:K. Novak 25.81 25.81 115868 05/10/2007 000306 TEMECULA VALLEY PIPE & Irrigation/plumbing supplies:Park Sites 39.81 39.81 SUPPLY 115869 05/10/2007 004274 TEMECULA VALLEY SECURITY locksmith srvcs:MPSC 166.20 CENTR locksm ith srvcs: Fire stn 84 93.47 259.67 115870 05/10/2007 003140 TEMECULA VALLEY TCSD Instructor Earnings 54.60 TAEKWONDO TCSD Instructor Earnings 27.30 81.90 115871 05/10/2007 000919 TEMECULA VALLEY UNIFIED Fac rental cleaning fee:TCSD 247.50 247.50 SCHOOL 115872 05/10/2007 010276 TIME WARNER CABLE May 07 high speed internet CW 54.95 54.95 115873 05/10/2007 000319 TOMARK SPORTS INC Tcsd Sports Equip:PBSP 346.10 Baseball Nets:Var Park Sites 117.10 Credit:TCSD Sports Equip Returned -55.99 407.21 115874 05/10/2007 010989 TRAN, HOI Refund:Dupl.PmtlNsf Check 832.42 832.42 115875 05/10/2007 010988 TWELFTH STREET HOTEL ASSN urbanism conf philadelphia: P. Richardson 1,248.30 1,248.30 115876 05/10/2007 002702 US POSTAL SERVICE Apr '07 postage meter deposit 3,713.08 3,713.08 115877 05/10/2007 007766 UNDERGROUND SERVICE ALERT May undrgrnd svcs alert tickets:PW 412.80 412.80 115878 05/10/2007 005805 URISA '07 membership dues:K.Beal #30573 150.00 150.00 115879 05/10/2007 004261 VERIZON Apr xxx-5509 general usage 146.75 Apr xxx-9897 general usage 89.73 Apr xxx-0049 general usage 43.32 Apr xxx-1999 general usage 38.29 318.09 115880 05/10/2007 001890 VORTEX DOORS install door c1oser:City Hall 994.44 994.44 115881 05/10/2007 003089 WAKEFIELD COMPANY, THE mfg 2 receptacles: Harveston 1,759.15 1,759.15 115882 05/10/2007 001342 WAXIE SANITARY SUPPLY INC custodial supplies: City Hall 352.99 352.99 Page:10 apChkLst 05/1012007 1:36:41PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 115883 05/10/2007 006612 WEATHERPROOFING TECH, INC Weatherproofing Roof: CRC 3,970.00 Check Total 115884 05/10/2007 002109 WHITE CAP INDUSTRIES INC Final Check List CITY OF TEMECULA (Continued) Description Amount Paid Page: 11 9,590.00 534.38 733,189.45 Weatherproofing Roof: City Hall Weatherproofing Roof: MPSC Weatherproofing Roof: West Wing Weatherproofing Roof: TCC Weatherproofing Roof: T. Museum Weatherproofing Roof: Wedding Chpl 2,700.00 1,080.00 720.00 600.00 370.00 150.00 Apr maintenance supplies:PW 534.38 Grand total for UNION BANK OF CALIFORNIA: Page:11 apChkLst 05/1012007 1:36:41PM Final Check List CITY OF TEMECULA Page: 12 135 checks in this report. Grand Total All Checks: 733,189.45 Page:12 I~-- . , II ITEM NO.3 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager f#(" /JJ2 ao..- CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Genie Roberts, Director of Finance DATE: May 22,2007 SUBJECT: Financial Statements for the Nine Months Ended March 31,2007 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the City Council: 1. Receive and file the Financial Statements for the Nine Months Ended March 31, 2007. BACKGROUND: The attached financial statements reflectthe unaudited activity of the City for the nine months ended March 31,2007. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of March 31, 2007 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 2007 Combining Balance Sheet (Internal Service Funds) as of March 31, 2007 Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Funds) for the Nine Months Ended March 31,2007 CITY OF TEMECULA Combining Balance Sheet as of March 31, 2007 And the Statement of Revenues, Expenditures and Changes in Fund Balance For The Fiscal Year Ended March 31, 2007 And the Statement of Revenues, Expenses and Changes In Retained Earnings For the Fiscal Year Ended March 31, 2007 (Unaudited) Prepared by the Finance Department City ofTemecula Combining Balance Sheet As of March 31,2007 General Gas Tax State Trans Dev Impact CDBG Fund Fund Fund Fund Fund Assets: Cash and investments $46,056,049 $8,482,316 Receivables 4,616,989 $2,053 $6,756 104,936 Due from other fimds 2,053 Advances to other fimds 1,956,553 Deposits 105,670 Inventory 3,897 Total assets $52,741,211 $2,053 $6,756 $8,587,252 Liabilities and fimd balances: Liabilities: Due to other fimds $2,053 Other current liabilities $12,635,713 Deferred revenue 1,140,703 $3,541 Total liabilities 13,776,416 2,053 3,541 Fund balances: Reserved 2,986,503 Designated 22,920,786 $6,756 8,583,711 Undesignated 13,057,506 Total fimd balances 38,964,795 6,756 8,583,711 Total liabilities and fimd balances $52,741,211 $2,053 $6,756 $8,587,252 Please note that these balances are unaudited City ofTemecula Combining Balance Sheet As of March 31,2007 AB 2766 AB3229 Measure A CIP Fund Fund Fund Fund Total Assets: Cash and investments $352,592 $4,388,596 $17,945,634 $77,225,187 Receivables 3,431 472,582 2,461,222 7,667,969 Due from other fimds 2,053 Advances to other fimds 1,956,553 Deposits 105,670 Inventory Total assets $356,023 $4,861,178 $20,406,856 $86,957,432 Liabilities and fimd balances: Liabilities: Due to other fimds $274,000 $276,053 Other current liabilities 1,758,441 14,394,154 Deferred revenue 370,822 1,515,066 Total liabilities 2,403,263 16,185,273 Fund balances: Reserved 2,986,503 Designated $356,023 $4,861,178 18,003,593 54,732,047 Undesignated 13,057,506 Total fimd balances 356,023 4,861,178 18,003,593 70,776,056 Total liabilities and fimd balances $356,023 $4,861,178 $20,406,856 $86,961,329 Please note that these balances are unaudited 2 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual GeneralFlllld For the Nine Months Ended March 31,2007 Annual Amended YTD Percent Budget Activity of Budget Revenues: Sales tax - State $22,395,517 $14,670,645 66% Sales tax - Triple Flip 8,033,335 4,029,063 50% Developmental services: Planning 1,070,814 703,695 66% Building & Safety 2,050,000 1,684,775 82% Land Development 1,596,250 1,243,391 78% Police 474,010 436,547 92% Fire 800,000 654,169 82% Grants 157,175 26,815 17% Motor vehicle in lieu - State 1,045,112 933,747 89% Motor vehicle in lieu - Triple Flip 5,958,271 2,977,336 50% Property tax 6,086,000 4,166,4 72 68% Property transfer tax 750,000 588,557 78% Franchise fees 2,605,000 2,496,306 96% Transient occupancy tax 2,100,000 1,663,165 79% Reimbursements - Financing 162,500 121,875 75% Reimbursements - Others 333,533 381,252 114% Reimbursements from RDA 225,000 168,750 75% Reimbursements from CIP 2,300,258 1,408,954 61% Investment interest 1,700,000 2,233,808 131% Business licenses 300,000 306,037 102% Booking Fees 136,786 136,786 100% Vehicle code fines 1,200,000 852,596 71% Miscellaneous 21,000 13,896 66% AdvertisingiRental Income 131,000 111,515 85% Operating transfers in 2,811,509 2,413,377 86% Total Revenues 64,443,070 44,423,529 69% Notes: Revenues: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 1) The quarterly sales tax clean up payment for March 31 'I is scheduled to be received by the end of Jlllle 2007. 2) The second portion of Property taxes and "Triple flip" revenues are scheduled to be received by the end of May 2007. 3) The variance in Police revenue is due to increased Police enforcement in parking citations and vehicle impolllld fees. 4) Some of the Office Tmffic Safety grant is expected to be received by the end ofJlllle. Any llllspent grant will be reprogrammed in Fiscal Year 07-08. 5) The second portion of Motor Vehicle instalhnent is scheduled to be received by the end of May 2007. 6) The variance is due the annual clean up payment received for the 2006 calendar year from Southern California Edison. The amollllt was higher than anticipated. 7) The variance is due to T ASIN/SB 621 funding budgeted this year received in July of this fiscal year. 8) The variance in Capital Projects reimbursement is due to less time being spent on capital projects than anticipated, however the rate of recovery is 74%, which is consistent with the City's recovery model of 75%. 9) Investment interest was higher than expected due to the timing of payments for Capital projects during this fiscal year. This fund receives the interest on llllallocated capital reserves inFlllld 210. 10) The variance in Business License revenue is due to the processing ofrenewals in December and January of each fiscal year. 11) The operating transfers from Gas Tax Flllld, State Transportation Flllld, and AB 3229(COP's) Flllld are processed based of available cash balances from those individual funds. 3 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual GeneralFlllld For the Nine Months Ended March 31,2007 Annual YTD Amended YTD Activity Percent Budget Activity Encumbr. + Encumbr of Budget Expenditures: CityCollllcil $464,715 $313,190 $427 $313,617 67% Community Support 400,750 275,336 21,834 297,170 74% City Manager 1,237,989 833,891 62,155 896,046 72% Economic Development 935,582 590,136 61,291 651,427 70% City Clerk 1,063,383 769,617 6,563 776,180 73% City Attorney 800,000 475,180 475,180 59% (12) Finance 2,086,755 1,399,511 43,635 1,443,146 69% Human Resources 686,635 481,039 39,748 520,787 76% Planning 4,100,284 2,330,088 177,743 2,507,831 61% (13) Building & Safety 3,139,374 2,108,349 205,255 2,313,604 74% Land Development 2,690,205 1,630,381 320,675 1,951,056 73% Public Works 7,926,358 4,450,103 510,670 4,960,773 63% (14) CIF Admin 3,067,011 1,905,136 3,516 1,908,652 62% (14) Disaster Relief 43,089 36,428 36,428 85% (15) Police 17,979,612 13,271,088 141,500 13,412,588 75% Fire 5,323,274 3,790,761 135,854 3,926,615 74% Animal Control 160,000 104,975 104,975 66% Non-departmental 9,689,627 6,749,319 6,749,319 70% Total Expenditures (Excluding Transfers) 61,794,643 41,514,528 1,730,866 43,245,394 70% Revenues Over/(Under) Expenditures 2,648,427 2,909,001 Operating Transfers Out 2,219,000 1,934,000 Revenues Over/(Under) Expenditures and Operating Transfers 429,427 975,001 Beginning Flllld Balance, July 1, 2006 37,989,794 37,989,794 Ending Flllld Balance, March 31, 2007 $38,419,221 $38,964,795 Notes: Expenditures: 12) The variance is a result of no significant City initiated litigation during this fiscal year. 13) The variance in Planning is due to staff vacancies and a decline in development resulting in a decrease for consulting services during this fiscal year. 14) The variance in Public Works and Capital Improvement Program is due a decline in outside consulting services. 15) The variance in disaster reliefis due to payments made for stonn damage, restomtion and excavation during this fiscal year. 4 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Gas Tax Flllld For the Nine Months Ended March 31,2007 Annual Amended YTD Total Percent Budget Activity Activity of Budget $1,631,850 $1,150,853 $1,150,853 71% 4,230 4,230 1,631,850 1,155,083 1,155,083 71% Revenues: Section 2105-2107 Investment interest Total Revenues Expenditures: Operating transfers out 1,631,850 1,234,034 1,234,034 76% Revenues Over/(Under) Expenditures (78,951) Beginning Flllld Balance, July 1, 2006 78,951 78,951 Ending Flllld Balance, March 31, 2007 $78,951 5 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual State Transportation Flllld For the Nine Months Ended March 31,2007 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Traffic congestion relief $565,000 $565,018 $565,018 100% (1) Investment Interest 15,000 21,421 21,421 143% (2) Total Revenues 580,000 586,439 586,439 Expenditures: Operating transfers out 995,136 994,819 994,819 100% (3) Revenues Over/(Under) Expenditures (415,136) (408,380) Beginning Flllld Balance, July 1, 2006 415,136 415,136 Ending Flllld Balance, March 31, 2007 $6,756 Notes: 1) Proposition 42 revenue budgeted for this year was received in February 2007. 2) Investment interest was higher than expected due to delay in project expenditures resulting in higher cash balances. 3) Transfer out for the Slurry Seal Street Program was processed during this quarter. 6 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Development Impact Flllld For the Nine Months Ended March 31,2007 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Open Space $511,345 $94,231 $94,231 18% Investment interest 350,000 296,129 296,129 85% Quimby 2,182,798 1,384,801 1,384,801 63% Street improvements 4,212,520 1,241,581 1,241,581 29% Traffic signals 615,656 177,012 177,012 29% Parks 1,602,962 179,503 179,503 11% Corporate facilities 679,538 254,076 254,076 37% Fire protection 383,278 87,614 87,614 23% Library 757,651 148,330 148,330 20% Public Art 33,000 50,371 50,371 153% Median 53,158 53,158 Police 360,448 52,573 52,573 15% Total Revenues 11,689,196 4,019,379 4,019,379 34% (1) Expenditures: Operating transfers out 22,157,682 6,045,390 6,045,390 27% (2) Revenues Over/(Under) Expenditures (10,468,486) (2,026,011) Beginning Flllld Balance, July 1, 2006 10,609,722 10,609,722 Ending Flllld Balance, March 31, 2007 $141,236 $8,583,711 Notes: 1) The variance in revenues is due to a decline in building activity for residential and commercial developments. 2) The variance in expenditures is due to Capital Improvements Projects fimded with DIF that have started but not yet completed during this quarter. 7 City ofTemecula Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual Community Development Block Grant For the Nine Months Ended March 31,2007 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Investment Interest Grant revenue $1,653,837 $58,206 $58,206 4% (1) Total Revenues 1,653,837 58,206 58,206 4% Expenditures: Other outside services 73,837 36,403 36,403 49% (2) Total Expenditures (Excluding Transfers) 73,837 36,403 36,403 49% Revenues Over/(Under) Expenditures 1,580,040 21,803 Operating Transfers Out 1,580,000 21,843 Revenues Over/(Under) Expenditures and Operating Transfers 40 (40) Beginning Flllld Balance, July 1, 2006 40 40 Ending Flllld Balance, March 31, 2007 $80 Notes: 1) The Temecula Community Center Expansion fimding with this fimd has started by not yet completed. Sam Hicks Monument Park Playgrolllld have not yet started. Revenues are based on reimbursements related to the projects. 2) Reimbursements to third party recipients have not yet disbursed during this quarter. 8 City ofTemecula Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual AB 2766 Flllld For the Nine Months Ended March 31,2007 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: AB 2766 $96,000 $54,901 $54,901 57% (1) Investment interest 8,715 8,715 Total Revenues 96,000 63,616 63,616 66% Expenditures: Operating transfers out 304,324 26,206 26,206 9% (2) Revenues Over/(Under) Expenditures (208,324 ) 37,410 Beginning Flllld Balance, July 1, 2006 318,613 318,613 Ending FlllldBalance, March 31, 2007 $110,289 $356,023 Notes: 1) The second quarterly payments from South Coast Air Quality is not scheduled to be received llllti1 May 2007. 2) The Temecula Park and Ride Capital Improvement project, budgeted with this fund has not, yet started. The Rancho Vista Road Sidewalk will be completed by the end ofthis fiscal year. 9 City ofTemecula Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual AB 3229 COPs For the Nine Months Ended March 31,2007 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: AB 3229 - COPS $182,809 $182,809 $182,809 100% 1) Investment interest Total Revenues 182,809 182,809 182,809 100% Expenditures: Operating transfers out 184,483 184,483 184,483 100% (1) Revenues Over/(Under) Expenditures (1,674) (1,674) Beginning Flllld Balance, July 1, 2006 1,674 1,674 Ending FlllldBalance, March 31, 2007 Notes: 1) AB 3229 COPS revenue budgeted for this year was received in December of this fiscal year. 10 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Measure "A" For the Nine Months Ended March 31,2007 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Measure" A" $3,739,000 $2,534,136 $2,534,136 68% (1) Investment Interest 120,000 121,702 121,702 101% (2) Total Revenues 3,859,000 2,655,838 2,655,838 69% Expenditures: Debt service - principal 494,211 369,216 369,216 75% Debt service - interest 72,389 54,687 54,687 76% Total Expenditures (Excluding Transfers) 566,600 423,903 423,903 75% Revenues Over/(Under) Expenditures 3,292,400 2,231,935 Operating Transfers Out 7,433,065 3,065,000 Revenues Over/(Under) Expenditures and Operating Transfers (4,140,665) (833,065) Beginning Flllld Balance, July 1, 2006 5,694,243 5,694,243 Ending Flllld Balance, March 31, 2007 $1,553,578 $4,861,178 Notes: 1) The variance is due to March revenue not received and expected by the end of May. 2) Investment interest was higher than expected due to delay in project expenditures resulting in higher cash balances. 11 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Capital Improvement Projects Flllld For the Nine Months Ended March 31,2007 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Operating transfers in $67,348,041 $13,259,702 $13,259,702 20% Grants 11,354,296 3,568,713 3,568,713 31% Reimbursements 5,770,911 1,103,693 1,103,693 19% Reimbursements- TUMF 11,083,399 3,090,570 3,090,570 28% Reimbursements- AD 1,910,898 1,642,898 1,642,898 86% Reimbursements- T ASIN/SB 621 4,825,303 4,830,678 4,830,678 100% (1) Investment interest 198,066 198,066 Total Revenues 102,292,848 27,694,320 27,694,320 27% (2) Expenditures: Murrieta Creek Bridge/Overland Ext 165-602 145,465 17,323 $123,486 140,809 97% Pauba Rd Improvements II 165-606 858,293 600,293 57,125 657,418 77% Intersection Monitoring System 165-607 149,167 126,043 15,244 141,287 95% Rancho Ca Wide Old Town Front 165-624 1,925,614 26,044 36,811 62,855 3% 79 South Medians 165-625 4,203,040 4,030,059 172,965 4,203,024 100% Western Bypass Corridor-Phase I 165-628 316,023 101,270 192,101 293,371 93% Bus Bench Upgrades 165-629 48,089 35,960 3,081 39,041 81% Pala Road bridge 165-631 19,649 16,170 3,478 19,648 100% Diaz Realignment Vincent Moraga 165-632 3,274,844 129,026 30,752 159,778 5% Auxiliary Lanes on Interstate 15 165-634 179,000 6,596 6,596 4% Closed Caption TV Install SR79S Pechanga 165-635 183,679 0 0 0% Old Town Infrastructure-Mercedes St.iMain 165-636 3,171,000 124,832 142,765 267,597 8% SR 79 S Pechanga Prbvy Dual Right Turn Lanes 165-637 400,000 7,987 29,010 36,997 9% Winchester Rd SR 79 N Corridor Beautification 165-638 234,000 31,074 31,074 13% Alternative Fueling Station 165-639 150,000 0 0 0% Emergency Communications Projects 165-640 40,000 0 0% 1-15 Sign Replacement T emecula Pkwy/H \vy 79S 165-641 165,000 14,130 14,130 9% Murrieta Creek Flodd Control Basin 165-642 150,000 0 0 0% Old Town Infrastructure Projects - Civic Plaza 165-643 300,000 2,428 284,596 287,024 96% Old Town Infrastructure- Parking Structure/officeiRetail 165-644 1,970,500 6,832 1,531,314 1,538,146 78% Old Town Infrastructure - Relocate/Grading/Demo. 165-645 1,084,000 23,736 30,945 54,681 5% Old Town Infrastructure - Undergrolllld Utilities 165-646 162,500 1,468 5,532 7,000 4% Signal- Meadows Parkway@ Campanula Way 165-652 200,000 0 0 0% Tmffic Signals-79S@Winchester/Redhawk 165-653 6,912 0 0 0% Pavement Rehabilitation 165-655 2,992,515 2,479,894 406,722 2,886,616 96% Pavement Rehabilitation - De Portola Road 165-656 2,062,000 25,968 137,367 163,335 8% Pavement Rehabilitation-STPL Project 165-657 216,000 26,218 26,218 12% Tmffic Signals-Redhawk/Overland Trail 165-658 202,420 186,498 15,764 202,262 100% Tmffic Signals-J efferson@Sanbom 165-659 197,799 189,993 7,804 197,797 100% Western Bypass BridgeiMurrieta Crk 165-660 443,841 93,097 299,371 392,468 88% I15/79S Interchange- Ultimate 165-662 188,004 82,986 82,437 165,423 88% Rancho Vista Rd Sidewalk 165-663 263,175 252,746 10,353 263,099 100% Temecula Park & Ride/Transit Center 165-664 207,000 0 0 0% TemeculaPolice Storefront 165-665 44,461 25,187 790 25,977 58% Santiago Detention Basin 165-666 459,000 8,970 70,776 79,746 17% Theater Concession Area 165-667 65,000 0 0 0% Pechanga Parbvay Improvements 165-668 12,330,095 420,493 247,317 667,810 5% 12 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Capital Improvement Projects Flllld For the Nine Months Ended March 31,2007 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Temecula City Entry Monumentation 165-671 162,000 0 0 0% Diaz Road Extension at Cherry St 165-684 323,057 0 460 460 0% Tmffic Signal Equipment Installation 165-712 344,986 0 0 0% Localized Stonn Drain Improvements 165-715 84,899 109 109 0% French Valley Parkway S.B. Off Jefferson 165-719 3,844,992 55,000 59,609 114,609 3% Bridge Barner Rail Replacement 165-722 215,869 202,573 242 202,815 94% Butterfield Stage Rd Extension 165-723 20,825,000 0 0 0% French Valley Parkway 1-15 Overcrossing 165-726 8,739,365 334,241 304,268 638,509 7% Fire Station Wolf Creek 165-733 4,589,503 2,506,005 1,838,598 4,344,603 95% Pedestrian Bicyde Bridge - CHS 165-738 677,160 1,048 4,480 5,528 1% Fire Station Roripaugh Ranch 165-741 853,674 212,490 327,245 539,735 63% Maintenance Facility Expansion 165-742 7,799,953 3,051,873 4,662,813 7,714,686 99% Main St Bridge/Munieta Creek 165-743 3,320,244 4,002 100,347 104,349 3% Long Canyon Detention Basin 165-746 238,650 0 0 0% TemeculaPark & Ride 165-747 121,800 4,335 4,335 4% Santiago Rd. Improvements 165-749 268,000 0 0 0% Old Town Properties Master Plan 165-751 66,043 31,020 35,023 66,043 100% Rancho Ca. Wide 1-15 E. Ynez 165-752 302,870 272,256 27,373 299,629 99% Roller Hockey Rink 190-137 150,000 9,845 9,845 7% Sam Hicks Monument Park Playgrolllld Replacement 190-138 150,000 8,184 8,184 5% Santa Gertrudis Creek Trail Reseal and Restriping 190-139 85,000 80,298 80,298 94% SantiagoiYnez Park Site Design 190-140 43,000 0 0 0% Munieta Creek Multi-Purpose Trail 190-142 3,104,377 23,123 1,000 24,123 1% Red hawk Park Improvements 190-144 1,025,962 22,127 22,127 2% Public Art 190-148 50,000 0 0 0% Vail Ranch Park Site D 190-160 150,000 0 0 0% Children's Museum 190-165 6,620 0 6,620 6,620 100% Community Theater 190-167 12,725 9,869 589 10,458 82% Patricia H Birdsall Sports Park 190-173 2,097,012 2,020,601 86,524 2,107,125 100% Play Structure Retrofit at Various Parks 190-179 72,000 75 75 0% Multi-Trails System Citywide 190-185 37,792 9,560 1,959 11,519 30% Old Town Gymnasium 190-186 162,000 0 0 0% Ronald Reagan Sports Channel Silt 190-187 490,279 19,537 60,044 79,581 16% Veteran's Memorial Pavers- Phase 2 190-189 52,000 41,326 1,675 43,001 83% Dog Parks Areas Various City Parks 190-190 195,046 4,786 596 5,382 3% Kent Hindergardt Memorial Park 190-191 89,575 87,530 87,530 98% L oma Linda Play Structure Surface 190-192 13,033 0 0 0% Roripaugh Rancho Open Space Trails 190-195 175,000 5,874 8,622 14,496 8% Temecula Community Center Expansion 190-197 1,409,912 6,450 126,471 132,921 9% TES- Swimming Poll Renovation 190-198 153,010 92,893 2,200 95,093 62% Library 199-129 8,632,513 6,591,434 801,223 7,392,657 86% Old Town District Acquisition 199-130 56,477 0 0 0% Old Town Land Acquisition 199-131 275,599 113,559 15,897 129,456 47% Total Expenditures 110,475,082 24,915,344 12,411,784 37,327,128 34% (2) Revenues Over/(Under) Expenditures (8,182,234) 2,778,976 Beginning Flllld Balance, July 1, 2006 15,224,617 15,224,617 Ending Flllld Balance, March 31, 2007 $7,042,383 $18,003,593 Notes: 1) The variance is due to T ASIN/SB 621 funding budgeted for this year received in July ofthis fiscal year 2) The variances in the Capital Improvement Flllld revenues and expenditures are due to the timing of when the various projects are actually started and costs are incurred. 13 Internal Service Fllllds Combining Balance Sheet As of March 31,2007 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Assets: Cash and investments $1,291,982 $524,820 $1,111,377 $298,456 $201,318 3,427,953 Receivables 14,479 4,880 10,609 2,618 2,837 35,423 Prepaid assets 430,315 430,315 Property, plant and equipment (net of 1,417,904 280,098 163,841 1,861,843 accumulated depreciation) Total assets $1,736,776 $1,947,604 $1,402,084 $464,915 $204,155 $5,755,534 Liabilities and fund equity: Liabilities: Current liabilities $494,805 $192 $183,108 $17,464 $57,823 $753,392 Capital leases payable 193,632 193,632 Total liabilities 494,805 192 183,108 211,096 57,823 947,024 Flllld equity: Contributed capital Retained earnings 1,241,971 1,947,412 1,218,976 253,819 146,332 4,808,510 Total fund equity 1,241,971 1,947,412 1,218,976 253,819 146,332 4,808,510 Total liabilities and fund equity $1,736,776 $1,947,604 $1,402,084 $464,915 $204,155 $5,755,534 Please note that these balances are llllaudited. 14 City of Temecula Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Fllllds For the Nine Months Ended March 31,2007 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Revenues: Investment interest $39,526 $16,007 $19,548 $6,723 $2,682 $84,486 Charges for services 447,757 249,690 1,643,031 226,199 459,967 3,026,644 Total Revenues 487,283 265,697 1,662,579 232,922 462,649 3,111,130 Expenses: Salaries & wages 38,182 919,671 104,289 286,183 1,348,325 Operating expenses 443,366 573,644 51,752 176,358 1,245,120 Interest 9,251 9,251 Depreciation 228,811 168,960 42,393 440,164 Total Expenses 481,548 228,811 1,662,275 207,685 462,541 3,042,860 Revenues Over/(Under) Expenditures 5,735 36,886 304 25,237 108 68,270 Retained Earnings, July 1, 2006 1,236,236 1,910,526 1,218,672 228,582 146,224 4,740,240 Retained Earnings, March 31,2007 $1,241,971 $1,947,412 $1,218,976 $253,819 $146,332 $4,808,510 15 I~-- . , II ITEM NO.4 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~f'" /1/2 (J(L, CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Genie Roberts, Director of Finance DATE: May 22,2007 SUBJECT: Amendment to Professional Services Agreement for Special Tax Administration Services PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the City Council approve the First Amendment with NBS for special tax administration services for 10% contingency in the amount of $4,825.00 for FY 2006/07, $4,921.50 for FY 2007/08, and $5,019.93 for FY 2008/09 for customary reimbursable and out-of- pocket expenses. BACKGROUND: The City of Temecula has six existing Community Facilities Districts and one Assessment District: CFD 88-12 (Ynez Corridor) CFD 01-2 (Harveston) CFD 03-1 (Crowne Hill) CFD 03-2 (Roripaugh Ranch) CFD 03-3 (Wolf Creek) CFD 03-6 (Harveston II) AD 03-4 (John Warner Road) On May 23,2006, the Council approved a three-year professional services agreement with NBS for an annual amount of $48,250 for FY 2006/07, $49,215 for FY 2007/08, and $50,199.30 for FY 2008/09 for special tax administration for the City's Community Facilities Districts and Assessment District. Additional services, including sending letters to delinquent taxpayers and customary out-of- pocket expenses were not included in the annual contract amount approved by Council. The Attachment "A" provides an estimate of the total annual contract costs with the amended 10% increase of $53,075 for FY 2006/07, $54,136.50 for FY 2007/08, and $55,219.23 for FY 2008/09. These costs have been projected based on invoices received in FY 2006/07 for delinquency letters sent, postage costs, reproduction fees, etc. FISCAL IMPACT: The additional costs representing 10% of the original contract are $4,825 for FY 2006/07, $4,921.50 for FY 2007/08, and $5,019.93 for FY 2008/09. Funds for the administration of special districts are included in the annual special tax levies for each of the Districts. ATTACHMENTS: FirstAmendmentto Agreement between City of Temecula and N B S Government Finance Group CN B S") for Additional Special Tax Administration Services with attached Revised District Administration Fee Schedule FIN06-24 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND N B S GOVERNMENT FINANCE GROUP ("N B S") FOR ADDITIONAL SPECIAL TAX ADMINISTRATION SERVICES THIS FIRST AMENDMENT is made and entered into as of May 2, 2007, by and between the City of Temecula ("City") and N B S ("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 May 23, 2006, the City entered into that certain agreement entitled "City of Temecula Agreement for Special Tax Administration Services" ("Agreement") in the amount of $48,250.00 for fiscal year 2006/07. B. The parties now desire to increase the amount of payment for the fiscal year 2006/07 Agreement in the amount of $4,825.00 for a total 2006/07 contract amount of $53,075.00 for additional special tax administration services. 2. Section 4 Pavment is hereby amended to read as follows: 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 on actual time spent of the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed Four Thousand Eight Hundred Twenty Five Dollars and No Cents ($4,825.00) for additional special tax administration services. The maximum amount of payment under this Agreement shall not exceed the total Agreement amount of Fifty Three Thousand Seventy Five Dollars and No Cents ($53,075.00). 3. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R :\Fin ance\Purchasin g\Agreements.06-07. M-Z\N BS.Spcl Tax Admin .Amen d1. FI N06-24 1 5/2/07 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Chuck Washington, Mayor ATTEST: BY: Susan W. Jones, MMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney Consultant: NBS Attn: Greg Davidson 32605 Highway 79 South #100 Temecula, CA 92592 Phone: 951-296-1997 Fax: 951-296-1998 BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) 2 ATTACHMENT "A" Attached hereto and incorporated herein is the revised District Administration fee schedule for fiscal year 2006/07, 2007/08, and 2008/09. Consultant shall be paid based on the fee schedule added thereto and set forth in full, but in no event shall the total sum for fiscal year 2006/07 exceed $53,075.00 for the total term of the Agreement. EXHIBIT B I I I I Special Tax Administration Contract Price Update I I I I NBS Admin District # District Name Base Fee CD 06/07 Council Total FY Total FY Total FY FY 06/07 Approved 06/0r 07/08" 08/09* FY 06/07 CFD 88-12 Ynez Corridor $ 5,500 $ 1,250 $ 6,750 $ 7,425 $ 7,574 $ 7,725 CFD 01-2 A Harveston (A) & (B) $ 7,000 $ 1,250 $ 8,250 $ 9,075 $ 9,257 $ 9,442 CFD 03-01 A Crowne Hill A & B $ 6,000 $ 1,250 $ 7,250 $ 7,975 $ 8,135 $ 8,297 AD 03-04 Wolf Creek $ 5,500 $ 1,250 $ 6,750 $ 7,425 $ 7,574 $ 7,725 CFD 03-03 Harveston II $ 5,500 $ 1,250 $ 6,750 $ 7,425 $ 7,574 $ 7,725 CFD 03-06 Roripaugh Ranch $ 8,000 $ 1,250 $ 9,250 $ 10,175 $ 10,377 $ 10,586 CFD 03-02 John Warner Road $ 2,000 $ 1,250 $ 3,250 $ 3,575 $ 3,646 $ 3,719 Totals $ 39,500 $ 8,750 $ 48,250 $ 53,075 $ 54,137 $ 55,219 CD - Continuing Disclosure OM - Delinquency Management * FY 06107, 07108, 08109 are estimated. 3 I~-- . , II ITEM NO.5 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V ell (JR., CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: William G. Hughes, Director of Public Works DATE: May 22,2007 SUBJECT: Summary Vacation of a Portion of Nighthawk Pass in Tract Map No. 23067-5 PREPARED BY: Dan York, Deputy Director of Public WorkslCity Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE A PORTION OF NIGHTHAWK PASS WITHIN TRACT MAP NO. 23067-5 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE BACKGROUND: Tract Map No. 23067-5 was approved by the Riverside County Board of Supervisors and was recorded by the County Recorder on June 14, 2000. In July of 2005 Tract 23067-5 was annexed into the City of Temecula as part of the Redhawk Annexation. The recorded map included Nighthawk Pass which is shown on the map terminating as a cul-de-sac at the easterly end of the Tract. Following completion of Tract 23067-5, development of the Morgan Hill Specific Plan began immediately east of said Tract. The new Morgan Hill tract, TM 30885-1, included the eastward extension of Nighthawk Pass from the existing cul-de-sac. The extension has since been completed leaving a portion of the cul-de-sac right-of-way no longer necessary for public use (See attached Exhibit 'B'). As an original requirement of the County of Riverside Conditions of Approval for Tract 30885-1, the extra cul-de-sac right-of-way was to be vacated upon completion of Nighthawk Pass roadway extension. City staff is in agreement with this Condition and recommends that City Council formally vacate the unnecessary cul-de-sac right-of-way. Additionally, the City has received formal requests from the adjoining lot owners for a Summary Vacation of the remaining portion of the former cul-de-sac that is no longer needed for roadway purposes. The vacation of the cul-de-sac portion will revert back to the four residential properties fronting Nighthawk Pass at this location. The vacation will not change current access rights to parcels abutting Nighthawk Pass. All public utilities have been relocated outside the proposed roadway vacation and therefore no utilities will be affected by this vacation. Staff therefore recommends that the City Council adopt Resolution No. 07-_, approving the proposed summary vacation, pursuant to Chapter 4, Part 3, Division 9 of the Streets and Highway Code, since said portion of Nighthawk Pass is no longer necessary for present or prospective public use. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. 07 -_ with Exhibits "A" & "B", Inclusive RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE A PORTION OF NIGHTHAWK PASS OF TRACT MAP NO. 23067-5 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declares as follows: A. That the City Council intends to summarily vacate a portion of Lot "A" (Nighthawk Pass) as described on Exhibits "A" and "8", in Tract Map No. 23067-5. C. The right-of-way to be vacated by this resolution is excess right-of-way of a street not required for street or highway purposes. D. This vacation is made pursuant to Section 8330 to 8336 of the Streets and Highways Code. E. This vacation will not change current access rights to parcels abutting Nighthawk Pass. E. There are no public utility easements or facilities which will be affected by this vacation. Section 2. A portion of Lot "A" of Tract Map No. 23067-5, described in Exhibits "A" and "8" which are attached hereto and incorporated herein by this reference is hereby vacated and from and after the date of this Resolution is recorded, said portion of Lot "A" shall no longer constitute a street and public utility easement or right of way of the City of T emecula and shall revert to the fronting property owners. Section 3. 'The City Clerk shall certify the adoption of this resolution and shall cause a certified copy of the Resolution to be recorded pursuant to Streets and Highway Code Section 8336. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of May, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEALI STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of May, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSENT: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" PORTION OF NIGHTHAWK P ASS VACATION Being a portion of Lot "A" of Tract No. 23067-5, as shown by map on file in Book 293, Pages 16 through 22, inclusive, records of Riverside County, California, together with a portion of that property as described in Instrument No. 227451, recorded June 14,2000, Official Records of Riverside County, California, more particularly described as follows: COMMENCING at the Southwesterly comer of Lot 104 of Tract No. 30885-1, as shown by map on file in Book 408, Pages 30 through 39, inclusive, records of Riverside County, California, said point also being on the Northerly right of way line (66.00 feet wide) of Nighthawk Pass, as shown on said Tract No. 30885-1; THENCE South 86056'11" West on said Northerly right of way line of Nighthawk Pass, a distance of 50.05 feet to the TRUE POINT OF BEGINNING; THENCE continuing South 86056'11" West along said Northerly right of way line of Nighthawk Pass, a distance of 45.96 feet to the beginning of a tangent curve, concave Southwesterly, having a radius of 1033.00 feet; THENCE Southwesterly along the arc of said curve and along said Northerly right of way line of Nighthawk Pass, through a central angle of 05036'23", an arc distance of 101.08 feet to a point of cusp to which point a radial line bears North 08040' 12" West, said point being the beginning of a non-tangent curve, concave Northwesterly, having a radius of 100.00 feet to which point a radial line bears South 08040'12" East, said point also being on the Southerly line of Lot 65 and the Northerly right of way line of Nighthawk Pass, as shown on said Tract No. 23067-5; THENCE Northeasterly along the arc of said curve, along the Southerly line of Lot 65 and Lot 66 and the Northerly right of way line of Nighthawk Pass of said Tract No. 23067-5, through a central angle of20036'37", an arc distance of35.97 feet; THENCE North 60043' 11" East along the Southerly line of said Lot 66 and along the Northerly right of way line of Nighthawk Pass, as shown on said Tract No. 23067-5, a distance of 50.00 feet to the beginning of a tangent curve, concave Southwesterly, having a radius of 49.00 feet; THENCE Southeasterly along the arc of said curve, through a central angle of 95055'34", an arc distance of 82.04 feet to which point a radial line bears North 66038' II" East, said point also being the TRUE POINT OF BEGINNING. 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Hughes, Director of Public Works DATE: May 22,2007 SUBJECT: Authorize Temporary Street Closure for a Portion of Heitz Lane between Promenade Chardonnay Hills and Montelena Circle for RepairWork of Metropolitan Water District's San Deigo Pipeline NO.5 PREPARED BY: Daniel York, Deputy Director of Public WorkslCity Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING A TEMPORARY STREET CLOSURE FOR A PORTION OF HEITZ LANE BETWEEN PROMENADE CHARDONNAY HILLS AND MONTELENA CIRCLE FOR A DURATION OF UP TO NINE DAYS TO ALLOW FOR THE REPAIR OF METROPOLITAN WATER DISTRICT'S SAN DIEGO PIPELINE NO.5 BACKGROUND: The Metropolitan Water District (MWD) is requesting approval for the temporary closure of Heitz Lane between Promenade Chardonnay Hills and Montelena Circle to make repairs to their 96 inch diameter San Diego Pipeline # 5. In March of 2007, an internal inspection of the pipeline indicated that there are approximately twenty (20) internal wire breaks within the pre-stressed section of pipeline located immediately south of Heitz Lane. This weakened section of pipeline has been identified as susceptible to immediate failure. In order to eliminate this potential pipeline rupture, MWD has scheduled to perform repairs during an emergency shutdown in coordination with their primary customer, San Diego County Water Authority, on June 2, 2007. All repair work activity will be performed within Metropolitan's Permanent Right-of-Way between La Serena and Meadows Parkway (See attached Figure 1). The only required excavation site is the south edge of Heitz lane between the sidewalk and 50 feet south. Staging of equipment will be between La Serena and Heitz Lane. Spoil stockpile will be between Heitz Lane and Meadows Parkway. Heitz Lane will be closed to through traffic where it intersects with Metropolitan's Right of Way. The actual repair within the MWD easement is just south of Heitz Lane. Due to the close proximity of the repair area to Heitz Lane and the size of the excavator and crane necessary to make repairs, closure of the entire width of Heitz Lane will be necessary. The closure would be for a maximum duration nine days. Current traffic access along Heitz Lane between Meadows Parkway and Promenade Chardonnay Hills will be re-routed via La Serena Way per the attached Figure 1. The re-routing of traffic will be in accordance with a detour plan approved by the City. The following is the proposed Shut Down and Repair Work Timeline: May 24 to June 1,2007, 7:00 am to 4:00 pm - Site preparation begins including pre-excavation of repair site. (Removal of up to 5 feet of cover). June 2, 2007, 9:00 pm - Close Heitz Lane from Promenade Chardonnay Hills westto the boundary of Metropolitan's permanent Right of Way (This does not block any private driveways). June 2 through June 11, 2007 - Perform repairs as necessary to MWD's 96 inch pipeline. This activity will consist of a 24 hour. 7 davs a week work schedule. June 12,2007 - Re-open Heitz Lane. This emergency repair will involve the use of portable lighting, portable generators, welders, excavators, backhoes, dump trucks, and loaders. MWD is aware of the potential impact to the surrounding property owners and will take measures to minimize that impact as much as possible. MWD staff will perform public notification during the week of May 14'h to all residents impacted by the repair activities. This will include door-to-door notification with letters and contact numbers to MWD staff for the residents to submit concerns or complaints. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, forthose highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10,1991, which provided standards and procedures for special events, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The recommended resolution delegates the authority to approve the temporary street closure forthe proposed MWD pipeline repair work at Heitz Lane. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subjectto the approval of the City Council subjectto rules and regulations established by City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicle Code Section 21101. FISCAL IMPACT: None. ATTACHMENTS: 1. Resolution No. 07- 2. Figure 1 - Proposed MWD Repair Work Site RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING A TEMPORARY STREET CLOSURE FOR A PORTION OF HEITZ LANE BETWEEN PROMENADE CHARDONNAY HILLS AND MONTELENA CIRCLE FOR A DURATION OF UP TO NINE DAYS TO ALLOW FOR THE REPAIR OF METROPOLITAN WATER DISTRICT'S SAN DIEGO PIPELINE NO.5 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the California State Vehicle Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, the Metropolitan Water District (MWD) has detected approximately 20 wire breaks within a pre-stressed section of their 96-inch diameter San Diego Pipeline No. 5 at a location immediately adjacent to Heitz Lane; and, WHEREAS, the work area necessary to perform repairs to said pipeline will require the full-width closure of Heitz Lane between Promenade Chardonnay Hills and Montelena Circle; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve a temporary street closure on Heitz Lane between Promenade Chardonnay Hills and Montelena Circle to allow for the repair of MWD's 96 inch diameter San Diego Pipeline No. 5 during a single nine-day period between June 2 and June 11, 2007; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit the temporary street closure of Heitz Lane as shown on Figure 1 of this resolution and made a part thereof, for a period of up to nine (9) days during repair of MWD's 96 inch diameter San Diego Pipeline NO.5 as noted above. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of May, 2007. Chuck Washinton, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify thai the foregoing Resolution No. 05- was duly and regularly adopted by the City Council of lhe City of Temecula at a meeting thereof held on the 22nd day of May, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ABSTAIN: Susan W. Jones, MMC City Clerk ~ v ~c ~g J) " g ~ ~ o '0:, '" " Lilli " . ''', OM'A' "'.' '''H'' 'E) n I ~ IIU, "I. Il::I 111t11l1"jIU~"M' :10 l '!i'I'l'..!AlJ.,' AV III h''',' ", ,'" II I . " "I" " ~ ' I ~ '<"'::.: ~ '-:::~:::-" ,,~, "? /, I~-- . , II ITEM NO.7 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager fA'-~ /lR- eo...- CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: William G. Hughes, Director of Public Works DATE: May 22,2007 SUBJECT: All-Way Stop Control - La Serena Way and Walcott LanelCebu Drive PREPARED BY: Ali Moghadam, Principal Engineer - Traffic RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF LA SERENA WAY AND WALCOTT LANEICEBU DRIVE BACKGROUND: The City received a petition from the Serena Hill Homeowner's Association to review the feasibility of installing an all-way stop control at the intersection of La Serena Way and Walcott LanelCebu Drive, to provide right-of-way assignment for vehicular and pedestrian traffic. The Manual on Uniform Traffic Control Devices (MUTCD) indicates that a Multi-Way Stop installation may be useful at locations where the volume of traffic on intersecting roads is approximately equal andlor where a combination of high speed, restricted sight distance and an accident history indicates that assignment of right-of-way is necessary. A multi-way stop warrant analysis was performed to determine if the minimum warrant criteria for the installation of an All-Way Stop Control were satisfied. The analysis indicates that the applicable warrant criteria are satisfied and an All-Way Stop Control is iustified at the intersection of La Serena Way and Walcott LanelCebu Drive. At their meting of April 26, 2007, the PubliclTraffic Safety Commission considered the request and approved (4-0-1) the staff recommendation to establish an All-Way Stop Control at the intersection of La Serena Way and Walcott LanelCebu Drive. FISCAL IMPACT: Funds are available in the Public Works Signing and Striping Account. ATTACHMENTS: 1. Resolution No. 07-_ 2. Exhibit "A" - Location Map 3. Exhibit "B" - PubliclTraffic Safety Commission Agenda Report - April 26, 2007 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF LA SERENA WAY AND WALCOTT LANE/CEBU DRIVE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council has considered the facts justifying the need for stop signs proposed for the location described in this resolution. A. The City Council hereby finds and determines that installation of the stop signs pursuant to this resolution will enhance the public health, safety and general welfare at this location, and B. The City Council hereby finds the proposed stop signs will not create any adverse conditions in the area. Section 2. Pursuant to Section 10.12.100, of the Temecula Municipal Code, the following All-Way Stop intersection is hereby established in the City of Temecula. La Serena Way and Walcott Lane/Cebu Drive A. 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 this 22nd day of May, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of May, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk DANE CT LeIGH LN I- o 0 i. L- 150 300 ,- \.J!.. SERE v-rt '\ p.\..V'-~ p.-.J~ CJ!..\.\.E E\.EN\'P", AGENDA REPORT TO: FROM: Public/Traffic Safety Commission AIi Moghadam, P.E., Principal Engineer- Traffic DATE: April 26, 2007 SUBJECT: Itern 3 Requestfor Multi-Way Stop Signs - La Serena Way and Walcott Lane/Cebu Drive RECOMMENDATION: That the PubliclTraffic Safety Commission recommend that the City Council adopt a resolution establishing Multi-Way Stop signs at the intersection of La Serena Way and Walcott Lane/Cebu Drive. BACKGROUND: ( .) Staff received a petition from the Serena Hill Homeowner's Association to review the feasibility of installing multi-way stop signs and crosswalks at the intersection of La Serena Way and Walcott LanelCebu Drive, to provide right-of-way assignment for vehicular and pedestrian traffic. The public has been notified of the PubliclTraffic Safety Commission's consideration ofthis issue through the agenda notification process and by mail. La Serena Way is classified as a four (4) lane undivided Secondary Arterial roadway on the City's General Plan Circulation Element with two (2) travel lanes in each direction and turn lanes as needed. Currently in the area of Walcott LanelCebu Drive, La Serena Way is striped for one (1) travel lane in each direction, a painted median, and a bike lane in each direction. The Average Daily Traffic (ADT) volume on La Serena Way is 4,400 in the vicinity of Walcott LanelCebu Drive. The speed limit is posted at 45 MPH on La Serena Way. Walcott Lane is classified as a two (2) lane undivided Collector roadway on the City's General Plan Circulation Element with one (1) travel lane in each direction. Walcott Lane is currently striped for one travel lane in each direction with a left-turn lane at the intersection of La Serena Way. The ADT on Walcott Lane is 4,000 just north of La Serena Way. The speed limit is posted at 35 MPH on Walcott Lane. Cebu Drive is a 40 foot wide residential street which functions as a residential collector providing access to La Serena Way for numerous single family residential units in the Mirada subdivision. The ADT on Cebu Drive is approximately 1,000 at La Serena Way. The prima facie speed limit is 25 MPH on Cebu Drive. (-) In order to evaluate the need for multi-way stop signs, entering vehicular volume data, sight distance, and accident history was reviewed for the intersection. This data along with an evaluation of other roadway conditions was used to perform a Multi-Way Stop Warrant analysis. A copy of the traffic count data is included as Exhibit "C. 1 r:\lraffic\commissn\agenda\2007\0322\taserenaatwalcott-cebulajp A review ofthe accident history for the period from February 1, 2006 to February 28,2007, indicates . that there was one (1) reported collision at the intersection during this 12 month period. The Manual on Uniform Traffic Control Devices (MUTCD) indicates that a Multi-Way Stop installation may be useful at locations where the volume of traffic on intersecting roads is 'approximately equal andlor where a combination of high speed; restricted sight distance and an accident history indicates that assignment of right-of-way is necessary. Multi-Way Stop controls shOUld not be, used for controlling vehicular speeds. There are four (4) criteria thaUhe MUTCD has established for the evaluation of Multi-WaySfopsigns. These criteria are as follows: A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. An accident problem, as indicated by five (5) or more reported accidents in a twelve (12) month period that are susceptible to correction by a multi-way stop installation. Such accidents include right and left-tum collisions as well as right-angle collisions. C. Minimum Volumes 1 The vehicular volume entering the intersection from the major street approaches (total both approaches) averages at least 300 vehicles per hour for any eight (8) hours of an average day, and 2 The combined vehicular, pedestrian and bicycle volume entering the intersection ('. _ ') from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same eight (8) hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but 3 If the 8S-percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrants are 70 percent of the above values. D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values, Criterion C.3 is excluded from this condition. Other criteria that may be considered when evaluating the need for multi-way stops include: A. The need to controlleft-tum conflicts; B. The need to control vehiclelpedestrian conflicts near locations that generate high pedestrian volumes; C. Locations where a motorist, after stopping, cannot see conflicting traffic and is not able to reasonably safely negotiate the intersection unless conflicting cross traffic is also required to stop; and D. An intersection of two residential neighborhood collector streets of similar design and operating characteristics where multi-way stop controls would improve the traffic operational characteristics of the intersection. The multi-way stop warrant analysis performed for the intersection indicates that the applicable warrant criteria is satisfied and multi-way stop signs are iustified at the intersection of La Serena Way and Walcott LanelCebu Drive. l) 2 r:\traffic\commissn\agenda\2007\0322\laserenaatwalcotl-cebu/ajp ( ) ( ) '-.~/ Therefore, staff recommends that the Commission approve a recommendation that the City Council adopt a resolution establishing Multi-Way Stop signs at the intersection of La Serena Way and Walcott Lane/Cebu Drive. FISCAL IMPACT: Funds are available for the installation of signs and associated pavement markings in the Public Works Routine Street Maintenance Account. Attachment: 1. Exhibit "A" - LoCation Map 2. Exhibit "B" "7 Petition - Serena Hill Homeowner's Association 3. Exhibit "C" - Vehicular Volume Data 3 r:\traffic\commissn\agenda\2007\0322\laserenaatwalcott-cebulajp I~-- . , II ITEM NO.8 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ /J1l ao..- CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: William G. Hughes, Director of Public Works DATE: May 22,2007 SUBJECT: Approval of Plans ans Specifications and Authorization to Solicit Construction Bids for Installation of Traffic Signal Interconnect Equipment Project No. PW04-05 PREPARED BY: Ali Moghadam, Principal Engineer RECOMMENDATION: That the City Council approve the Plans and Specifications and authorize the Department of Public Works to solicit construction bids for I nstallation of Traffic Signal Interconnect Equipment, Project No. PW04-05. BACKGROUND: The purpose of this project is to install traffic signal interconnect equipment on Margarita Road between Rancho California Road and Pio Pico Road. The work includes installing interconnect conduit, communication pullboxes, 24 fiber single mode fiber optic cable in the conduit, fiber optic testing and documentation of fiber testing. The plans and specifications for the project have been completed and are ready for solicitation of construction bids. The Engineer's Construction Estimate for this project is $310,000.00. FISCAL IMPACT: The project is identified in the City's Capital Improvement Program budget for Fiscal Year 2007/2011. ATTACHMENTS: 1. Project Description 2. Project Location ~ ~ ~ i [-< ~ ~ [;oil [-4 b !:; . ~ ~\ Q '+l E= '<l " .- e !:o; ~ -, q ~ y aHV~ln'fd """'"""MNHO<"/ ~ 'y \ ~ / '\ .~"'" ~ ~~ z~ ..... 00 ) >-' ~ o ~ '6 p < ~ It., ~ ~ t % I<< t \ ~ ~ ~ ~ ~ $ ~ ~ z ~ ~ u ~ ~ ... u t:; c ~ ..~ 0 o~~ Q~OOOO ~ ~ 0.. 0.. o~ 0.. ..~l./'\Oo\{"l rJJe..-M.-lq" e c> ('f"l (") u u "" "" ",,"" ~ t}, 1;;' -;;; '61 .E\ "\t, .~ ~ ~ S $ .';\ .B g '-' ;; ~ o '-' 'is ..., M'~ r::~ .,.;~ ~'fi\~' "" "" ... ... ("\ .:,..< .- .~ eO ~ ~.~ F-i ~ ~ ~':"~ o 0 " O~"'S, ~.~.-co \ g t J!~.o o .~ g ~...'" ~~ca :<l '0' ~ ~t.'fi\ ,; A 5 .0 g .';\ .B g '-' ~ ~ % ~ .~ -;;; ~ .~ '" '-' .;$ o " 'p 1:1 ~.;; '-' fl '0 :s ~ ~ .. ~ ~ ..... ., <> ~,l-I ~~ ..~ .. ~ A <I.> \\ \\ '" .... . "" '" '" ..... 00 00 00 tO~ >f">>f"> ",'" ~ \\ \\ \\ p g .+'\ j\ g .\:1 '-' ~ '"' 0000' s:- 0' 0' 00' ~oooo \~Oo~ \D ,-t ~ ,.-I-c:t g (<"'1 en ..... o .;;0 .~ O. >f"> ;;>f"> " '" 't. "" '" .. ~~ eA '-' <> -..c... ....., ~g <l" 'J:l o~ ~~ ... '-' ~ g S '" ~ ~ ~ >-< ':S o .~ ,. g " '$ t 1 ~ <> u ... .- .. - <> .. ...~ ~~ ~~ ~""' ii:l71i:17rJ7~ o o o. o ... "" B .~ .. ~ .9- l:l ... .~ ~ .~ 1:J~;!!. a 'a .;;; Zl --d 0 Q 0 -..cuP..... """" M -< ..... . '" " " o;:::;\>< '" ... ~ ~ 2.e ::;;0 ~ .~ 0".0 o a e tng.~ ~~ ,. .... " 0 ""p..... "" ;;, .. '" o rn. u-d ~~ c!6"'" o"Q '" .. .. " j::l .. .. ::l ::l <> "",<I.> I~-- . , II ITEM NO.9 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V iJJ2 LJ(0 CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: William G. Hughes, Director of Public Works DATE: May 22,2007 SUBJECT: Contract for CCTV Camera Installation on Route 79 South and Pechanga Parkway - Project No. PW07-07 PREPARED BY: Ali Moghadam, Principal Engineer - Traffic RECOMMENDATION: That the City Council: 1. Award a contract to Crosstown Electrical & Data, Inc. to furnish and install intersection traffic monitoring CCTV cameras, communication equipment and fiber optic cable along Route 79 South, in the amount of $122,400.00 and authorize the Mayor to execute the contract, 2. Authorize the City Managerto approve change orders notto exceed the contingency amount of $12,240.00, which is equal to 10% of the contract amount. BACKGROUND: Earlier this year the City of Temecula received a grant from SB 621, Indian Gaming Special Distribution Fund - Local Government Mitigation, for mitigating impacts associated with tribal casinos. The grant can be used for providing additional emergency response services, public health services, and mitigating environmental impacts including reducing traffic congestion. The current grant allocation of $183,679.00 provides funding for the installation of two CCTV cameras, communication equipment, and fiber optic backbone to assist with traffic monitoring adjacent to the Pechanga Casino. The difference between the grant allocation and contract amount, which is $49,000, will be applied toward the second phase of the traffic monitoring project that provides CCTV camera and communication equipment on Pechanga Parkway between Route 79 South and Deer Hollow Way. In April 2007, staff solicited quotes from Crosstown Electrical & Data, Inc., to install intersection traffic monitoring CCTV cameras and communication equipment. The proposed project quote includes installation of fiber optic cable in existing conduit, and installation of CCTV cameras and equipment at the intersections of Route 79 South at Pechanga Parkway and at Bedford Court. The installation of fiber optic cable and communication equipment provides a backbone system for future CCTV camera installations along Route 79 South and Pechanga Parkway. Staff has reviewed the quote provided by Crosstown Electrical & Data, Inc., which has extensive experience performing intersection traffic monitoring projects for other public agencies including Caltrans, as well as the City of Temecula. In addition to serving as the City's maintenance contractor for the existing fiber optic cable and CCTV communication equipment, Crosstown Electrical & Data, Inc. has also installed the majority of the CCTV cameras and communication equipment in the City of Temecula. Crosstown Electrical & Data, Inc. helped in design and implementation of the City's current CCTV system. Crosstown also owns very expensive testing and fiber splicing equipment with expert engineers and technicians in the field of fiber optics. Awarding the contract to Crosstown Electrical & Data, Inc. will insure a turnkey project with no additional Change Orders and compatible with the existing system throughout the City. It is anticipated thatthis project will be completed within forty five (45) days, following issuance of the Notice to Proceed. FISCAL IMPACT: The CCTV Camera Installation on Route 79 South and on Pechanga Parkway is funded through SB 621 Special Distribution Funds. The total cost to furnish and install CCTV camera system is $134,640.00, which includes the contract amount of $122,400.00 and a 10% contingency amount of$12,240.00. Funds are available forthis project in Accl. No. 210-165- 635-5804. ATTACHMENTS: 1. Location Map 2. Project Description 3. Contract ~ ~ C\ .... t: g ~ \iil ~ ~ ~ "... '" Z ~ '< a 00 ~ ~ ~~ ~~ t:\Iot ~~ ~~ ~u ~ ~~ ~~ ~ Q 0 >4 ~ \ ~ (.;I ~ z -4... .~ ~ "'"i ~ ~\ o- f \lot .... :::\ ~ $ ~ ~ ~ ~ s '" q. .... ~ s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~'f" ~t ~~ ~ ~~ e~ ~~ "'~ %~ z ~ ~ VI ~ """' \"..) ~ <::;) .~ ,% ""' o g .~ o p. ~ .l:\ 6 '" o .:=,<~ ~ ~..... cl ~ '" 1l' 'G ~~i~ "';>-<"',% '% ~1~ \Z-<;;; 0'6 ~ ~.~.~ ~~~~ .,j ~ .0 ~ ($.... o-SQ)t) e 6'0' 0> 'S '" '?,"'O' ~q.!I.'?, "'.... -::0 0> ~.23.C+-\~ ...?o~ o 0 ""' ",~go q. 0>'0 'G t-+->:a.o !>. :l1 p. "" ~V.. .~ ~gg' '" .... ~~~~ 2! .p \) oS "'O~ g%~g .~ ~ ~ e .e.t\~o> g .9".t ~ o ~- ~ 0 on~~~ ."" ~ 0 ~ ~",g" .~ I"..~.? tU~~Q .~ ~l;;' ~o~cr n .;,.~.... 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",,'~ ..... .IS 0> '" :;:."" .. 0 o " <> '" .p ~ ~~ 'Gg ~ '(ii :::\ .;; ~i .~ .-0;:. g.,j g .~ ~.\3 ~ ~.,j ~ 'V) ~ .';1 d)!'4 uAO ,% .\> 'a .g e ~ t: .5'\ <a 'G ~ ~ '" % " 'i> % g .p <> 1f, ~ .~ 1 ~ {n ',B ""' o ~ .~ s ..... % q.....0 to~g ~,..;v) co....q. ....<-'''' ",,,,,,, 'di" l \Z-< g .~ ~ ~ .~ A ~~ ....~~ .~ $; '-../ ~" ~ g~~;.o o.'~ $. ~ 4r'l 11l <6 ~ ~ ~~ i:i ~ 0 "'~?\:-< ~ ~ .' u:S ~'a .;a"" 0"<> '" ~ 'a .. ~ ~ ",,'" g .~ g .. .g ~ 0 -.% ~ .~i ~ ~ iU 0 .-to A""' '" '" .,j ~ 'p '3 .,j .~ '" .~ 0> <> % '" ". ~ & .. :a ~ -0 % S 'a 8 ,g '0 ~ " o ""' o 0> .- o .... ~ CITY OF TEMECULA CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES CCTV CAMERA INSTALLATION ROUTE 79 SOUTH & PECHANGA PARKWAY PROJECT NO. PW07.{)7 THIS CONSTRUCTION CONTRACT, made and entered into as of May 22,2007 by and between the City of Temecula, and Crosstown Electrical Data, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Term. This Agreement shall commence on May 22, 2007 and shall remain and continue in effect until May 22, 2008, unless sooner tenninated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as ExhibitA. ('Work") and shall provide and fumish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be perfonned and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time setforth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. 3. COST OF WORK. For the Work described in Section 1. of this Agreement Contractor shall receive the sum of One Hundred Twenty Two Thousand Four Hundred Dollars and No Cents ($122,400.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit B. Any tenns other than a description of the work to be perfonned, costs of the work, or the payment schedule contained in Exhibits A or B is null and void and not part of this Agreement. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perfonn 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 City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. CHANGE ORDERS. The City Manager may approve additional payment up to ten (10%) of the Agreement, but in no event shall the total sum ofthe Agreement (basic contract amount and change order(s) exceed twenty-five thousand dollars ($25,000.00). Change orders exceeding these limits shall be approved by the City Council. 7. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submitto City, in writing, all claims for compensation under or 1 R:ICIPIProjecIsIPW07-07\AgreemenIsICrosslown Electrical Contract arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against 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. 8. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Intemet website at http://v.ww.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District 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. 1 O. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (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 underthis Agreement. 2 R:ICIPIProjecIsIPW07-07\AgreemenIsICrossfown Electrical Contract 11. 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. 12. 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 Scooe 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 numberCA 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. Oeductibles 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 3 R:ICIPlProjectsIPW07-07\AgreementsICrosstown Eleclrical Contract 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 District, 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 ofthe policies including breaches of warranties shall not affect coverage provided to the District, 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. Accegtabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless othelWise acceptable to the District. f. Verification of Coveraqe. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 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." 13. TIME OF THE ESSENCE. Time is ofthe essence in this Contract. 14. 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 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 4 R:ICIPlProjectsIPW07-07\AgreementsICrosslown Electrical Contract not incur or have the power to incur any debt, obligation or liability whatever against 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, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILlllES. 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. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this 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 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. Norwill such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this 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. 18. 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. 19. UTILITY LOCATION. District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. 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 IMthin a reasonable time after completion of the Work. 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. 5 R:ICIPlProjectsIPW07 -Q7\AgreementsICrosslown Electrical Contract 23. WRITTEN NOllCE. 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 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Crosstown Electrical Data, Inc. 5463 Diaz Street Irwindale, California 91706 Attention: David P. Heermance 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 ofthe City. 25. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 27. PROHIBITED INTEREST. No officer, or employee of the City ofTemecula 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 CityofTemecula 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. 28. 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. 29. 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. 6 R:ICIPIProjectsIPW07.07\AgreementsICrosslown Electrical Contract "" "" IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR Crosstown Electrical Data, Inc. 5463 Diaz St. Irwindale, CA 91706 (626) 813-6693 Dave Heermance, Owner 7 R:\CIPIProjectsIPW07-07\AgreementsICrosslown Electrical Contract EXHIBIT A SCOPE OF WORK CONSTRUCTION SERVICES CCTV CAMERA INSTALLATION ROUTE 79 SOUTH & PECHANGA PARKWAY PROJECT NO. PW07.{)7 6 R:\CIPlProjectsIPW07-07\AgreementsICrosslown Electrical Contract !;!:fl{~~~ May 8, 2007 Revision 1 Mr. Richard Uribe City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Mr. Uribe: Crosstown Electrical and Data, Inc. is pleased to present a revised quotation to install a fiber optic and CCTV system in the City of Temecula. Item 1 -Ynez Road Fiber Optic and Pechanga/79 South CCTV Scope of Work: 1.) Install approximately 15,000 feet of Corning 24 fiber single mode cable on Ynez Rd. between Ynez/Rancho California and Pechanga/Route 79 in a combination of existing city-owned and cable TV conduit. 2.) Provide one 24 fiber through splice and terminate 24 fibers at both endpoints. 3.) Provide and install double deep #6 pull box at two locations. 4.) Provide and install a new 334-TV Hub cabinet and 4 channel Video/Data Multiplexer at Pechanga Pkwy and Highway 79 South. 5.) Install a new 4 channel Video/Data Demultiplexer at the TMC. Cable into existing video switch and control system. 6.) Provide and install new Pelco camera on existing pole at Pechanga Pkwy and Highway 79 South. 7.) Provide and install fiber optic video transmitter and all jumpers, cables and accessories. 8.) Provide and install video receiver at hub. 9.) Perform cabling and setup at TMC necessary to provide video and control. 10.)perform CCTV integration with existing system The price to perform this work is $73,300. Item 2 - 79/La Paz to 79/Bedford Scope of Work: 1.) Install new 2" crossing across Route 79 at Bedford. 2.) Install two new #6 pullboxes. 3.) Install 24 fiber cable in existing conduit from 79/La Paz to 79/Bedford 4.) Install new underground splice enclosure at 79/La Paz and splice 24 fiber cable to trunk line. 5.) Provide and install new 40' CCTV pole with new foundation at Hwy 79/Bedford. 6.) Provide and install new Cohu 3925-5100/PEND camera on new pole. 7.) Provide and install new 334-TV cabinet at Hwy 79/Bedford. 8.) Terminate 24 fiber cable in new FDU in cabinet. 9.) Install new Type III Electrical service on new foundation at Hwy 79/Bedford for future use (service conduit is not included). 10.) Provide and install fiber optic video transmitter and all jumpers, cables and accessories. 11.) Provide and install video receiver at hub. 12.) Perform cabling and setup at TMC necessary to provide video and control. 13.) Perform integration and testing with existing system using temporary power. 5463 Diaz St. lrwindale, CA 91706 Phone (626) 813-6693 Fax (626) 813-6604 EXHIBIT B. SCHEDULE OF PAYMENT 9 R:ICIPlProjectsIPW07-07\AgreementsICrosslown .Eleclrical Contract Per your request, the electrical service will be installed next to the 334- TV cabinet. but conduit to the electrical provider is not included. The system will be tested using temporary power (generator). The price to perform this work is $49,100. Pricing breakdown for Item 1: I Item I Fiber and Terminations I Camera and Cable I 334-TV Hub Cabinet and Electronics I Equipment at TMC I TOTAL Price I $ 44.800.00 $ 6.000.00 I $ 18,200.00 I $ 4,300.00 I $ 73,300.00 I Pricing breakdown for Item 2: I Item I Camera and Cable I Fiber and Terminations I Pole and Foundation I 334-TV Cabinet and Electronics I Conduit and Pullboxes I Service I TOTAL Price I $ 6.400.00 I $ 5,500.00 $ 10,600.00 I $ 12,500.00 I $ 10,900.00 I $ 3,200.00 I $ 49,100.00 I The total price to perform this work is $122,400. Sales taxes and shipping costs are included. Exclusions: Bonds, Permits, Fees. Please call me if you have any questions concerning this quotation. Sincerely, David P. Heermance Regional Director 5463 Dia. St. Irwindale, CA 91706 Phone (626) 813-6693 Fax (626) 813-6604 Ii - I. ITEM NO.1 0 I I Approvals City Attorney Director of Finance City Manager ~r /JIL aa.- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: May 22,2007 SUBJECT: Annual Purchase Agreement for fY2007-2008 for the Purchase of Asphalt Products PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the purchase agreement for fiscal Year 2007-2008 with CalMat (dba Vulcan Materials Company) for the purchase of Hot Mix Asphalt and SS1 H Emulsion Tack for street and pothole repairs in the amountof$100,000.00 and authorize the mayor to execute the agreement. BACKGROUND: Due to additional streets that have been annexed into the City and streets that have been accepted City street maintenance system, the Public Works Maintenance Division has experienced an increase in the number of streets and potholes that require repairs. This results in an increase in the quantity of hot mix asphalt and SS 1 H tack needed to provide street maintenance and repairs for the fiscal Year 2007-2008. Therefore we are requesting that the City Council approve the purchase agreement with CalMat, for fiscal Year 2007-2008. CalMat is currently a sole source vendor in the Southwest Riverside County for the purchase of hot mix asphalt and SS 1 H emulsion tack which can only be purchased at two (2) plant locations in Romoland and Corona. FISCAL IMPACT: Adequate funds are currently programmed in the fiscal Year 2007- 2008 Operating Budget which is scheduled for adoption on June 12,2007 for the Public Works Maintenance Division for Routine Street Maintenance operating budget. ATTACHMENTS: Purchase Agreement NON-EXCLUSIVE COMMODITY AGREEMENT PUBLIC WORKS MAINTENANCE DIVISION HOT MIX ASPHALT and SS1H EMULSION TACK ANNUAL AGREEMENT FY 2007-2008 CITY OF TEMECULA THIS AGREEMENT is made and entered into as of May 22, 2007, by and between the City of Temecula, a municipal corporation and CalMat (dba Vulcan Materials Company) (Vendor). In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows: 1. Purchase of Goods Intent of Parties. Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non- exclusive procurement of hot mix asphalt and emulsion as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non-exclusive and the City reserves the right to purchase similar goods from other vendors. 2. Term of Agreement. This Agreement shall commence on July 1, 2007 and shall terminate as of June 30, 2008. 3. Payment. The City agrees to pay the Vendor for actual material ordered and received with an annual not to exceed amount of One Hundred Thousand Dollars and No Cents ($100,000.00). City acknowledges that the cost of the materials is variable and can rise or lower depending on market place variable. The City may purchase up to the maximum value specified herein. Vendor will submit invoices monthly for actual merchandise ordered and received by City. Invoices shall be submitted between the first and fifteenth day of each month for merchandise purchased and accepted. Payment will be made within thirty (30) business days following the receipt of invoice as to all non-disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4. 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 legal, valid, and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Ooeratinq Condition. Vendor has good and marketable title to all of the material. All of the material is free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. Vendor warrants to the City, only that the materials sold hereunder shall be of the quality specified in this Agreement. Vendor warrants to the City only that for a period of one (1) year from the date of delivery that the materials sold hereunder substantially comply with City's specifications for said materials. Seller hereby excludes all warranties of merchantability and fitness for any purpose, and all other' warranties expressed or implied, of the materials sold hereunder, other than express warranty stated above. 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. 1 r:IMaintainlWorkorderslContract Mastor\2007 -20081Cal Mat Agnnt 07-08 5. Time and Place of Purchase of Material The date and time of delivery of the material shall be at a mutually agreed upon schedule. City is to give Vendor a proposed schedule for delivery a reasonable time before delivery is to be made. The material shall be picked up by the City at one of the business locations as stated on the purchase order or at time of material order. Vendor's obligation to deliver is subject to Vendor's prior express agreement regarding proposed schedule, and is further subject to the availability of transportation and the availability of material. 6. Inspection and Acceptance.. City shall inspect the material at the time and place of purchase. Such inspection may include reasonable review by City. If in the determination of the City, the material fails to conform to the composition required for usage, City shall so notify Vendor at the time of pick-up of material by City. Failing such notice, the material shall be deemed accepted by City as of the date of receipt. 7. Rejection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option (1) reject whole of the material, (2) accept the whole of the material, or (3) accept any commercial unit or units/portions of the material and reject the remainder. The exercise of any of the above options shall be ''without prejudice" and will full reservation of any rights and remedies of City attendant upon breach. In the event of such notice and election by City, the City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions Vendor shall be responsible for reasonable expenses incurred. 8. No Replacement of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the material tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the material or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 9. Non-Assignability. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 10. Independent Contractor. The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the ContractorNendor shall at all times be under Contractor'sNendor's exclusive direction and control. 11. Legal Responsibilities. The Vendor shall keep itself informed of all local, State, and Federal ordinances, laws, regulations, and procedures which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Vendor shall at all times observe and comply with all such ordinances, laws, regulations and procedures. The City, and its officers, agents, employees, and volunteers shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 12. Indemnification. The Vendor 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 reasonable, actual 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 negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. Vendor, however, shall not be obligated under this Agreement to indemnify City for the negligence or willful misconduct of City or its agents or employees. 13. Termination or Suspension. This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. At such time of termination or suspension, Vendor shall be entitled to payment for outstanding amount due Vendor for deliveries shipped prior to City's termination or suspension of this Agreement. 2 r:IMaintainlWorkorderslContract Maslor\2007 -20081Cal Mat Agnnt 07.08 14. 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. 15. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative of all other remedies and rights accorded the City under law or equity. 16. 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 17. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. 18. Entire Agreement. This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 3 r:IMainlainlWorkorderslContract Mastor\2007 -20081Cal Mat Agrmt 07.08 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TEMECULA Chuck Washington, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As To Form: Peter M. Thorson, City Attorney Vendor: CalMat (dba) Vulcan Materials Company 2400 W. Highland Ave. San Bernardino, CA 92407 Phone: (909) 421-4162 Don Luna, District Sales Manager John Gasparo, Area Sales Manager 4 r:IMaintainlWorkorderslContracl Mastor\2007.20081Cal Mal Agnnl 07.08 Exhibit A Annual Purchase of Hot Mix Asphalt and SS1H Emulsion Tack for Street and Pot Hole Repairs at market pricing to exceed amount for non-exclusive purchase of hot mix asphalt and SS1 H emulsion tack is $100,000.00. This purchase amount listed herein is an estimated expenditure and this agreement attached hereto as though set forth in full does not guarantee vendor this amount in purchases. 5 r:IMaintainlWorkonJerslContract Mastor\2007 -20081Cal Mat Agnnt 07.08 Ii - I. ITEM NO. 11 I I Approvals City Attorney Director of Finance City Manager JM.(" /112- 0G..- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: May 22,2007 SUBJECT: Annual Purchase Agreement for Citywide Street Name Signs, for fiscal Year 2007-2008 PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve an annual agreement with Main Street Signs for the purchase of Citywide street name signs, traffic control signs, replacements and materials for repairs in the amount of $75,000.00 for fiscal Year 2007-2008 and authorize the Mayor to execute the agreement. BACKGROUND: The Public Works Maintenance Division requested quotes from three (3) sign manufacturing vendors for the purchase of Citywide street name signs, traffic control signs, and hardware for sign replacements and repairs. Main Street Signs provided the lowest quote for the Citywide signs and necessary hardware for new installations, replacement, repair and related hardware. Main Street Signs has been providing all City street name signs and repair hardware for 14 years. In obtaining price quotes from various vendors, Main Street Signs has consistently been the lowest and most responsible bidder in providing the City with exceptional; and reliable service for the past 14 years. Now that the City has grown, our needs for street name signs and repair hardware has increased resulting in costs exceeding $60,000.00. In order to remain consistent with the City's current street name sign stock, and to maintain the ability to provide signs and hardware within 24 to 48 hours from the vendor for sign installations and repairs we are requesting approval to enter into a contract with Main Street Signs for these services. FISCAL IMPACT: Adequate funds are programmed in the fiscal Year 2007-2008 Operating Budget for the Public Works Department, Maintenance Division and Public Works Traffic Division Signs Account. ATTACHMENTS: Contract NON.EXCLUSIVE COMMODITY AGREEMENT PUBLIC WORKS MAINTENANCE DIVISION CITY STREET NAME SIGNS ANNUAL AGREEMENT FY07-08 CITY OF TEMECULA 43200 Business Park Drive Temecula, California 92590 THIS AGREEMENT is made and entered into as of May 22,2007, by and between the City of Temecula, a municipal corporation and Main Street Signs (Vendor). In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows: 1. Purchase of Goods. Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non-exclusive and the City reserves the right to purchase similar goods from other vendors. 2. Term of Agreement. This Agreement shall commence on July 1, 2007 and shall terminate as of June 30, 2008. 3. Payment. The City agrees to pay the Vendor for merchandise ordered and received with an annual not to exceed amount of Seventy Five Thousand Dollars and No Cents ($75,000.00) for the total term of the Agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and accepted. Payment will be made within thirty (30) business days following the receipt of invoice as to all non-disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authoritv 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 I?een 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 legal, valid, and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Ooeratinp Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Contract Documents that may be attached hereto or incorporated herein. 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. 5. Time and Place of Delivery. The date and time of delivery of the merchandise shall be stated' at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 1 r:\MaintainIWorkordersIContract Maslor\2006.2007\Main Street Signs 06.07 Agnnt 6. Risk of Loss. Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 7. Inspection and Acceptance. City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 8. Rejection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option (1) reject whole of the merchandise, (2) accept the whole of the merchandise, or (3) accept any commercial unit or units/portions of the merchandise and reject the remainder. The exercise of any of the above options shall be ''without prejudice" and will full reservation of any rights and remedies of City attendant upon breach. In the event of such notice and election by City, the City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions Vendor shall indemnify in full for such expenses. 9. No Replacement of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the merchandise or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 10. Non-Assignability. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. Independent Contractor. The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the ContractorNendor shall at all times be under Contractor'sNendor's exclusive direction and control. 12. Legal Responsibilities. The Vendor shall keep itself informed of all local, State, and Federal ordinances, laws, regulations, and procedures which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Vendor shall at all times observe and comply with all such ordinances, laws, regulations and procedures. The City, and its officers, agents, employees, and volunteers shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 13. Indemnification. The Vendor 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 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. 14. Termination or Suspension. This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. 15. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, and performance of this Agreement. 16. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative of all other remedies and rights accorded the City under law or equity. 2 r:IMaintainlWorkorderslContract Mastorl2006-2007lMain Street Signs 06.07 Agrmt 17. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fUlly valid, enforceable, and binding on the parties 18. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. 19. Entire Agreement. This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 3 r:IMaintainlWorkorderslContract Mastor\2006.2007\Main Street Signs 06-07 Agnnt IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TEMECULA Chuck Washington Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As To Form: Peter M. Thorson, City Attorney Vendor: Main Street Signs 1211 W. Brooks St., #A Ontario, CA 91762 Phone: (909) 391-0988 FAX: (909) 391-0249 Chuck Atha, Owner 4 r:\MainlainIWorkorderslContract Mestor\2006-2007\Main Street Signs 06.07 Agrmt Exhibit A Description and Price List of Merchandise 5 r:IMaintainlWorkorderslContract Mastor\2006-2007\Main Street Signs 06.07 Agrmt EstiMate DAT! MAIN STREET SIGNS 1211 W. BROOKS ST. aTE. A ONTARIO, CA 91762 41'1712007 809.381-11888 fAX 801-181.0248 Na.\! laDDRllaa CITY OF TEMECllLA ATIN:ACCTSPAYAllW PO BOX 9033 TJ;MF.CULA, CA 92589-9033 BRAD BUROH Tell.. N.!t30 '~_n___._ ._..., .___... ....---~... ... -'0"_._.. SIGN oeSCRIPTION QTY UNIT TOTAL _.-. .-..----... .. .....--.-... ......-. --..--.--.... ...-.---." RI.I STOP SIGN 31)" HHNT 1160 I 39.00 39.001 lU.t SPEED LIMIT (25) 24X30 I 22.00 22.ooT R4-7 KEr,p RIGHT SYMBOl. 24X30 I 22.00 22.00T W55 FLOODED 30" 1 27.00 27.00r W5 CURVE (ARROW) 36" 1 35.00 35.00T 093 BIKE ROUTE 24X18 1 13.75 13.75T R3S TRUCK ROUTE 24X24 1 17.50 17.50" CIS ROAD CONSTRUCTION AHBAD 36" t 34.00 34.00T lUG NOPARKINGANYTJMB '2X'S I 6.95 6.9ST W57 SINGLE J:lBAl) ARROW SYMllO\. 36X 18 1 19.50 ]9.50T RII DO NOT ENTER 30' t 27.50 27.50T CS DETOUR WfAJUl.OW 3GXI2 1 13.50 ]3.$01' SALES TAX 7.75% 21.si TOTAL $299.22 'A.i~i. QUOTES GOOD FOR 30 VA Y5. THANK YOU FOR. CONSIPlmiNGMAiN . ".....-.--. ..-.-......-....... ST. SION$ ~OR ALL YOUR SIGN NBEDSI YOU CAN ALSO E.MAII.. us AT 4moiooI2@gte.net Ii - I. ITEM NO. 12 I I TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager V /1/2 (JO..." CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works May 22,2007 Public Works fiscal Year 2007-2008 Annual Maintenance Contracts PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: fiscal Year 2007-2008. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. That the City Council approve the Annual Maintenance Contracts for Del Rio Enterprises GIS Road Works Strong's Painting Tiger Equipment Grading & Excavation Pacific Striping, Inc. Becker Engineering Rene's Commercial Management Monteleone Development Imperial Paving Co., Inc. $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $100,000.00 $200,000.00 $200,000,00 $200,000.00 $200,000.00 BACKGROUND: Each year the City enters into numerous Citywide routine street and storm drain maintenance contracts with various contractors that perform minor (small jobs) maintenance work throughout the City. These jobs usually range in cost from over $1,000.00 to under $25,000.00 and involve miscellaneous repairs to roadways, drainage areas, sidewalks, curbs, gutters, storm drains, including excavation and emergency call-out. Nevertheless, each requires a contract between the City and contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under contract ten (10) contractors that are very capable of performing routine jobs and emergency repairs with little notice. FISCAL IMPACT: Adequate funds are currently programmed in the fiscal Year 2007- 2008 Operating Budget which is scheduled for adoption on June 12,2007 for the Public Works Maintenance Division Operating Budget for; Drainage facilities Maintenance; Routine Street Maintenance; Old Town Repair & Maintenance; and other Outside Services. ATTACHMENTS: Contracts CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2007-2008 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of May 22,2007 by and between the City ofTemecula, ("City") and Del Rio Enterprise ("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 T emecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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 setforth 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, 2007 and shall terminate as of June 30, 2008 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 s'ubmitted 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 work being preformed 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. 1 R:\maintain\workorders\master const\AnnualContract\2007-2008\Del Rio Annual Contract 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 ofthe 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. OEFAUL T OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis 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 const\Annual Contract\2007-2008\Del Rio Annual Contract 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 Scooe of Insurance. Coverage shall be at least as blOad 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; orthe 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: 3 R:\maintain\workorders\master const\Annual Contract\2007-2008\Del Rio Annual Contract (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, 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 ofthe 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. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless othelWise acceptable to the City. f. Verification of Coveraae. 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 affecting 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. 4 R:\maintain\workorders\master const\Annual Contract\2007-2008\Del Rio ArulUa! 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 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 subjectto inspection and testing by the City and its authorized representatives during manufacture and work preformed 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 IMthin a reasonable time after completion of the Work. ns R:\maintain\w,,~:~v~";'..~~.\master const\Annual Contract\2007-2008\Del Rio Annual Contract 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 party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Del Rio Enterprise 42181 Avenida Alvarado Temecula, California 92592590 (951) 676-4550 Attention: Mike Mullins 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 attomey fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City ofT emecula 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. 6 R:\maintain\workorders\master const\Annual Contract\2007.2008\Del Rio Annual Contract 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. 7 R:\maintain\workorders\master const\Annual Contract\2007-2008\Del Rio Annual Contract 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, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR Del Rio Enterprise 42181 Avenida Alvarado Temecula, CA 92590 (951) 676-4550 Mike Mullins, Owner 8 R:\maintain\workorders\master CODSt\AnnUal Contract\2007-2008\Del Rio Annual Contract 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 upon real and personal property ofthe City ofTemecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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 ofthe 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\master const\Annual Contract\2007-2008\Del Rio Annual Contract EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\master const\Annual Contract\2007-2008\Del Rio Annual Contract RECEIVED APR 1 7 2007 CITY OFTEMECUl.A PUBLIC WORKS DE~;\RTiv1ENT 42181 Avenida Alvarado, Temecula CA 92590-3429 . (951) 676-4550 . FAX (951) 676-2136 City of Temecula Public Works Department 43200 Business Park Drive Temecula, CA 92590 Re: Updated Time & Material Sheet Mr. Brad Buron, Thank you for giving us the opportunity to be a part of your team. I have enclosed the following: 1. Updated Time & Equipment Price List 2. Certificate ofInsurances: A. Workers Compensation Insurance B. General Liability Insurance (renews this month, will send new one as soon as we get it) C. Auto Liability Insurance 3. Scope of work List 4. Corrugated Metal Pipe Price List When we execute an agreement we will provide all proof of State Department of Industrial Relations Prevailing Wage and Certified Payroll Documentation. If you should have any additional information or any further questions please contact me at (951) 696-4550. Sincerely, Mike Mullins Owner 42181 Avenida Alvarado, Temecula CA 92590-3429. (951) 676-4550. FAX (951) 676-2136 Rough Grading Fine Grading Excavation Demolition Saw-cut Import & Export Erosion Control Curb Rip-Rap Flood Repair Flood Control Corrugated Metal Pipe Installation Underground Storm Drain Corrugated Metal Pipe Retailer Scope of Work Asphalt Paving Cocnrete Paving Curb & Gutter, Ribbon Gutter Spandrel & Cross Gutter Drive Approach V-Ditch Grinding & Overly Medians Sidewalk AC Berm Remove & Repair Concrete 42181 Avenida Alvarado, Temecula CA 92590-3429' (951) 676-4550' FAX (951) 676-2136 TIME & EOUIPMENT RATES Title Hour~ Overtime Double time Nil!'ht Time C.p,","u;'......I- 55.00 82.50 11 0.00 135.00 Labor 55.00 82.50 11 0.00 135.00 Foreman 61.00 91.50 122.00 147.00 J.D. Skip loader 4X4 wI Gannon 11 0.00 165.00 220.00 245.00 J.D. Skip loader wI spreader bar 115.00 172.50 230.00 255.00 Cat 426 Backhoe 11 0.00 165.00 220.00 245.00 18" compactor wheel 25.00 37.50 50.00 75.00 140G Blade 135.00 202.50 270.00 295.00 Laser per day 140.00 210.00 280.00 305.00 Field Laser per day 55.00 82.50 110.00 135.00 Cat 246 Skid Steer wI bucket 103.00 154.50 206.00 231.00 Cat 246 Skid Steer wI breaker 108.00 162.00 216.00 241.00 Cat 246 Skid Steer wI sweeper 108.00 162.00 216.00 241.00 966 Loader wI smooth bucket 115.00 172.50 230.00 255.00 980 Loader wI teeth 135.00 202.50 270.00 295.00 Rock Bucket 15.00 22.50 30.00 55.00 Smooth edge attachment for 980 15.00 22.50 30.00 55.00 Cat 613 Scraper 125.00 187.50 250.00 275.00 Low Bed 103.00 154.50 206.00 231.00 10 Wheel dmnp truck 10 CY 85.00 127.50 170.00 195.00 Bobtail dmnp truck 6 CY 75.00 112.50 150.00 175.00 2,500 gal. Water Truck 75.00 112.50 150.00 175.00 4,000 gal. Water Truck 85.00 127.50 170.00 195.00 Wacker daily 65.00 97.50 130.00 155.00 Vibraplate daily 65.00 97.50 130.00 155.00 Demo saw daily 80.00 120.00 160.00 185.00 Saw & Truck 135.00 202.50 270.00 295.00 3/5 Ton Roller 105.00 157.50 210.00 235.00 8/10 Ton Roller 115.00 172.50 230.00 255.00 Ford LN 7,000 20' flatbed 75.00 112.50 150.00 175.00 Tool Truck 85.00 127.50 170.00 195.00 Form Truck 155.00 232.50 310.00 335.00 Water Meter 50.00 75.00 100.00 125.00 Water Cost 2,500 gal. 13.00 19.50 26.00 51.00 Water Cost 4,000 gal. 20.00 30.00 40.00 65.00 Dump Trailer 35.00 52.50 70.00 95.00 2050 Mustang Skid Steer 105.00 157.50 210.00 235.00 U35 Zero Tail Kubota Excavator 115.00 172.50 230.00 255.00 All materials to be billed at invoice price plus 20% overhead and profit 42181 Avenida Alvarado, Temecula CA 92590-3429. (951) 676-4550. FAX (951) 676-2136 Size Metric 12" 300mm 15" 375mm 18" 450mm 21" 24" 600mm 30" 750mm 36" 900mm 42" 1050mm 48" 1200mm 16 Gage Galv. A.C 11.24 16.29 14.18 20.54 16.59 24.06 19.31 28.00 22.36 32.41 27.80 40.32 32.78 47.52 37.73 54.74 44.38 64.35 Corrujtated Metal Pipe Price List As of April 2007 14 Gage Galv. A.C. 14.26 20.66 17.45 25.32 20.98 28.97 24.19 33.41 27.71 37.27 34.43 47.55 44.76 61.82 50.43 69.65 56.47 77.97 12 Gage Galv. A.C. 19.70 26.89 24.63 33.63 28.70 37.32 38.62 50.21 49.74 64.66 53.64 69.74 67.10 87.22 76.45 99.38 Bands Galv. 23.27 25.56 28.04 29.66 32.48 37.69 42.34 47.46 52.41 A.C. 27.91 30.68 33.64 38.97 44.88 50.81 56.95 62.87 All items in bold are stock items, all other items are special order items (lead time may take up to 10 business days). CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2007-2008 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of May 22,2007 by and between the City of Temecula, ("City") and GSI ("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 T emecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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, 2007 and shall terminate as of June 30, 2008 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 requii'ed 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 work being preformed 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. 1 _ R:\maintain\w....~~Wi..:.....~\master const\Annual Contract\2007-2008\GSI Annual Contract 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 T emecula. 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 ofthe 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. OEFAUL T 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 const\Annual Contract\2007-2008\GSI Annual Contract 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 Scooe 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: 3 R:\m~\workorders\master const\Annual Contract\2Q07-2008\GSI Annual Contract (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, 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 ofthe 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 ofthe insurer's liability. (S) 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. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless othelWise acceptable to the City. f. Verification of Coveraoe. 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 altemative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 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. 4 R:\maintain\workorders\master const\Annual Contract\2007-2008\GSI Annual 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 RESPONSIBILlllES. 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 maybe 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 work preformed 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 IMthin a reasonable time after completion of the Work. s R:\maintain\workorders\master const\Annual Contract\2007-2Q08\GSI Annual Contract 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. YVRITTEN 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 POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: GSI 31275 Pescado Drive Temecula, California 92592 (951) 303-0878 Attention: Gary Ingram 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 attomeyfees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula 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. 6 R:\maintain\workorders\master const\Annual Contract\2007-2008\GSI Annual Contract 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. 7 R:\maintain\workorders\master const\Annual Contract\2007-2008\GSI Annual Contract 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, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR GSI 31275 Pescado Dr. Temecula, CA 92592 (951) 303-0878 Gary Ingram, President 8 R:\maintain\workorders\master const\Annual Contract\2007-2008\GSI Annual Contract 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 upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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 transmitthe Requestfor 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\master const\Annual Contract\2007-2008\GSI Annual Contract EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\master const\Annual Contract\2007~2008\GSI Annual Contract , 31275 Pescado Drive . Temecula, CA 92592 . Phone: (951) 303-0878 . Fax: (951)302-3915 April 25, 2007 City of Temecula Brad Buron, Public Works Maintenance Superintendent 43200 Business Park Drive Temecula, CA 92590 Re: Time and Material Sheet Mr. Buron: Thank you for considering GSI for the City's emergency routine maintenance program. Per your request I have attached a time and material sheet for your review. We look forward to doing business with you in the near future. Enclosures: time and material sheet 2007 R"",ir:,"!' I 1l.1b='io,,-=J' D WI) ::::::; zon7 t:..a ~\ ... eiT'" "-',,~- .;l):ECULA PUBliC \! '.' :"'E P/\RTMENT jlll!ilil~iiilliJ:iWIIiIJ~ILlilllIj,illlll:iUMl.lwWiLWliiIIIIIIIlliAlll~ilWlIllillJ~l~lI~jlll~!M.UilWjii!ig~l~liI.~~WIlIllMli~iIWIIllllllllllll~*1II~~.~iIW\Ull~IWi.ll:llu_IIiIli~IIiWiIll~jllllil/jlMlUijjj.Ulliijill~Y1!l~~iJIjj,!' Model 950G HOURLY RATE $205.63 ~lIIi'~M~II.IUi~ilIjl~~I~.lIlIii8~Wwj~M~UIIUjJj,JUJ~l.i.UiiIlll~~I/jj~jihWl~~jj~i~~alli.iUII.llll~w~~ij~~~idiU~~_~IIWl~~"I/lilWlIWIlIWlld~lil.jl~WU1J~i~lillliWlliIil8I Model 140H HOURLY RATE $215.00 'i~i~lIIl1li1i!.1lliWiiil.ml.i.u.ui~~W~I~~illllllil.l\llIJlWUll.llI.ljliU~IIj~Uiillii~I~I.ii~ilIJIIWlililiil.llllYIi.II~~jilh~lWlIWllI!lli~WoIw,dIJm IJIIII III '\lI~uJlll!ll.ill~ilIliiJlII~UIlj'idlllilUJll.i.~IIIu.l~lWlljjllil.'iYI!Mdillljilijlilrlilill~_ilill Model D6R HOURLY RATE $224.38 '1~~iii~i~~!iUlJ~~I/jdi~m~.Id~I~~._I~lWlli~I.WJII~~i~_~II.iWlDljllillu.ll.lllllU~MWW~1_~iiW~liIIOl6lluaj~~IiI~~~jl~~Il!jjW~II~iililIW_ Model 320 CL HOURLY RATE $187.50 jidliitlljljllrU~~ji,.IOlI.IIoIiIIII''''illll''iWjliill'lllloWilllillllililljl!j.iI~JlIlIilll~lWoj.illlili\Wl,lllilllllilMi,~iilOI.lWIooi!lo"'lIIjWll~~IIIIW~iiIIIIIIIUlalllililllll:l/illiWIllUlIIUill~l'IIiiiWIill&:ijIlUllllllilli/lj~.II\i:W1WWlOI!II'iiAW,iIiIliiilil:llilidlllliiililUI.UlIlill. Model 426 HOURLY RATE $171.00 ~~I:IllJiIl\WIiWI/l!j.l.U:llWlki~iI/,M~l!/j~__liIillli~""~iIl.\Liilll~WM:lW'iil.il:ili'illll.i~~l!iIIllIII~I.li.llU~~UMW'~IIl.~~ilI:illiiilljl!j~lIiIII'IWII~ilril/jb,~lIIlliIIMI~~_llliWI.~~U.uii!~l8. Model 2000 Gal. HOURLY RATE $142.00 Model SUPER 10 10-WHEELER TRANSFER TURCKS BOTTOMS END DUMPS HOURLY RATE $155.00 $155.00 $155.00 $155.00 $155.00 ni~lli_ll"illWWlI"U_il~lIIIii_,~MWll.ljj~lilIJUUJi:W~WII.Il.ililI~l~lWWiWlWlLUl~I_li~_~~kW!I.iiWjWII.~liol~~"i~li&~lw..I"IM~llUI~IIiIIIli.IJl"I'ilWJl.lIi~~'~iIB~~.mwUl LABORERS Flag_men Traffic Control Eauipment move-in I more-out HOURLY RATE $75.00 $75.00 $150.00 CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2007-2008 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of May 22,2007 by and between the City ofTemecula, ("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 upon real and personal property of the City of T emecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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, 2007 and shall terminate as of June 30, 2008 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 work being preformed 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. 1 R:\maintain\W"~~M":;''''O\master const\Annual Contract\2007-2008\Road Works Annual Contract 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 T emecula. 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 ofthe 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. OEFAUL T 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 const\Annual Contract\2007-2008\Road Works Annual Contract 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 Scooe of Insurance. Coverage shall be at least as bJOad 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: 3 R:\maintain\workorders\master CODSt\Annual Conttact\2007-2008\Road Works Annual Contract (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 ofthe 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, 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. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless othelWise acceptable to the City. f. Verification of Coveraoe. 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 affecting 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. 4 R:\maintain\workorders\master const\Annual Contract\2007-2008\Road Works Annual 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 RESPONSIBILlllES. 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 work preformed 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 IMthin a reasonable time after completion of the Work. 5 R:\maintain\workorders\master const\Annual Contract\2007-2008\Road Works Annual Contract 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 party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Road Works, Inc. 303 Short Street Pomona, California 91768 (909) 469-5101 Attention: Terry Blocker 23. ASSIGNMENT. The Contractor shall not assign the perforrnance 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 attomeyfees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula 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. 6 R:\maintain\workorders\master const\Annual Contract\2007-2008\Road Works Annual Contract 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. 7 R:\maintain\workorders\master const\Annual Contract\2007-2008\Road Works Annual Contract IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR Road Works, Inc. 303 Short St. Pomona, CA 91768 (909) 469-5101 Terry Blocker, Owner 8 R:\maintain\workorders\master const\Annual Contract\2007-2008\Road Works Annual Contract 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 upon real and personal property of the City ofTemecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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 Directorwhether 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 maytransmitthe RequestforWork 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\master const\Annual Conttact\2007-2008\Road Works Annual Contract EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\master const\AnnuaI Contract\2007~2008\Road Works Annual Contract Sent By: 909 4695112 Apr.25.07 13:13; Page 1/2 303 Short 51., Pomona. GA 91768 Phone (909) 469.5101 Fax (909) 469-5112 Road Works, Inc. Fax TO' Brad Buron From: ~ayres (Iris) Trask Fax: Q51-6Q4.jj411 'ag...: 1'''''-. 951.jj94.6475 _: 1/25/2007 Rie, Bid Proposal cc: o Urg.nl o For RevIew D I'loa.o Commont ] Please Reply o 1'1...... R...ycle . COmmenb: Hello Brad, Please see attached proposal. The insurance certificates' Dr Auto Liability. Commercial Liability and Worker's Comp will be faxe<! direcUy by 01)' agenls. Please ,..t U8 know W you have any ques1ion or ~"v,,, ,,0. Regards. Hayres R""~""""-.'\ H-'~- '"",iF" Ii c,~ I' \\1,- k ") \l.~"--""~~~&=- V! &=>U ~ 5 2007 CITY OFIl.::MECULA PUBLIC WORKS DEPARTr~f;Ej\jT Soot By: ; 909 469 5112 Apr.25-0713:13; Page 2/2 Road Works, Inc. 303 Shorl St. Pomona, CA 91768 Phone: (909) 469-5101 State Lic # 561431 PROPOSAL 07D074SC Phone I Date (951) 694-6411 4125/2007 Job Name/Location To: CITY OFTEMECULA Attn. BRAD BURON PO Box 9033 VARIOUS STREETS VARIOUS STREETS TEMECULA Temecula CA 92569 Job Number I Job Phone, We hereby submit specifications and estimates for; Re: Crack sealing Jf Road. SCOPE OF WORK: All Cracks in Road, 1/6" to 1" in width, to be sealed PREPARATION: Cracks to be cleaned of dust and debris at 3 Depth to Width Ratio no greater than one to one prior to application of sealant using high pr.,ssure air system (110 psi)_ Product to be applied in prepared crack at I temperature of approximately 380'F. ROAD WORKS 306 Road sealant, 1 part t ot applied elastically mOdifle<! self leveling asphalt composition sealant for asphalt cracks, Prlce Is based on a 4-man crew per 8.hour d~y. APPLICATION: PRODUCT: TERMS: QUOTED BY: Due Upon Compo TERRY BLOCKER $7,500,00 We Propose hell:!by to f(lrr'liRh ma1arlal and labor - complete in accordano~ with the above speclflcatlons. for the sum of: $7,500.00 All materiElI is guarlll"ltaed to be as specified. All work to be completed in I) woric:manllks manner according to standard practices. Any alteratIon or deviation from above specificatIons Involving llldra costs will be executed only upon ......tllten orders, and will become an extra charge Over and above the I$stimate All agr~ments contingent upon SlJ'lkes. accidents or delays beyond our control. Owner to !;arry lira, Lornado and other necessary insurance. Our workers are fully covered by WorkmEln'~ Compons<lliOn Insurance, Authorized Signature; Note: This proposal may be wittldrtlwn by U~ if no1 accepted within 45 days. Acceptance ofproj1osal - The .bove prioe., 'peo;fioaUons, Terms and Conditibt'l5 (See re...&I'$& sld8) are satisfactory and are hereby aceepted. You are authorlzed to do the work as 5pecifiw. PClYIYIf!lll will be made as outlined above. Signature Signature Date 01 AcoeptCIfll..--e: _ CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2007.2008 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of May 22, 2007 by and between the City of T emecula, ("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 upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintehance, maintenance work, and/or minor 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, 2007 and shall terminate as of June 30, 2008 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 wriUen 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 work being preformed 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. . 1 R:\maintain\workorders\master const\Annual Contract\2007-2008\Strongs Annual Contract 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. OEFAUL T 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 coDSt\Annual Contract\2007-2008\Strongs Annual Contract 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 Scooe 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: 3 R:\maintain\workorders\master const\Annual Contract\2007-2008\Strongs AnnuaI Contract (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, 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 ofthe 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. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless othelWise acceptable to the City. f. Verification of Coveraqe. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya 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 affecting 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. 4 R:\maintain\workorders\master const\Annual Contract\2007-2008\Strongs Annual 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 setforth 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 RESPONSIBILI11ES. 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 ofthis Contract. Norwill 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 ofthe 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 GovernmentCode 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 work preformed 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 IMthin a reasonable time after completion of the Work. s R:\maintain\workorders\master const\Annual Contract\2007-2008\Strongs Annual Contract 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 party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Strong's Painting 31265 Saddleback Lane Menifee, California 92584 (951) 679-4554 Attention: Gary Strong 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. To Contractor: 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 attomeyfees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City ofTemecula 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. 6 R:\maintain\workorders\master const\Annual Contract\2007-2008\Strongs Annual Contract 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 T emecula, 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. 7 R:\maintain\workorders\master const\Annual Contract\2007-2008\Strongs Annual Contract 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, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR Strong's Painting 31265 Saddleback Lane Menifee, CA 92584 (951) 679-4554 Gary Strong, Owner 8 R:\maintain\workorders\master const\AnnuaI Contract\2007-2008\Strongs Annual Contract 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 upon real and personal property ofthe City ofTemecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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 Directorwhether 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 maytransmitthe 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\master const\Annual Contract\2007-2008\Strongs Annual Contract EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\master const\Annual Contract\2007-2008\Strongs Annual Contract .~_. RECEIVED APR 0 9 iDUI CITY OF TEMECUL.A PUBLIC WORKS DEE4RTlvlENT -- --- License # 687275 (951) 679-4554 STRONG'S PAINTING 31265 SADDLEBACK LANE MENIFEE, CA 92584 FAX (951)679-4554*51 April 5, 2007 City of Temecula P.O. Box 9033 Temecula, Ca. 92589-9033 Attn: Brad Buron Re: Time and Material Sheet Strong's Painting has been in business for 30 years and is family owned and operated. We specialize in interior/exterior painting, small drywall repair, texturing, stucco repair, power washing, wallpaper 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. Weare also members of the Better Business Bureau and hold a state contractors license. Hourly rate: $40.00 per hour Holiday and weekend rate: $55.00 per hour Mark up on parts, materials and equipment is not more than 12% Thank you, Gary Strong Strong's Painting CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2007-2008 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of May 22, 2007 by and between the City ofTemecula, ("City") and Tiger Equipment 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 upon real and personal property ofthe City of T emecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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, 2007 and shall terminate as of June 30, 2008 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 wriilen 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 work being preformed 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. 1 R:\maintain\workorders\master const\Annual Contract\2007-2008\Tiger Equip Annual Contract 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 COnst\A1lllUal Contract\2007-2008\Tiger Equip Annual Contract 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 Scooe 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: 3 R:\maintain\workorders\master const\Armual Contract\2007-2008\Tiger Equip Annual Contract (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, 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. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless othelWise 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 affecting 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. 4 R:\maintain\workorders\master const\Annual Contract\2007-2008\Tiger Equip Annual 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 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 work preformed 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 IMthin a reasonable time after completion of the Work. 5 R:\maintain\workorders\master const\Annual Contract\2007-2008\Tiger Equip Annual Contract 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 party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Tiger Equipment Company, Inc. 35701 Avendia LaCresta Murrieta, California 92562 (951) 600-7675 Attention: Mark Lacy 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. To Contractor: 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 attomeyfees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City ofTemecula 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. 6 R:\maintain\workorders\master const\Annual Contract\2007-2008\Tiger Equip Annual Contract 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 ofthe 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 repre!!entations 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. 7 R:\maintain\workorders\master const\Annual Contract\2007-2008\Tiger Equip Annual Contract IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR Tiger Equipment Company, Inc. 35701 Avenida LaCresta Murrieta, CA 92562 (951) 600-7675 Mark Lacy, Owner 8 R:\maintain\workorders\master const\Annual Contract\2007-2008\Tiger Equip Annual Contract 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 upon real and personal property of the CityofTemecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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 transmitthe Requestfor 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\master const\Annual Contract\2007-2008\Tiger Equip Annual Contract EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\master const\Annual Contract\2007-2008\Tiger Equip Annual Contract Tiger Equipment Grading & Excavation RECEIVED APR 1 9 ZOO? 35701 Avenida LaCresta Murrieta, CA 92562 (951) 600.7675 Office (909) 215-0598 Mobile (951) 600-4743 Fax License #594189 CITY OFTEMECULA PUBLIC WORKS DEPARTMENT _ April 17, 2007 City ofTemecula Public Works Department P.O. Box 9033 Temecula, CA 92589-9033 Attn: Brad Buron Dear Mr. Buran: Please find attached our updated Time and Material Sheet as requested by your letter dated April 2, 2007. We look forward to an opportunity to work with the City ofTemecula in any capacity. Please review the information and if you should have any questions or comments, I may be reached at the office 951-600-7675 or ce11909-215-0598. 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C! ~ C! 00 0000000000 &dlD 00'000000'000 -_ C\lN.<IIt"lt.-.:t.NN tIt_**-_.,.._or:~ ... ... 0000.000.0000000' OOCOCOIDU)101t.I1010101O ....:....:..:'OcDcDcioco~uiou'ici (l)tQ"""cCOCOO...t1)O)CD............ ~--_,......C")N........._NMC") --*----------- (:) (::) 1ft II) -10 1ft rn en 1010 10 co U) 10 OIO....................NNNC'lNC'lNN NcD&QaiociuiuiC'i"":ciuiciui IONO.....IOv:JU>......tDlOf?.....CO..... -............_N_.........__NN --.- ---------- 00'000000000'000' COlDlDlOlOOCOOOOoo "":NON&Q.oc:iOcONuiduiui om......IO..._C"')..NNm....M ____........N_....___NN fit tIlt____.... ___ :.:: o :::JU) 0::..1 1-0 zO 01:: I- := .. -D.. "E E~ ~ :=0 0:: 0::000:: ~ 1-0:: III 1-1-11I11I a. Zz 0:: <<00 0 ~o ~o::lo:~~~~ ~ Zl- <wOOOOOo::". w....o::.J..J:::J><><<<w........... !zZO..l:tlj:WIIIlDlD~~~~ -:!j~~J:o::~~~~oggg ffiwo::w:=III<"><">-.t-.t..l o.O::WZZI-I-I-I-I-!!:::Ii..lO:: :::JOo.lIIl11~<<<<lo:"T"I'''I' U)u..O<!lI-;>OOOOU)OOO :t"'NC")IO~::~~~~~~~~ t! o '" Oi .a o ... ., :J 't:l ., Cll c .. .l:: '" o ... ... '" ., '1S :J U) . CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2007-2008 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of May 22, 2007 by and between the City of Temecula, ("City") and Pacific Striping, 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, maintenance work, and/or minor 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, 2007 and shall terminate as of June 30, 2008 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 work being preformed 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. 1 R:\maintain\workorders\master const\Annual Contract\2007-2008\Pacific Striping Annual Contract 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 ofthe 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. Ifthe 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 const\Annual Contract\2007M2008\Pacific Striping Annual Contract 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 Scooe 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: 3 R:\maintain\workorders\master const\Annual Contract\2007-2008\Pacific Striping Annual Contract (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 ofthe 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, 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. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless othelWise 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 affecting 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. 4 R:\maintain\workorders\master const\Annual Contract\2007-2008\Pacific Striping Annual 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 RESPONSIBILlllES. The Contractor shall keep itself informed of State and Federal 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 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 Gove.rnment Code Section 4215. 20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its authorized representatives during manufacture and work preformed 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 IMthin a reasonable time after completion of the Work. s R:\maintain\workorders\master const\Annual Contract\2007-2008\Pacific Striping Annual Contract 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, retum 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 POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Pacific Striping, Inc. P.O. Box 1691 Whittier, California 90609 (562) 945-7805 Attention: Scott Fisher 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 attomey fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula 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. 6 R:\maintain\workorders\master const\Annual Contract\2007-2008\Pacific Striping Annual Contract 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. 7 R:\maintain\workorders\master const\Annual Contract\2007~2008\Pacific Striping Annual Contract 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, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR Pacific Striping, Inc. P.O. Box 1691 Whittier, CA 90609 (562) 945-7805 Scott Fisher, Owner 8 R:\maintain\workorders\master const\Annual Contract\2007-2008\Pacific Striping Annual Contract 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 upon real and personal property of the City of T emecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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 telTTls of this Agreement. 9 R:\maintain\workorders\master const\Annual Contract\2007-2008\Pacific Striping Annual Contract EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\master const\Annual Contract\2007-2008\Pacific Striping Aimual Contract PadficSlriping lno -P_O. Box 1691 \Mllttier. CA 90609 Lie. 148_ nJ'ldfiC.slrioino@vari7.0n.nel 562-945-7805 330 GALLON CAP. STRIPING TRUCK Sll\ICE BED 110N S1'ENCl.K;~!.!~__ STENCIl..NG~-.!~"!.~___ PAVEIENT~APP. TRUClL_ SHADQWTRUCK lHERMOAPP TRUCK SANOBl.AS11NG RIG CRASH lRUCK Sl.tl\IEY \IICHIClE TIME AND MATERIALS SPREADSHEET OWNER/CONTRACTOR: WORK AUTHORIZED BY: PROJECT DESCRIPTION: S2OO.oo $150.00 $175.00 1125.00 S2OO.oo_ 1125.00 S2OO_oo $200.00 S2OO_oo .~!.~:.~ TOTAL $0.00 $0.00 $000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0_00 $000 $0.00 $0.00 $0.00 $0_00 $0_00 $0_00 $0.00 $0.00 $0.00 $0_00 $0.00 $0.00 $0.00 "lOO $0.00 START DATE: FINISH DATE. COMPLETION STATUS: 0_ 0PERIlI0R lABOOER IlRI)IER 575.00 $85.00 -~~--_.- ._ $4S,~ _ $112.50 .___W1~. $75_00 .._,-~!:~ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0_00 $0.00 ....J: $0_00 CONS1RlJCTIONl!!GNS ___ ~ CONES ____~ BARfCAOES--------=-~__ ___ . _ ..---!!!L_ TRASH BARRELS ___.__~ _ HR _ _ SLIDE HAMMER .__.!:t~ ARRO\W~~~l?u. ..!IB. MESSAGE BOARD . _I:!~ CLEAN UP Tc?'Q!:-S HR PACIRC -p- Sub-TofaI: S~,\AL!. TOOLS an UIJIT RA1E M,lOulfi TOTAL $0.00 $0_00 $0_00 $0.00 $0.00 $0.00 $0.00 $0_00 $0.00 $0.00 $0.00 $0.00 $0_00 RENTAL =:QUIPMENT QTY UNIT RATE ArJlOUNT GAl_ LBS EA ----.. ~-- .-- ._.__n__ _ EA ._ LBS TotJd",.""".ls: ToI8l #ler*I Equipment: Tom'Subeon1r8cfora: $0.00 $0.00 $0_00 so.oo $0.00 SUBCONTRACTORS QTY UNIT RATE AMOUNT Material, Trucking, Rental, & Subs: Sub-SubTofa/: Markup (% and $): SubTotal: GRAND TOTALS: rofa/ ~ wI ""rkup: Bond Fee (% and $): TOTAL EXl"RA 1KlRK: _._m~!:~. _S!>~. $5_00 S3,!!}. . -----_.!~:..qg n' _.___.J~Q.Qq .. .______~_!~.oo $0_00 so_oo $000 so.oo $0_00 so.oo $0.00 ~,~ so_oo r:-~r: :;.:" -;::.._ "'.0-2 "\:::::; R,,-: ::-- ,':'-0: :::U'" 10:\- ~\Ii::o -P::o ~-:;: ",r,ou',; LAS:'" H>.;3 SI-iR '-'RS SH" :..r,;s.',- TOJWAL ritoTERIAlS (ncl Taxi QTY ur~IT RATE ~MOUNT TRUCKING aTY UNIT RATE AtllOUNT $0.00 PAINT IlEAOS IlITUMIOUS RERECTlVE MARKERS ----.-.---..--- NON REFLEC~.MAR~~____ SIGNS .______ .lHE~_. PAClffC Rc:rrtt:.;:.o::::n..,.re OVlHER'S REPRESENTATIVE IV\brkA.. _ . $0.00 so.OO so.OO to-"'1. $0.00 $0.00 $0.00 $0_00 $0.00 so_oo so_oo so_oo so.OO $0.00 __ ______ $0.00 so.OO ------.lQ,Q9., TotRl TruCking: $0.00 15% $0.00 $0_00 $0.00 DATE DATE $0.00 0.00% '0.00_ --$0.00 RECEIVED APR 2 4 Z007 217 FLUME STREET SUlTE200-CHICO. CAUFORNIA-95928 PHONE: (530) 343-9600 - FAX: (530)343.04245 CITY OF TEMECULA PlIBLlC WORKS DEPARTMENT CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2007.2008 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of May 22,2007 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, and/or minor 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, 2007 and shall terminate as of June 30, 2008 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 work being preformed 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. 1 R:\maintain\workorders\master const\Annual Contract\2007-2008\Becker Annual Contract 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 perdiern 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. Ifthe City Manager or his delegate determines thatthe 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 const\Ann.ual Contract\2007-2008\Becker Annual Contract 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 orwrongful 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 Scooe 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: 3 R:\maintain\workorders\master CODSt\Annual Contract\2007-2008\Becker Annual Contract (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, 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. Acceotabilitv of Insurel1'\. 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 Coveraqe. 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 affecting 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. 4 R:\maintain\workorders\master const\Annual Contract\2007-2008\Becker Annual 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 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. Norwill 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 work preformed 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 'Nithin a reasonable time after completion of the Work. s R:\maintain\workorders\master const\Annua1 Contract\2007-2008\Becker AnnuaI Contract 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 party may later designate by Notice: To City: City of Temecula POBox 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 (951) 712-2341 Attention: Walter K. Becker 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 attomeyfees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City ofTemecula 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 T emecula, 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. 6 R:\maintain\workorders\rnaster const\Annual Contract\2007-2008\Becker Annual Contract 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. 7 R:\maintain\workorders\master const\Annual Contract\2007-2008\Becker Annual Contract 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, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR Becker Engineering P.O. Box 890365 Temecula, CA 92589-0365 (951) 712-2341 Walter K. Becker, Owner 8 R:\maintain\workorders\master const\Annual Contract\2007-2008\Becker Annual Contract EXHIBIT "An 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 ofTemecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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\master const\Annual Contract\2007-2008\Becker Annual Contract EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\master const\Annual Contract\2007-2008\Becker Annual Contract BECKER ENGINEERING CA License # 683396-A Generw . Engineering . P.O. Box 890365 Temecula. Ca 92589 Construction Proposal & Contract Page 2 LABOR RATES SUPERINTENDENT WITH 1 TON TRUCK S.T. $ 74.00 $ 69.40 O.T. $ 11 1.55 $ 101.15 $ 82.30 FOREMAN WITH 1 TON TRUCK GENERAL LABORER $ 57.60 NOTE: THESE LABOR RATES REFLECT LATEST RAISES IN P.W. SCALE. BARE EQUIPMENT 545 EXCAVATOR 331 BOBCAT EXCAVATOR 450 DOZER SKIPLOADER 310 BACKHOE 763 BOBCAT 763 BOBCAT W/ BREAKER S-250 BOBCAT S-250 BOBCAT WI BREAKER BOBTAIL DUMP 1 TO 3 TON ROLLER 3 TO 5 TON ROLLER VIBRATORY PLATE WACKER TAMP WATER TRUCK D-4 DOZER D-5 DOZER D-6 DOZER D-8 DOZER 12 G BLADE 14GBLADE AREA MOVE INS $ 78.90 PER HOUR $ 68.85 PER HOUR $ 68.85 PER HOUR $ 51.75 PER HOUR $ 68.85 PER HOUR $ 54.85 PER HOUR $ 85.80 PER HOUR $ 68.85 PER HOUR $ 96.80 PER HOUR $ 68.85 PER HOUR $ 36.00 PER HOUR $ 51.75 PER HOUR $ 29.35 PER HOUR $ 29.35 PER HOUR $ 73.65 PER HOUR $164.80 PER HOUR $177.00 PER HOUR $216.25 PER HOUR $249.25 PER HOUR $259.56 PER HOUR $296.50 PER HOUR $115.00 ALL MATERIALS AND RATES AT A.P.W. STANDARDS BOOK RATES BECKER ENGINEERING RECEIVED AI'K 2 4 2001 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT CA License # 683396-A General . Engineering . P.O. Box 890365 Temecula. Ca 92589 Constnlction Proposal & Contract Owner / Contractor CITY OF TEMECULA /PUBUC WORKS Name: BRAD BURON . Phone: 951-694-6411 Date: APR 23, 2007 Legal Job Location: Street: 43200 BL,:>u.",..,S.PARK DR. Street: City: TEMECULA State: CAUFORNIA City: TEMECULA State: CALIFORNIA We propose to furnish all equipment and peIform all labor necessary to complete the following: AS PER YOUR Lr....r..1" OF REQUEST FOR NEW TIME AND MATERIAL RATES DATED APRIL 2, 2007. PLEASE REVIEW PAGE 2 This contract does not include any damage or repairs to underground facilities not visible from the surface or otherwise designated by owner / w..;..~ctor and stated in this .....~~~ent. Any extra work or delays will result in w..;....ct reverting to Time & Material. All of the above work to be completed in a substantial and wor1onanlike manner according to standard practices for the sum of ($ Terms of Payment: STANDARD CITY PROCEDURES Any alteration or deviation from the above specifications involving extra cost of materials or labor will only be executed upon ".;~~~.. orders for same, and will become an extra charge over the sum mentioned in this contract. All .....~~~ents must be made in writing. It is further understood and agreed that Workmen's Compensation and Public liability Insurance will be provided, however, "".~..,.ge applies only to work actually .....fv._ed by Becker Engineering in accordance with terms and conditions of this contract. Certificates of Insurance will be furnished upon request. TillS pROPOSAL IS VALID FOR 30 Authorized Signature~ ~. pAYS FROM THE ABOVE DATE. s:-- ., ACCEPTANCE OF PROPOSAL In the event of customer failure to pay contract price. cust:Qmer ~es to pay in addition to said contract price, reasonable attomey's fees, and :...__.. for collection. You are hereby authorized to furniOh all oq\lipDlent and labor to tomplete the WOrk mentioned in the above proposal for whir.h $!Ii7TPP tn nAY th,.. ATnonnt YnPntinnM in !Il!a1A nrnnnlliogl .:anti A~in.,. to fohIP f-PrTnIR i"hlP1"Pnf CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2007-2008 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of May 22,2007 by and between the City of T emecula, ("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, maintenance upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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, 2007 and shall terminate as of June 30, 2008 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 ofthe 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 work being preformed 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. 1 R:\maintain\workorders\master const\Annual Contract\2007-2008\Renes Annual Contract 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 thisAgreement 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 const\Annual Contract\2007-2008\Renes Annual Contract 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 orwrongful 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 Scooe 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: 3 R:\maintain\workorders\master const\Annual Contract\2007-2008\Renes Annual Contract (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, 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. ~cceotabilitv 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 affecting 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. 4 R:\maintain\workorders\master const\Annual Contract\2007-2008\Renes Annual 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 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 work preformed 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 'Nithin a reasonable time after completion of the Work. s R:\maintain\workorders\master const\Annual Contract\2007-2008\Renes Annual Contract 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 party may later designate by Notice: To City: City of Temecula POBox 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 (951) 487-0247 Attention: Rene B. Martinez Sr. 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 attomey fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula 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. 6 R:\maintain\workorders\master const\Annual Contract\2007-2008\Renes Annual Contract 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. 7 R:\maintain\workorders\master const\Annual Contract\2007-2008\Renes Annual Contract 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, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR Rene's Commercial Management 1002 luna Way San Jacinto, CA 92583 (951) 487-0247 Rene B. Martinez Sr., Owner 8 R:\maintain\workorders\master const\Annual Contrac.t\2007-2008\Renes Amrual Contract 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 upon real and personal property of the City ofTemecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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 maytransmitthe RequestforWork orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope ofthe 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\master const\Annual Contract\2007-2008\Renes Annual Contract EXHIBIT B LAlBOR AND EQUIPMENT RATES 10 R:\maintain\workorders\master const\Annual Contract\2007-2008\Renes Annual Contract Rene's Commercial Management 1002 Luna Way * San Jacinto, CA 92583 * Tel. (951) 487-0247 * Fox (951) 487-0479 CLIENT: City of Temecula, CA DATE: April 20, 2007 TIME & MATERIAL RATES FOR JULY 2007 / 2008 RECEIVED APR 2 4 2007 WEED SPRAYING: CITY OF TEMECULA PUBLIC WORKS DEPARTMENT 1) Pre-emement Aoolications: a) Sensitive Areas (Landscape areas): b) Non-sensitive Areas (Roadsides): $250.00/Ac $230.00/Ac 2) Post-emerl!ent Aoolications: (Older, larger weeds, higher rates) $175.00 - $195.50/Ac NOTE: (1 mile = 5,280 ft. x 8 ft. wide = about 1 acre) MECHANICAL WEED ABATEMENT: Forman & Pick-up Man / Equipment Per Hour $36.00 $29.00 Sat / +8 hrs. $38.00 $33.00 Emerl!:encv ResDonse Rate $41.00 $38.00 GENERAL LABOR. TRASH PICK-UP. HAULING. ETC: fer Hour Sat. / +8 hrs. Emerl!:encv ResDonse Rate Foreman & Pick-up $34.00 Per Man Hour $27.00 $38.00 $33.00 $41.00 $31.00 TRACTOR / MOWING: Equipment with Operator: $75.00/Hr. (Rate includes transportation cost) (Minimum 3 Hours Charge) All of these rates reflect current "Prevailing Wage and Certified Payroll". Rene B. Martinez Sr. - Cellular Phone: (951) 830-0239 - 24 Hours Rene's Commercial Management 1002 Luna Way * San Jacinto, CA 92583 * TeL (951) 487-0247 * Fax (951) 487-0479 CLIENT: City of Temecula, CA DATE: April 20, 2007 TIME & MATERIAL RATES FOR JULY 2007 / 2008 WEED SPRAYING: 1) Pre-emenrent Aoolications: a) Sensitive Areas (Landscape areas): b) Non-sensitive Areas (Roadsides): $250.00/Ac $230.00/Ac 2) Post-emenrent Aoolicatioos: (Older, larger weeds, higher rates) $175.00 - $195.50/Ac NOTE: (1 mile = 5,280 ft. x 8 ft. wide = about 1 acre) MECHANICAL WEED ABATEMENT: Forman & Pick-up Man / Equipment Per Hour $36.00 $29.00 Sat / +8 hrs. $38.00 $33.00 Emere:encv ResDonse Rate $41. 00 $38.00 GENERAL LABOR. TRASH PICK-UP. HAULING. ETC: Per Hour Sat. / +8 hrs. !):J.IP,,:...P,1:lCV Resoonse Rate Foreman & Pick-up $34.00 Per Man Hour $27.00 $38.00 $33.00 $41.00 $31.00 TRACTOR / MOWING: Equipment with Operator: $75.00/Hr. (Rate includes transportation cost) (Minimum 3 Hours Charge) All of these rates reflect current "Prevailing Wage and Certified Payroll". Rene B. Martinez Sr. - Cellular Phone: (951) 830-0239 - 24 Hours CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2007-2008 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of May 22,2007 by and between the City of Temecula, ("City") and Monteleone Contractors, Inc. C'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, and/or minor 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, 2007 and shall terminate as of June 30, 2008 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 noiice io ihe Coniraciorwiihin ihiriy (30) days of receipi ofihe invoice ofihe dispuied 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 work being preformed 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. 1 R:\maintain\workorders\master const\Annual Contract\2007-2008\Monteleone Annual Contract 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 ofthe 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 const\Annual Contract\2007-2008\Monteleone Annual Contract 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 Scooe 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: 3 R:\maintain\workorders\master const\Ann:ual Contract\2007-2008\Monteleone Annual Contract (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, 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. Acceptabilitv 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 Coveraae. 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 affecting 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. 4 R:\maintain\workorders\master const\AnnualContract\2007-2008\Monteleone ArulUa! 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 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 work preformed 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 insp,ection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made 'Nithin a reasonable time after completion of the Work. S R:\maintain\workorders\master const\Annual Contract\2007-2008\MoDteleone Annual Contract 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 party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Monteleone Contractors, Inc. 39054 Camino Hermosa Murrieta, California 92563 (951) 538-6537 Attention: Ryan Monteleone 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 attomey fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of T emecula 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. 6 R:\maintain\workorders\master const\Annual Contract\2007-2008\Monteleone ArulUa! Contract 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. 7 R:\maintain\workorders\master const\Annual Contract\2Q07-2008\Monteleone Annual Contract 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, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR Monteleone Contractors, Inc. 25225 Wolcott Court Wildomar, CA 92595 (951) 538-6537 Ryan Monteleone, Owner 8 R:\maintain\workorders\master const\Annual Contract\2007-2008\Monteleone Annual Contract EXHIBIT "An 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 CityofTemecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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 ofthe 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\master const\Annual Contract\2007-2008\Monteleone Annual Contract EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\master const\Annual Contract\2007-Z008\Monteleone Annual Contract Monteleone Excavating 25225 Wolcott CT Wildomar, CA 92595 24 hour 03!!er (951) 694 -7028 Office: (951) 677-8308 Cell: (951) 538-6537 Fax: (951) 304-1469 poerated & Fuel Time and eauioment rate for 2007 - 2008 Eauioment Rate oer Hour (Regular Rate) Saturdav/+8 Hrs. (*Per Hour Overtime) 450 Dozer $125.00 D6LGP $160.00 D6H $135.00 D6RXL W-slope $145.00 824 Dozer $160.00 D8K Dozer $180.00 D8N Dozer $185.00 D8R Dozer $185.00 D10 Dozer ., $245.00 . ~~. D9H'Dozer $225.00 650 Excavator $280.00 400 Excavator $183.00 350 Excavator $165.00 220 Excavator $145.00 446 Backhoe $121.00 30 MF SkiplMower $87.50 450 C Loader $165.00 950 Loader $165.00 977 Loader $180.00 973 TrackLoader $175.00 963 Track Loader $165.00 12 G Motor Grader $135.00 140 Motor grader $145.00 .' 623 Scraper $165.00 860 Scraper $140.00 613 scraper $135.00 657 Push Pull $285.00 637 E Push Pull $265.00 627 Push pull Scraper $235.00 10 Wheel DumplPup $95.00 Hi-Side Semi $95.00 4,000 GallW Truck $85.00 2500 Gal W-Truck $65.00 6X6 Off-Road dumpTruck $145.00 26 Wheel Lowbed Truck $110.00 $140.50 $175.50 $150.50 $160.50 $175.50 $195.50 $200.50 $200.50 $260.50 $240.50 $295.50 $198.50 $180.50 $160.50 $136.50 $103.00 $180.50 $180.50 $195.50 $190.50 $180.50 $150.50 $160.50 $180.50 $155.50 $150.00 $300.50 $280.50 $250.50 $111.00 $111.50 $100.50 $80.50 $160.50 $125.50 Holidav/Sundav (Overtime Rate) $156.00 $191.00 $166.00 $176.00 $191.00 $211.00 $216.00 $216.00 $276.00 $256.00 $311.00 $214.00 $196.00 $176.00 $152..0Q $118.50 $196.00 $196.00 $211.00 $206.00 $196.00 $166.00 $176.50 $196.00 $171.00 $166.00 $316.00 $296.00 $266.00 $126.50 $126.00 $116.00 $96.00 $176.00 $141.00 Foreman Pick-Up Grade Checker Laborer $66.00 $46.00 $54.00 $46.00 $81.50 $46.00 $69.50 $61.50 $97.00 $46.00 $85.00 $77.00 *Note Overtime Wages Begin After 3:00 P.M. With A 6:00 A.M. Starting Time. Rate used beyond 8 hours on weekdays and all hours on Saturday. Any city work will be under 2003 prevailing wage rates. CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FISCAL YEAR 2007.2008 FOR CITYWIDE MAINTENANCE THIS MAINTENANCE CONTRACT, made and entered into as of May 22,2007 by and between the City ofTemecula, ("City") and Imperial Paving 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 upon. real and personal property of the City of T emecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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 setforth 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, 2007 and shall terminate as of June 30, 2008 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 "8", 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 work being preformed 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. 1 R:\mainta.in\workorders\master const\Annual Contract\2007.2008\Imperial Pave Annual Contract 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. Ifthe City Manager or his delegate determines thatthe 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 const\Annual Contract\2007-2008\Imperial Pave Annual Contract 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 orwrongful 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 Scooe 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: 3 R:\maintain\workorders\master const\Annual Contract\2007-2008\Imperial Pave Annual Contract (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, 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 ofthe 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. Acceptabilitv 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 Coveraqe. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya 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 affecting 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 complywith 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. 4 R:\maintain\workorders\master const\Annual Contract\2007-2008\lmperial Pave Annual 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 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 ofthe 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 work preformed 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 'Nithin a reasonable time after completion of the Work. s R:\maintain\workorders\master const\Annual Contract\2007-2008\Imperial Pave Annual Contract . 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 ofthe party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula POBox 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Imperial Paving Company, Inc. 13555 E. Imperial Highway Whittier, California 90605 (562) 523-0975 Attention: Fritz Coy 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 attomey fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City ofTemecula 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. 6 R:\maintain\workorders\master const\Annua1 Contract\2007-2008\Imperial Pave Annual Contract 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. 7 R:\maintain\workorders\master coost\Annual Contract\2007-2008\Imperial Pave Annual Contract IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR Imperial Paving Company, Inc. 13555 E. Imperial Highway Whittier, CA 90605 (562) 523-0975 Fritz Coy, SecretarylTreasurer 8 R:\maintain\workorders\master const\Annual Contract\2007-2008\ImperiaI Pave Annual Contract 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 upon real and personal property of the City of T emecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor 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 ofthe 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 Directorwhether 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 maytransmitthe RequestforWork 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\master const\Annual Contract\2007-2008\Imperial Pave Annual Contract EXHIBIT B LABOR AND EQUIPMENT RATES 10 R:\maintain\workorders\master const\Annual Contract\2007-2008\Imperial Pave Annual Contract RECEIVED APR 2 ;1 2007 CITY OF TEMECULA PUB~IC WORKS DEPARTMENT City Of Temecula DEP ARlMENT OF PUBLIC WORKS PO Box 9033 Temecula, Ca 92589-9033 Brad Buron, Imperial Paving Company Inc. appreciates the opportunity to submit a Time and Material rate sheet. Please feel free to call me personally if you have any questions. Sincerely, ~ Fritz Coy V.P. Sales (562) 944-0975 . (714) 523-4492 . (800) 634-3923 . Fax (562) 944-0984 13555 E. Imperial Hwy., Whittier, California 90605 City of Temecula PUBLIC WORKS DEPARTMENT P.O. Box 9033 Temecula, CA 92589-9033 Alln: BRAD BURON Re: Time and Material Sheet LABOR BREAKDOWN All Labor $ 55.00 Per Hour Overtime 1 Y. Time (After 8hrs/Saturdays) $ 82.50 Per Hour Double Time 2 Time (Sunday/Holidays) $ 110.00 Per Hour EQUIPMENT BREAKDOWN (DOES NOT INCLUDE LABOR' Flatbed Truck with Compressor Mount $ 325.00 Per Day Bob Tail Truck 9 - 11 Yards $ 315.00 Per Day Concrete Flatbed Truck $ 300.00 Per Day Dump Truck & Pup Trailer $ 390.00 Per Day Air Compressor $ 150.00 Per Day Water Truck $ 275.00 Per Day Flatbed Truck with 3 - 5 Tons Roller Combo (Minimum) $ 505.00 Per Day Dump Truck with Skiploader & Trailer Combo $ 505.00 Per Day 10 - 12 Ton Roller including Trailer $ 250.00 Per Day 3 - 5 Ton Roller Including Trailer $ 245.00 Per Day Berm Machine Minimum Charge $ 150.00 Per Day Bobcat with Bucket $ 500.00 Per Day Bobcat with Gnnder $ 550.00 Per Day Arrow Board with Truck $ 250.00 Per Day STANDARD SET (COMMON REPAIR CREW) Four Man Crew Skiploader Dump Truck 3 - 5 Ton Roller Flatbed with Compressor & Tools $ 3,100.00 Per Day Less than 8 hrs. (4hr minimum) $ 1,600.00 Per Day MATERIALS Asphalt $ 85.00 Per Ton Asphalt Plant Opening on Saturdays $ 1,500.00 Base Rock Class II $ 18.00 Per Ton Tack Material $ 4.00 Per Gal Concrete $ 650.00 Min. Load Concrete after 4 Yards $ 150.00 Per Yard (562) 944-0975 · (714) 523-4492 . (800) 634-3923 . Fax (562) 944-0984 13555 E. Imperial Hwy., Whittier, California 90605 NOTE: SUBJECT TO MATERIAL AVAILABILITY AND OIL FLUCTUATIONS. NOTE: IMPERIAL PAVING PROVIDES THE FOLLOWING SERVICES: EXCAVATION, GRADING, PAVING, CONCRETE. SEAL COATING AND STRIPING. Ii - I. ITEM NO. 13 I I Approvals City Attorney Director of Finance City Manager V IJIl ~ CITY OF TEMECUlA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: May 22,2007 SUBJECT: Citywide Tree Trimming Maintenance Services PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: 1. Award the Citywide Tree Trimming Maintenance Service Contract to West Coast Arborists, Inc. for $200,000.00 and authorize the Mayor to execute the contract. 2. Authorize the City Managerto approve change orders notto exceed the contingency amount of $20,000.00 which is equal to 10% of the contract amount. BACKGROUND: In March, 2007 Requests for Proposals (RFP) and specifications for the Citywide Tree Trimming Maintenance Contract were sent to twenty (20) trimming contractors. On April 18, 2007 seven (7) proposals were received for Public Works right-of-way tree trimming maintenance. The following proposals were submitted. 1. West Coast Arborists, Inc. 2. Tree Elements, Inc. 3. Great Scott Tree Service, Inc. 4. TrueGreen landcare 5. Tree Pros, Inc. 6. California Tree Service, Inc. 7. United Pacific Services, Inc. The firms were ranked as shown. Staff has determined that West Coast Arborists, Inc. was the highest ranked firm based on their submittal and specific unit prices. The work to be performed includes Class I tree trimming, tree and stump removals, root pruning, tree planting and emergency work call-out. This work is necessary to maintain approximately 7,500 right-of-way trees known as the City's Urban Forest. The contractor will inventory all right-of-way trees by name, size and locations. Staff has reviewed the bid proposal from West Coast Arborists, Inc. West Coast Arborists, Inc. has performed work for the City of Temecula in the past, and we have found their work to be satisfactory. A copy of the proposal is attached (Exhibit "A") for review. FISCAL IMPACT: Funds will be available in the FY07-08 Public Works Routine Street Maintenance Account. The total project amount is $220,000.00 which includes the contract amount of $200,000.00 plus the 10% contingency of $20,000.00. ATTACHMENTS: Exhibit "A" Contract CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR CITYWIDE TREE MAINTENANCE SERVICES THIS CONTRACT, made and entered into the 22nd day of May, 2007 by and between the City of Temecula, a municipal corporation, 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: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, labor and Materials Bond, Plans and Specifications entitled CITYWIDE TREE MAINTENANCE SERVICES, Insurance Forms, this Contract, and all modifications and amendments thereto, as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWIDE TREE MAINTENANCE SERVICES. 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. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: CITYWIDE TREE MAINTENANCE SERVICES 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. CONTRACT C-1R:lMAINTAINITREESITree Contm.wl....."..s\2007-2008 ContraclslW Coast 07-08 Contn 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 HUNDRED THOUSAND DOLLARS and NO CENTS ($200,000.00), the total amount of the base bid. TERM: The term of the contract shall commence on July 1, 2007 and continue through June 30, 2008. 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 may be 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 30th of that year, or if not available, the prior month. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the 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. 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 CONTRACT C-2R:\MAINTAIN\TREES\Tree Contracts\contracts\2007-2008 Contracts\W Coast 07-08 Contn 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'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-3R:lMAINTAINITREESITree Contraclslcontracls\2007-2008 Contracls\W Coast 07-08 Contn 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-4R:\MAINTAINITREES\Tree Contracls\oontracls\2007-2008 Contracls\W Coast 07-08 Contc. 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 City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT C-5R:\MAINTAINITREESITree Cc..~..~'....ltracts\2007-2008 Contracts\W Coast 07-08 Conlr. 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, CA 92806 (714) 991-1900 Patrick O'Malley, President Rose Epperson, Treasurer (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA Chuck Washington, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk CONTRACT C.oR:lMAINTAINITREESITree Contraclslcontracls\2007-2008 ContraclslW Coast 07-08 Conln EXHIBIT 'A' -INSURANCE ENDORSEMENTS & CERTIFICATES EXHIBIT "An A-1R:\MAINTAINITREESITree ConlJ<.~'.__..~..:ts\2007 -2008 ConlJ<cts\W Coast 07-08 Conln ORIGINAL Tree Care Professionals Serving Communities Who Care About Trees April 17, 2007 www.WCAINC.com City of T emecula Office of the City Clerk 43200 Business Park Drive Temecula, California 92590 REQUEST FOR BID - "TREE TRIMMING SERVICES" DUE: Wednesday, April 18, 2007 at 4:00 P.M. To whom it may concern, Thank you for allowing us the opportunity to submit a proposal to perform tree maintenance for the City of Temecula. West Coast Arborists; Inc. (WCAl has a 35-year track record of working for more than 150 California municipalities and various public agencies. We have developed a complete Urban Forestry Management Program that includes a Master Street Tree Plan, Tree Inventory and Software Management System as part of our Maintenance Program. Our tree maintenance program includes a well-defined Quality Control Plan which incorporates certified personnel, safety, pruning specifications, equipment, hours of operation, public relations, traffic control, scheduling of work, computerized billing, and public convenience. Our company has been in business since 1972 and is licensed by the California State Contractors t.icense Board under license #366764 with a local office and yard in the City of Anaheim. We have held this license in good standing since 1976. The license specializes in Class C61 (Tree Service) as well as Class C27 (Landscaping). Also, we have an A+ rating from the bonding board. We currently employ over 40 Certified Arborists and over 100 Certified T reeworkers, as recognized by the Western Chapter of the International Society of Arboriculture. In addition to the references listed in our Proposal, we are currently u~der contract with the Cities of lake E!sinore, Murrieta, and Corona providing tree care. We would encourage your agency to contact these Cities or any of the listed references. Also, attached please find supporting documents including information about our organization, qualifications of personnel, method of operation, health and safety plan, and a green waste diversion plan. We will not use any subcontractors for this project. For this important project, Mr. Frank Quinn, Area Manager, will be responsible for field services and has full authority to schedule and coordinate services. Should you have any questions or require additional information, please do not hesitate to contact Mr. Quinn or me at (800) 521-3714. Sincerely, v.~~~1- Director of Marketing West Coast Arborists, Inc. . . waterin!l' CREW RENTAL. 3 MEN, AERIAL UNIT, DUMP TRUCK & CHIPPER 'CREW RENTAL - 2 MEN, AERIAL UNIT; DUMP TRUCK $ 80.00 & CHIPPER STREET TREE TRIMMING - CLEAAANCE: TRIM STREET TREE AESTHETIC TRIM !WING - FULL TRIM SLOPE TREE ~STHETIC TRIMMING - AERIAL UNIT SLOPE TREE AESTHETIC TRIMMING - CLIMBER PALM TREE TRIMMING COMPLETE TREE & STUMP REMOVAL STUMP REMOVAL ROOT PRUNING WITHOUT ROOT BARRIER ROOT PRUNING WITH ROOT BARRIER (10' X 18" DEEP ROOT OR EQUIVALENT) TREE PLANTING: 15 gal. w/root.barrler 15 gal. w/o root barrier 24 Inch box w/root barrier 24 Inch box w/oroot barrier $ 50.00 $ 75.00 $ 100.00 $ 25,00 1$ 18.00 1$6.00 1$ 5U.UU 1$ IUU.UU each each each . I each diameter inch d.lameter inch each each $ 145.00 each $ 120.00 $ 225.00 $ 200.00 $ 400.00 $ 120:00 each each each day hour hour CREWRENTAL-1 MAN $40.00 EMERGENCY WORK CALL OUT - 3 MEN INCLUDING $ 240.00 ALL NECESSARY EQUIPMENT. DISPOSAL FEES, AND ZERp MATERIAL MARK-UP hour hour CITY OF TEME;CULA . TREE TRIMMINGRFP . BID PRICES FOR PROPOSED TREE TRIMMING CONTRACT 1. Attach a statement of qualifications outlining the contractors corporate profile and contractor's . experience in Providing tree trimming services as required by the RFP. . 2. Attach a list of client references. 3. Selected contractor will provide the following documentation upon execution of the contract: . Certifi~te of Insurance as outlined in the requirements in "Attachment Bn. . Completed W-9 form . Copy of City ofTemecula Business License 13 _,'~'~_"~...I\:___~~ A~~'nn'n.II'" . 4. It is intended that other public agencies (i.e., city, special district, public authority, public agency, and other political sub-division of the State of Californian) located in Riverside County shall have the option to participate in any agreement created as a result of this Request for Proposal with the same terms and condition~ as to the price.of the product and/or service. The City of Temecula shall incur no finanCial responsibility in connection with a PWchase order from another public agency. Any public agency that "piggy-backs" on any negotiated contract between the City of Temecula and vendor shall-accept sole responsibility for negotiating, placing orders, and making payment to vendor.- 5. Vendor's agreement or failure to agree to the .piggyback" clause will not be a factor in award of the ~..l, aCt. Check one of the following: o The prices, terms, and conditions in our bid/proposal are not extended to any other agency. - 0 I hereby agree to extend all prices, terms, and conditions of my bid/proposal to any other public agency located in Riverside County with the following exception(s) noted on the attached. '/... I hereby agree to extend all prices, terms, and conditions of my bid/proposal to any other public agency located in Riverside County with no exceptions. _ (j~A.6amerriue/Date _ ~,- ;pi Victor M. Gonzalez, V.P./Dinector of Marketing PrintIType Name & Title - \- ~"~fERENCES . .. ( . <r..~_~..,. CURRENT CONTRACT WORK EXPERIENCE West Coast Arborlsts understands the challenge that many cities face to reduce the cost of tree maintenance services, while Increasing the level of perfonnance. Utilizing our services as a valuable, cost-effective resource, cities are able to provide better services to their community. These contracts cover a range of services from providing emergency response to maintaining the City's entire urban forest. Below Is a brief summary of work performed in these cities: Since July 2001 We provide complete urban forestry management for more than 20,000 selected City- owned trees, including tree pruning, removals, planting, and emergency services. In an ef- fort to maintain a sustainable urban forest, we aiso provide services to other City Depart- ments. Inventory updates to work history are done In conjunction with bl-weekly invoicing. We have performed successfully jn the City for three years. Oty of Davis Annual Budget: $ 1 50,000 . Contact: Mike Krezman Total to date: $750,000 Phone: 530/681-6539 City of Culver City Since October 1993 We recentiy completed a citywide street tree inventory using our tree inventory software pro- . gram. We currentiy maintain the City's entire urban forest and perfonn tree maintenance on a specle-by-specle basis. WCA has gained a reputation as a competent, conscientious tree maintenance llrm and City staff has been Impressed with the professionalism and high quality tree maintenance services from our Supervisors and field crew. Annual Budget: $280,000 Contact: Steven Cooper Total to date: $2,600,000 Phone: 310/253-6430 Oty of Fresno Since April 1994 We provide eompiete urban rVlc~u.i management fOi the mOi€ than 200,000 trees, Indud'" ing tree pruning, removals, planting, and emergency services. In an effort to maintain a sus- tainable urban forest, we also provide inventory updates to the City's own inventory data- base. We have performed successfully in the City for six years. Annual Budget: $ 1,350,000 : Contact: Dave Hallam Total to date: $8,500,000 Phone: 559/498-2197 City of San Diego Since July 2001 We currentiy perform tree removals and tree planting as part of the City's reforestation pro- gram. The project also includes tree maintenance at City Parks. This project is an annual '. contract. Together, we are able to maintain trees more efficiently while guaranteeing the residents and businesses top quality tree care. Annual Budget: $ 1 00,000 Contact: Drew Potocki Total to date: $300,000 Phone: 619/527-5486 "",.""'0,'. ..,1.,"1, , ,.. Copynghtll200 '- .A ""A~~ 19 CURRENT CONTRACT WORK EXPERIENCE CIty of Newport Beach Since December 1993 West Coast Arborlsts provides complete tree maintenance services. After an In depth study of the City's General Services Department, the City reviewed and agreed to seek out cost saving measures while maintaining an expected level of service to the community. Under . this contract, we prune approximately 8,000 trees annually and perform other various ser- vices Including but not limited to removals, planting and emergency urban forestry services. Annual Budget: $640,000 Contact: Marcelino Lomeli Total to date: $6,800,000 Phone: 949/644-3069 CIty of Riverside Since July 1997 This contract Is unique In that WCA provides complete tree maintenance services for the City's Park and Recreation Department, and utility line clearance tree trimming for their Pub- lic Utilities Department. The combined tree population Is approximately 200,000 trees. Both departments entered Into a Joint management agreement relating to a line clearance program for utility lines. Tree Inventory updates are provided along with the billing. Annual Budget: $2,100,000 Co" Contact: Shirley Bennett Total to date: $13,400,000 Phone: 951/826-2000 City of Santa Ana Since July 1997 ~i1r:'. Jl We currently maintain the City's entire urban forest consisting of nearly 45,500 street trees '.! and the trees located at local parks. We perform tree maintenance on a grid basis developed ) . by West Coast Arborists and approved by the City. Based on the positive letters the City has received, we have gained a reputation as a conscientious tree maintenance firm capable of " performing high quality service. Annual Budget: $815,000 Contact: Mary Gonzalez Total to date: $6,400,000 Phone: 714/647.3308 CIty of Santa Monica Since July 1994 WCA provides complete pruning services based on tree species. We take pride In our re- sponsibility for the City's tree population of nearly 35,000 street trees. In addition, as part of the City's comprehensive tree planting program, we acquire and plant trees for the City. , ,1,. A....,v.Jmately 2,000 trees are scheduled for this year alone. #. ..~, Annual Budget: $550,000 ., Contact: Walt Waniner Total to date: $5,500,000 Phone: 310/458-8974 Oty of Fullerton Since July 1998 As part of the tree care service, WCA updates the City's own tree Inventory. As part of this program, we collect and provide to the City an automated record of the work com- pleted and submit It to the City for updates. Together, we are able to prune trees more effi- . ciently, while the City Is able to maintain accurate work records and monitor predictable tree trimming schedules and guarantee the residents and businesses top quality tree care. "1 .J . Annual Budget: $550,000 Contact: Dan Sereno Total to date: $5,900,000 Phone: 714/738-6805 -v.rAMP 20 c:opyright02005 Ii - I. ITEM NO. 14 I I Approvals City Attorney Director of Finance City Manager ~ ell (JU.., CITY OF TEMECUlA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: May 22,2007 SUBJECT: Procurement of Field Operations Center (FOC) Security Alarm and Structured Cable System RECOMMENDATIONS: That the City Council: 1. Approve the purchase of Facility Security, Surveillance and Structured Cabling System in agreement with Conduit Networks Inc. for the total amount of $116,670.11 with a 10% contingency not to exceed $11,667.00; 2. Accelerate the funding of $128,337.11 to the Fiscal Year 2006-07 from the Fiscal Year 2007-08 Field Operations Center Furniture, Fixture & Equipment (FF&E) budget. DISCUSSION: On April 9th 2007, the City conducted a competitive bid for a vendor to design and install a lenel On-Guard building security and surveillance system. Additionally, this effort was combined with the structured data cabling system to ensure continuity of effort between security and data systems resulting in a smart maintenance management facility. The result was a thorough analysis of key vendors, other jurisdictions implementing similar technologies, and a top down approach to determining the most appropriate solution for these requirements. FOC Security and Structured Cabling Bid Results Conduit Networks NetVersant Brassfield BergElectric Price $116,670.00 $134,278.00 $142,065.00 $11,000,000 Cable OEM ADC Belden Panduit AMP Cable Installer T&D No Subs No Subs No Subs lenel Contractor Convergint Tech No Subs No Subs No Subs location Temecula, CA Orange, CA CityofCommerce, Escondido, CA CA FISCAL IMPACT: The FOC Security Alarm and Structured Cabling system is being funded with an acceleration of the FY 2007-08 FF&E budget, which is necessary to fund this request. Funds are available for this acceleration. ATTACHMENTS: Conduit Networks Purchase and Installation Agreement between the City of Temecula and CITY OF TEMECUlA PURCHASE AND INSTAllATION AGREEMENT This Purchase and Installation Agreement ("Agreement") is made and entered into as of May 22,2007, by and between the City of Temecula ("City"), a municipal corporation, and Conduit Networks ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of E~uipment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to design, sell, to the City, deliver and install a Facility Security Surveillance and Structured Cabling System ("the Equipment"), as more particularly described in Exhibit A, Proposal and Scope of Work ("Scope of Work"), and , Exhibit C, City's Request for Qualifications for Field Operations Center (FOC) Structured Cabling and Security Systems 07-01, dated April 2007, both of which are attached hereto and incorporated herein as though set forth in full. 2. Purchase/Installation Price. The Purchase and Installation price which City agrees to pay to Vendor for the Equipment and all required services is One Hundred Sixteen Thousand Six Hundred Seventy Dollars and Eleven Cents ($116,670.11) The Purchase price is final and shall be paid by City to Vendor in accordance with the Payment Schedule set forth in Exhibit B attached hereto and incorporated herein as though set forth in full. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council. 3. Scooe of Work. Vendor shall design, manufacture and install the Equipment as described in the Scope of Work, and thereafter test the Equipment pursuant to an acceptance test plan satisfactory to the City. Final acceptance of the Equipment shall not occur until acceptance testing has been successfully completed. Vendor shall train City employees to use the Equipment, in accordance with a mutually acceptable training plan. Vendor's services as required by this Agreement are sometimes collectively referred to herein as "the Work." Vendor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work, but in no event shall completion occur beyond January 1,2008, unless otherwise agreed upon in writing. Contractor shall not commence the Work until such time as directed by the City. 4. Reoresentations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authoritv and Consent~. 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, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement byVendor 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. 1 b. Title and Ooeratino Condition. Vendor has good and marketable title, and legal authority to convey full ownership to City as to all of the Equipment manufactured and installed. All of the Equipment is free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment is in good operating condition, free of any defects, and in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware the City is purchasing the Equipment for use as a Facility Security and Surveillance System with Structured Cabling and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Warrantv Aaainst Proorietarv Infrinaement. Vendor hereby expressly represents that it has sole proprietary interest, or has otherwise paid any and all applicable licenses or other fees and costs, as to any and all software, hardware and related materials which it may provide City in the performance of this Agreement. Vendor agrees to indemnify, defend and hold free and harmless, City and its elected officials, officers, servants and employees from any and all claims, demands, liabilities, actions, causes of action, penalties, obligations, costs or expenses claimed by any person or entity as a result of an alleged infringement of any proprietary or intellectual property interest arising out of City's use, or Vendor's provision of, any and all software, hardware and related materials provided by Vendor pursuant to this Agreement. Vendor may, at City's option, conduct the defense in any such action with counsel satisfactory to City, and City shall cooperate in good faith with such defense. In addition to providing for City's defense in the event of any claim of proprietary infringement, Vendor shall replace such software, hardware and/or related materials without additional charge, with a compatible, functionally equivalent and noninfringing product, modify the software, hardware and/or related materials to avoid the infringement, or obtain, at Vendor's expense, any necessary license in order for City to continue to use of such software, hardware and/or related materials. d. Vendor further warrants that for not less than twelve (12) months, the Equipment, including all software, hardware and related materials provided pursuant to this Agreement, shall perform in substantial compliance with the description set forth in the Scope of Work, Exhibit A.. During this warranty period, Vendor shall, at its sole expense, repair or replace any part or all of the Equipment necessary in order for the Facility Security and Surveillance System to perform as required by this warranty. e. 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. 5. Performance. Vendor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in 2 providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 6. City Aooroval. 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. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City, separate from acceptance testing provided for in Section 3 hereof. If, in the determination of City, any of the Equipment is damaged, or based upon appearance fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City and the same shall be promptly replaced unless otherwise agreed upon in writing. 7. Time of Deliverv.. on or before August 1, 2007. The date and time of delivery of the Equipment shall be 8. Place of Deliverv. The Equipment shall be delivered to this location: 43230 Business Park Dr, Temecula CA 92590. 9. Reiection. In the event of such notice of non-conformity by City pursuant to Section 6, or failure of the Equipment to successful pass acceptance testing, City may, at its option, (1) reject the whole of the Equipment and Installation, (2) acceptthe whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 10. Strict Comoliance Required. This Agreement calls for strict compliance. Vendor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 9, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 11. 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, including payment of attorneys' fees, 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 connected in any way with the alleged or actual acts or omissions of Vendor or those of any of Vendor's employees, officials, agents or subcontractors in the performance of this Agreement or City's use of the Equipment, excepting only liability arising out of the sole negligence of the City. 12. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Proposal and Scope of Work, attached hereto as Exhibit A; (2) Vendor's response/quotes to City's Request for Qualification dated April 2007, attached hereto as Exhibit B; (3) City's Request for - 3 - Qualification for Field Operations Center (FOC) Structured Cabling and Security Systems 07-01, dated April 2007 attached hereto as Exhibit C. b. 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. c. In the event of a conflict in terms between this Agreement, the RFQ and/or the Vendor's response to the RFQ, this Agreement shall prevail over the RFQ and the Vendor's Response to the RFQ, and the RFQ shall prevail over the Vendor's Response to the RFQ. 13. Default of Vendor. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control (not including failures of any subcontractor or supplier of Vendor), and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. I n the event the Vendor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 14. Liabilitl( Insurance. Vendor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or be connected with the performance of the Work hereunder by the Vendor, its agents, representatives, or employees. a. Minimum Scooe 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. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Vendor shall maintain limits no less than: - 4- (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. 4) Errors and omissions liability: $1,000,000 per occurrence. 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 Vendor shall procure a bond or post other security satisfactory to the City, 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 Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. 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 Vendor'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 Vendor's insurance and shall not contribute with it. (3) Anyfailure 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 Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (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) - 5- days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraoe. Vendor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 15. Survival of Reoresentations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 16. leaal Resoonsibilities. 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 byfailure of the Vendor to comply with this section. 17. Prohibited Interest. No officer, official or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or Vendor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Vendor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Vendor or Vendor's sub-contractors on this project. Vendor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. Indeoendent Contractor. Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Vendor shall at all times be under the Vendor's exclusive direction and control. Neither the City nor any of its officers, employees, agents or volunteers shall have control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner, officers, employees or agents of the City of Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liabilitywhatever against the City, or bind the City in any manner. - 6- 19 Assiclnment. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, nor shall Vendor subcontract any required performance, without prior written consent of the City. 20. 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 (il personal service, (iil 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 (iiil mailing in the United States Mail, certified or registered mail, postage prepaid, 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 at: City of Temecula 43200 Business Park Drive Temecula, California 92589 Attn: City Manager To Vendor at: Conduit Networks Inc. 27247 Madison Ave. Suite 400 Temecula, CA 92590 www.conduitnetworks.com Attn: Guy Reams 21. GoverninQ law and Venue. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior or federal district court with jurisdiction over the City of Temecula. 22. Entire AQreement. 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 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. No representation or promise, express or implied, written or verbal, that is not set forth herein shall be binding or have any force or effect. 23. Authoritv To Execute This AQreement. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. 24. PrevailinQ WaQes. 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. Vendor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Vendor 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, Vendor 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, -7 - 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. 25. Attorneys Fees. The prevailing party in any litigation broughtfor breach, or to enforce any provision, of this Agreement, shall be entitled to recover its reasonable attorneys fees, experts costs and all other costs of litigation. IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and year first above written. CITY OF TEMECUlA Chuck Washington, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney Conduit Networks, Inc. 27247 Madison Ave. Suite 400 Temecula, CA 92590 By: Name: Guy Reams Title: President Conduit Networks, Inc. - 8- EXHIBIT A VENDOR'S PROPOSAL AND SCOPE OF WORK Summary Conduit Networks lnc is a consulting firm. Our specialty is consulting. Although we favor certain applications, we only do so because we have learned what works. When we are hired on a project our sole rnotivation is the success of our client. Repeat business and solid relationships is how our cornpany succeeds. Systerns analysis and design is a unique specialty The skills required to deliver a successful project (on tirne and within budget) are diverse. Our ernployees and contractors are prograrnrners, analysts, and network engineers. Conduit Networks relies on years of project rnanagernent experience and a proven rnethodology Conduit Networks lnc is prepared to assist the City in developing a security infrastructure for the current FOC project, and rnore irnportantly integrate and develop a solution that will work for other city facilities and future projects. In addition, the integration of security cornponents with the existing City network, and the developrnent of a plan for easier rnanageability and control is a unique specialty Conduit Networks lnc understands the City's network requirernents, and is able and willing to work with City staff to provide a systern that works on and with the City's standardized equiprnent. In short, Conduit Networks lnc is a highly qualified local consulting firrn with the energy and enthusiasrn to assist the City in building a security and cabling infrastructure that provides the essential functions required for the FOC operations and strategy for integration now and in the future. Company Profile Conduit Networks lnc has been established in the Ternecula Valley as an incorporated entity since February, 2003 The core rnission of Conduit Networks lnc has been to provide expert consulting services in various technology areas. Markets that Conduit Networks lnc has provided services for are in Governrnent, Health Care, Education, and Major Retail Centers. Comorate Address 27247 Madison Ave Suite 400 - 9- Temecula, CA 92590 Contact Information Web Address. Ww-N conduitnetworks.com Main Office 951 693 3000 Sales Office 951.2960238 Fax: 951.2960239 Insurance Coveraoe. Conduit Networks Inc carries $1,000,000 general and professional liability, workers compensation, and automobile liability policies. Qualification Summary Team Members for FOC Project Guy Reams - Network Architect, Integration Project Manager MA - California State University; PhD Candidate - Computer Information Systems . 15 Years of Network Integration, Training, and Systems Management experience . Project Management experience and systems analyst expertise, Instructor of CIS at MSJC for 10 years . Competent and thorough understanding of information systems operation and network architectures . Security systems and structured cabling systems knowledge and expertise Polo Casteneda - Structured Cabling Project Manager 6 years project management experience, 20 supervised projects . ADC TrueNet Certification . Access control and camera security implementations . Paging system expertise . Project manager for projects at Safeway, Target, Crafton College, Orange County Sanitation, Carpenters Union, Rancho Family Medical Group Greg Hardee - lenellntegration Project Manager 16 years project management with Lenel access control . lenel TR-1 00 Certification . Access control and camera security implementations - 10- . Project manager for projects at A.M.P.A.S Academy Awards, Broadcom Corporation, and Staples Center - 11 - Key Partnerships and Contractors Anixter Anaheim, CA . Distributor of cabling and security components . Will stock material to guarantee job completion ADC LosAl}Jeles, CA . Manufacturer of the structured cabling system T & D Communications . Structured cabling contractor T:1 Corona, CA t ~nI;i tJ Ceommunlnll<mlo . ADC Partner Convergint Technologies . Security contractor Converg~'nt ~ // I ' TECH~N9-~91 ES Orange, CA . Lenel Partner - 12- Important Considerations . Several cost saving items were identified during the evaluation of the project. Some of these are identified in the concluding section. . It is assumed the door installation contractor/provider will provision the doors and frames to accept the hardware, we will coordinate with the general contractor / electrician to make sure this requirement is met. . It is assumed that conduit pathways will be provided to support cable runs, we will coordinate with the general contractor / electrician to make sure this requirement is met. . This proposal is designed with the consideration that the City will provide all UPS devices, servers, workstation, network switches and power requirements. We will coordinate with City IS staff to make sure devices meet proper requirements. . AutoCAD drawings will need to be made available to provide electronic copies of drawings, location maps, and other requirements. . This proposal does not include any sales tax, state or local permit costs, or licensing requirements outside of the Lenel access control and camera system. Methodology Too-Down Technoloov Model Conduit Networks Inc uses a top-down approach to analyzing proposed technologies for any new system. This viewpoint requires that analysts examine key organization level constraints and objectives prior to implementation as opposed to providing technology and then considering how to fit that technology to the customer This relationship must be understood and documented PRIOR to considering networking and technology options. This will avoid problems in which users are dissatisfied with applications, and in fulfilling the requirements of technology managers. Proiect Manaoement Aooroach Projects are considered successful when an information system is acceptable to the end user; the system is delivered on time and within budget and when the project has had minimal impact on day to day operations. These factors are best achieved through appropriate project management. Conduit Networks Inc uses project management tools to scope, plan, and schedule and organize all important events in the systems analysis life cycle. The beginning stages of this project will begin with the creation of the project. This will be accomplished by. . Negotiating the scope of the project with key decision makers . Identifying tasks by hosting joint planning sessions . Determining milestones for the project . Calculating Task Durations and Dependencies . Assigning Resources Once a project plan has been created, a statement of work is produced and expectations set for requirements discovery documents. During the life cycle of the project updated GANTT charts will be produced to assist in monitoring the status of milestone completion. - 13- Reauirements Review Conduit Networks Inc recognizes that understanding the usage and requirements of the customer is and should be the driving force behind all technology decisions. Security, cabling and other infrastructure is too expensive to implement unnecessary components or to deliver technology that misses the critical and expected business requirements. Conduit Network Inc proposes an initial requirements review, using the bid specification, architectural drawings, manufacturer recommendations, industry standards, and existing city practices and procedures as the basis for this review It is expected that this review will have the following advantages. 1 Unnecessary hardware, software, or infrastructure can be eliminated to reduce the overall cost of the project 2. Appropriate substitutions can be made that meet city requirements, provide the essential functionality, and either save money or significantly improve the solution 3. Existing City resources can be considered in the overall project thus providing for a truly integrated solution, and a solution that maximizes the City's current investment in technology and key partnerships with hardware manufacturer (such as HP) 4. A competent review of requirements will guarantee the accuracy of the implementation, the willingness of staff to use the technology, and improve the perceived and real value of the technology solution - 14- Project Objectives and Budget Obiective #1: Desian. install. and arovide all necessary structured cablinq reauirements includina telecommunications facilities (room #2071 Proposed Investment: $45,937.50 Benefits / Analysis: . All cables will be installed "home run" from the workstation jack to the designated patch panel in the Telecommunications Room. Cables will be neatly but loosely bundled with plenum rated tie wraps in the ceiling spaces. . Velcro tie wraps will be utilized for all Communications Rooms All routing equipment is being provided with the circuits. . We are proposing the latest advances in cable management for this project. Dynamic angled patch panels combined with high density vertical cable management virtually eliminate the need for horizontal cable management. Patch panel ports are aimed left or right towards the vertical management allowing the patch cords to directly enter the vertical management. This saves valuable rack space and places less bends and strain on the patch cords and delivers a neat and professional appearance . The ADC vertical wire managers also include internal slack cord storage making the need to purchase and keep various lengths of patch cords on hand unnecessary Any excess cord slack is stored on spools within the management so all patch cords can be one length. Telecommunications Room (#207) Strategies: . Furnish and install a cable support system consisting of 12" ladder runway along the length of two walls. The runway will be supported with wall angle and triangular support brackets. . Furnish and install (1) 19" X 84" standard equipment rack. Rack will be bolted to the floor and attached to the newly installed ladder runway This will be dedicated for cable terminations and network equipment. . Using #6AWG stranded wire, bond the newly installed ladder runway and equipment rack to the existing Telecommunications ground bus bar . Furnish and install the following onto the newly installed equipment rack: . (2) Double-sided 8" vertical cable managers (one on each side of equipment rack) with front slack spools. . (6) 48-port CAT6 Dynamic angled patch panels. These will be dedicated for voice and data communications cable terminations. . (1) 24-port CAT6 angled patch panel. This will be dedicated for IP surveillance camera cable terminations. . Furnish and install (1) 24-port Plug 'n' Play coax patch panel frame and wall mounted bracket. - 15 - Horizontal and Work Area Cabling Strategies: . Furnish and install a cable support system consisting of "J" hooks attached to the ceiling above at a maximum of 60" intervals or as required by local building codes. . The cable support system will be independent of any other support systems and will suspend the horizontal cables above the ceiling tiles. . Place (66) information outlets each consisting or (4) Plenum rated CAT6 cables (4) CAT6 jack and all jacks (1) 4-port single gang flush mount faceplate or modular furniture adapter . Place (1) information outlet for wall phone consisting or (1) Plenum rated CAT6 cable (1) CAT6 jack (1) 1-port stainless steel single gang wall phone faceplate . The above cables will terminate onto the newly installed CAT6 patch panels at the Telecommunications Room. . Place (4) surveillance camera outlets each consisting or (1) Plenum rated CAT6 cable (1) CAT6 jack (1) 2-port flush mount faceplate (1) Blank insert for unused faceplate port For (3) outlets a CAT6 patch cord will pass through installed conduit to provide a connection for exterior camera . Place (1) pole mounted surveillance camera outlet consisting or (1) Outside plant rated CAT6 cable (1) CAT6 jack (1) 2-port surface mount outlet (1) Blank insert for unused faceplate port . Place (4) television outlets each consisting or (2) Plenum rated RG6 coax cable (1) "F" connector installed on each end and connector (1) "F" coupler at the work station (1) 2-port flush mount faceplate At the Telecommunications Room the coax cables will placed onto the designated wall mounted coax patch panel. Objective 1 Measure( s) . At completion of structured cabling a thorough walk through each location with the customer . Review of test results of each jack location with customer . Provide customer with a drawings and map of all data locations corresponding with labeling or work area locations and patch panel locations - 16- Obiective #2: Design. install. and Drovide all necessarv infrastructure for cameras. ,access control and securitv svstem Proposed Investment: $10,786.60 Benefits / Analysis: . Installation of structured cabling, alarm cabling, and camera cabling performed by same structured cabling vendor for uniformity in design . Cabling and infrastructure design managed by single source to prevent any issues with integration or compatability Telecommunications Room (#207) Strategies: . Furnish and install (1) 19"W X 39"0 X 84"H equipment cabinet Cabinet will be equipped with front and rear tapped rails and Enhanced Cable Management No doors, top, or side panels are included. This cabinet will be dedicated for surveillance equipment. . Using #6AWG stranded wire, bond the newly installed equipment cabinet to the existing Telecommunications ground bus bar . Install the following equipment into the newly installed security equipment cabinet. (1) OVR and storage chassis . Install the following equipment onto an existing backboard: (1) Intrusion panel (1) 42" X 36" Access Control Panel and (2) Power supplies Camera Installation Strategies: . Install, aim, and focus (1) exterior IP/POE fixed camera with enclosure and mount on the existing pole as shown on the plan. . Install, aim, and focus (3) exterior IP/POE fixed cameras with enclosure and corner mounting bracket on building walls as shown on the plan. . Install, aim, and focus (1) interior IP/POE fixed camera with dome enclosure as shown on the plan. Access Control I nstallation Strategies: . Furnish and install electrified locking devices onto (1) double door entry and (6) single doors as shown on the plans . Install (3) stanchions at exterior locations shown on the plan. Stanchions will be bolted to the finished concrete and will be of a standard color . Install iClass card readers at (3) exterior stanchion locations as shown on the plan. . Install (1) iClass card reader to include REX, SRI, and dry contacts at (4) single doors. . Install (2) iClass card readers to include REX, SRI, and dry contacts at (1) exterior double door . Install (2) iClass card readers to include REX, SRI, and dry contacts at (2) single doors. . Install (1) dry contact at (8) interior single doors. - 17- . Install (2) dry contacts at (2) exterior double doors. . Install (1) dry contact at (2) exterior roll-up doors. . Connect the Access Control devices to the TR with the appropriate shielded cables Intrusion Components Installation Strategies: . Install (1) command center onto an existing backboard in the Telecommunications Room. . Install and connect (2) flush mount motion detectors at locations shown on the plans. . Install and connect (4) glass break devices. Objective 2 Measure( s) . Customer inspection of view angles and final camera adjustments with customer . Inspection of access control and instruction components by authorized representative - 18- Obiective #3: Provide. install, confic,lUre and intearate lenel video recordina solution. access control. and intrusion detection svstem Proposed Investment: $ 59,946.01 Benefits / Analysis: . Complete integration of Lenel system by experienced security contractor . Integration of security components with City equipment and facility requirements Access Control Strategies: . Provide, install and configure Lenel software for intrusion panel (SWG-1450), Intrusion Panel Support Option (per panel) Radionics 9412,7412, Detection Systems 7400Xi version 3 and 4 panels and Galaxy Intrusion Alarm Panel Support for models (8, 16, 60,128, 500, 504) . Provide and install Dual Host Path Intelligent System Controller - 12 V AC or 12 VDC, (5 year lithium battery or 3 months full run) 1 MB (LNL-2000) . Provide and install 7 MB Memory Expansion Kits - Includes 7 MB of memory and expansion board (LNL-2000 only) . Provide and install (12) LNL-1300 Single Reader Interface Module -12 VDC, 1 Reader interface, WIM, 2 inputs and 2 outputs relays (one of each, 2A and 5A) and cabinet tamper pigtail (UL Approved) . Provide and install (8) 1 LNL-8000 Star Multiplexer -12 VDC, (8) Downstream RS-485 2-wire ports or (4) RS-485 4-wire ports and stand-off . Provide and install (9) 1 LNL-1200 Output Control Module - 12 V AC or 12 VDC, 16 relay output control module (UL Approved) . Provide and install LNL-11 00 Input Control Module - 12 V AC or 12 VDC, 16 zone input monitor module, (32) 1 K resistors (with 2 programmable output relays) (UL Approved) . Provide and install (9) 12"X12"X4" Field Enclosure with Mounting Plate, Termination Block, Lockable Door, Cylinder Lock and Panel Tamper Switch . Provide and install access control 42" by 36" enclosures, mounting plates, louver plates, cylinder lock and panel tamper switch . Provide and install (12) THINLlNE II WIEGAND, DESIGNER BLACK, CABLE . Provide and Install (10) 3/4" Dia. Recessed Steel Door Contact with Wire Leads, GE Closed Loop, Gray, 3/8" gap size . Provide and install (9) DS160 PIR EXIT SENSOR, LT GRAY . Provide and install (12) Trimplate for DS150/DS160 . Provide and install Power Supply 1 Charger- 12VDC @ 10 Amp cULus Listed. Access Control (UL 294) With grey enclosure 15.5"H x 12'W x 4.5"0, cam lock and transformer - 19- . Provide and install Power Supply / Charger- 24VDC @ 10 Amp UUCUL Listed. Access Control (UL 294) AC fail and low battery monitoring. With grey enclosure 15 5"H x 12"W x 4.5"0, cam lock and transformer . Provide and install (2) Auxilliary Module- Power Distribution Unit - Converts one input to eight (8) PTC Outputs. UL Recognized. . Provide and install (2) BATTERY, 12V 7 AH . Provide and install Panel Tamper Switch Intrusion Detection Strategies: . Provide and install intrusion panel to include STANDARD BRGLR PKG (W/9412G) (1) DX4020 E-NET INTERFACE (2) D8128A OCTOPOPIT, FOR 63 PT BUS (1) A-8N84 8" x 8" x 4" Enclosure (1) 12976-SW Panel Tamper Switch (2) 0126 BATTERY, 12V 7 AH . Provide and install intrusion devices to include (1) ALPHA COMM CNTR, OFF- WHT (2) PA-7100E 360' Motion Detector (2) BU-7000 Motion Detector Flush Mount Kit (19) 1078C-G 3/4" Dia. Recessed Steel Door Contact with Wire Leads, GE Closed Loop, Gray, 3/8" gap size (4) 1076CW-M 3/4" Dia. Recessed Steel Door Contact with Wire Leads, GE Wide Gap, SPOT, Brown, 3/4" gap size. Single Pole-Double Throw (4) DS11 021 GLASS BREAK SQUARE 25 FT Bosch . Provide and install Power Supply / Charger- 12VDC @ 10 Amp cULus Listed. Access Control (UL 294) With grey enclosure 15.5"H x 12"W x 4.5"0, cam lock and transformer Camera System Strategies: . Provide and install software and licensing for Lenel Digital Video Recording . Provide and install (5) AXIS-225FD [APAC] - V Varifocal DC-iris lens. 1/4" progressive scan CCD Auto day/night mode. Fixed dome with discreet, vandal- resistant out-door proof IP66 casing with built-in heater and fan. Up to VGA 640x480 resolution at 30 fps frame rate Simultaneous Motion JPEG and MPEG- 4. Video Motion Detection and I/O for alarm/event handling. Power over Ethernet. RS-485 for data. Includes indoor power supply . Provide and install (5) 8-inch pendant mount, gray, with clear lower dome. Opaque liner not included . Provide and install (5) Wall mount (IWM-GY) with integrated weatherproof transformer Designed for use with Intercept or Spectra@and DF5 outdoor dome series. Gray finish. 120 V AC input, 24 V AC output . Provide and install (4) Light-duty ceiling "J" mount with cable feedthrough hole (coax, 2-conductor, for camera power) and manually adjustable tilt table For use with lightweight cameras and enclosures. . Provide and install (1) Pole adapter for LWM41 Legacy@, IWM, or IWM24 wall mounts for Legacy@and Intercept series or Spectra@and DF5 pendant series. Minimum pole diameter 3 in. . Provide and install (5) mounting hardware kits for axis camera solutions - 20- . Provide and install (3) 36" Stanchion - White Powder Coat Objective 3 Measure( s) . Inspection by customer of Lenel DVR system with integration to each camera and testing of all camera view points . Inspection and testing of intrusion detection system . Inspection and testing of access control system Obiective #4: Provide documentation. trainino. warrantv. and certification of ,intearated securitv and structured cablino sYStem Proposed Investment: Included Benefits / Analysis: . Improve project success with accurate documentation at the end of the project . Evaluate accurately project completion based on a complete set of results . Independent verification by manufacturer helps to guarantee the installation and any applicable warranties . Implementation of other technologies is easier and less burdensome in a documented network with adequate staff training Strategies: . At job completion provide documentation, certification, and warranty documents to the city IS staff . At job completion perform job walk through and inspection from cabling manufacturer to guarantee warranty status . Provide training on access control, alarm, and camera system . Label all cable runs in Telecommunications Room, Work Areas and provide map of all locations - 21 - Attachment A. Letter of Intent I, Guy Reams, having read and fully understand the requirements of this RFQ to install the Structured Cabling and Security Surveillance System as outlined herein, do submit this bid offering, which includes all costs to the Purchaser, for the following company' Company Name Conduit Networks, Inc. Address. 27247 Madison Ave City, State Zip Phone Fax: E-Mail Print or Type Name Temecula, CA 92590 951 693 3000 951.2960239 guy@conduitnetworks.com Guy Reams Signature Title Dated: President, Conduit Networks Inc. 4.26.2007 Total Bid for Structured Cabling System: Total Bid for Security/Surveillance System: $ 45,937 50 (U S Dollars) $ 70,732.61 (U S. Dollars) - 22- Attachment B: Responder Information Sheet Company Name Address. City, State Zip Phone Fax: Conduit Networks, Inc. 27247 Madison Ave Temecula, CA 92590 951 693 3000 951.2960239 E-Mail Contact Person. RCDD Name James Vollmer RCDD Number 109104 Program Manager Name Guy Reams guy@conduitnetworks.com Guy Reams Phone 951.2960238 State License Number 433516 (C-7), 816553 (C-7) 815629 (C-10) Test equipment owned or plan to purchase for this project: Copper DTX Cable Analyzer, calibration 4/2007 List software for as-builts and testing documentation: As Builts. Testing: AutoCad, PDF, Visio format Linkware / Fluke results List of subcontractors you plan to use and what portion of the project they will perform. (Attach information that shows their skill level for working on this project) . T and 0 Communications Convergint Technologies . - 23- Attachment C: Conduit Networks Active Directory Integration Initiative Conduit Networks Inc. is engaged in a project to develop integration methods with access control systems. The systems currently under development are S2 and Lenel. Both of these companies have expressed a willingness to allow for custom development to an openly published API. Although, Conduit Networks Inc. cannot formerly offer this integration effort as a product or service yet, the ability to integrate with Active Directory is of high value to most customers. As a quick reference here are some of the objectives of this project: . Develop a process that allows information technology staff to automatically create accounts in the access control system from Active Directory . Control access time and privileges based on Active Directory group membership . Enforce workstation time restrictions both at the workstation and access control . Synchronize the disabling or deleting of Active Directory accounts with the disabling or deleting of accounts in the access control system If awarded this project, Conduit Networks Inc. would like to work with City staff to evaluate any enhancements that we make in the area of Active Directory integration for the Lenel Access Control System. - 24- EXHIBIT B PAYMENT RATES & SCHEDULE 1. Costs of this project include: Objective 1: Structured Cabling: $45,937.50 Objective 2: Security Infrastructure and Cabling: $10,786.60 Objective 3: Access Control, Intrusion, and Camera Systems: $59,946.01 Objective 4: Certification and Manufacturer's Warranty: Included in bid Total Agreement Amount: $116,670.11 2. Payment Schedule for FOC Structured Cabling and Security Systems: Payment Schedule Amount Description Number 1 Upon execution of $58,335.05 50% payment when contract Agreement signed 2 Upon Receipt of all $29,167.53 40% when System installed deliverables Testing Period 10% Thirty Days after final 3 Following System $29,167.53 Acceptance acceptance - 25- EXHIBIT C CITY OF TEMECUlA REQUEST FOR QUALIFICATIONS (RFQ) FOR FIELD OPERATIONS CENTER (FOC) STRUCTURED CABLING AND SECURITY SYSTEMS (RFQ 07'{)1) 1. PURPOSE The City of Temecula, hereinafter referred to as the "City," is requesting proposals from qualified firms experienced in providing design and installation of BISCI structured cabling and lenel door access and video surveillance systems for the City's FOC project. The City has already invested in the lenel On- Guard system and will add this facility to that existing alarm/security system. The vendor selected will be required to have experience in both structured cabling and security access systems. We are requesting budgetary estimates and an implementation plan. The City will provide items listed in Exhibit B. Experienced firms interested in submitting a Statement of Qualifications should prepare four (4) copies of the Statement of Qualifications and submit to the City of Temecula, City Clerk's Office, 43200 Business Park Drive, Temecula, California, 92590, no later than 4:00 p.m., April 26, 2007. II. PROJECT Location and Site Description Field Operations Center (2+ acres) The Field Operations Center address is: 43230 Business Park Dr. Temecula, CA 92590. The site is located in the Temecula Business Park beside the existing City Hall on Business Park Dr off of Rancho California along the 1-15 freeway. City of Temecula Background Incorporated on December 1, 1989, Temecula is 27 square miles; and located in southwest Riverside County. This vineyard covered region offers picturesque landscapes and a serene lifestyle with a rapidly growing population of 93,923. The City will be approaching buildout of its remaining residential enclaves in 15 years with an anticipated total population of 115,000. Strategically located along the 1- 15/1-215 corridor, Temecula is located equidistant from los Angeles and San Diego. III. EVALUATION CRITERIA Statements of Qualifications will be evaluated for completeness. Incomplete statements or failure to address all items requested will result in disqualification from consideration. D Experience in the design of civic data centers. - 26- D Knowledge of the latest civic center information technologies. D BISCI structured cable certification. D Qualifications of key personnel likely to be assigned to the project. D Qualification of sub-consultants likely to be assigned to the project. D Ability to complete detailed cost estimates as well as logical and physical information systems design work within budget and in a timely manner. D Project approach V. STATEMENT OF QUALIFICATIONS Firms who wish to be considered for this project must submit the following information: D Firm name and year established. D Business Address and telephone number. D Qualifications of key personnel to be assigned to the work in the form of a resume including names, professional registrations, responsibilities, knowledge of civic center design in context with the community at large. D Client references which include at least two (2) governmental agencies for whom similar services have been provided. D The submittal shall be signed by an authorized official of the consultant's firm. D No more than three examples of recent work that is relevant to the design of a civic center. D The submittal shall be valid for a minimum of 90 days. VI. lEGAL REQUIREMENTS D The consultant's submittal, this RFQ, and all subsequent modifications to either document will be included as appendices to the final contract. D The consultant shall not assign, transfer, convey, or otherwise dispose of his contract or his rights, title or interest in or to the same without previous written consent of the City. D The consultant agrees to hold the City harmless from any and all liability or loss resulting from any suits, claims or actions brought against the City, which result directly or indirectly from the wrongful or negligent actions of the consultant in the performance of the contact. D At the time of execution of the contract, the consultant will be required to carry general liability, automobile liability insurance including owned, hired and non-owned vehicles, and professional liability insurance as described in Exhibit "A." Said insurance policies shall name the City as an additional insured with respect to all activities arising out of the performance of the consultant's services. Certificates of insurance and endorsements evidencing the required coverages shall be - 27- provided upon execution of the contract. Such certificates shall afford the City thirty (30) days written notice of cancellation or of a material change in coverage. D Consultant is required to comply with all existing State and Federal labor laws. VI. GENERAL INFORMATION D The City will not reimburse firms for any costs associated with the preparation and or/submission of this RFQ. D This RFQ does not obligate the City to accept or contract for any expressed or implied services. D All information contained in the responses to this RFQ shall become public records upon award of a contract to the successful firm; until such award, all responses shall remain confidential. D The City will negotiate with the firm determined to be the most qualified to provide the needed services. The firm will be requested to submit a formal cost proposal for services at that time. D The City reserves the right to award contracts to one or more qualified firms and to distribute work among the successful firms as best meets the needs of the City. D The City reserves the right to reject any or all submittals. The City further reserves the right to negotiate the specific requirements, scope of work, and compensation and to enter into a contract for any or all of the phases of the project as may be mutually agreed upon by the parties. D The terms and scope of the contract will be determined on the basis of professional negotiations between the City and the prospective consultant. If the City and the prospective consultant fail to reach a contractual agreement, the City reserves the right to negotiate with any other finalist. D Please refer all questions regarding this Request for Qualifications to Tom Hafeli, Information Systems Administrator, at (951)308-6300. Four (4) copies of the submittal must be received no later than 4:00 p.m. on April 26, 2007 at: Via U.S. Mail: City of Temecula Office of the City Clerk P.O. Box 9033 Temecula, CA 92589-9033 Courier Service and Walk-In Delivery: City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 Please clearly mark the submittal package: RFQ 07-01 "Statement of Qualifications for FOC Structured Cabling/Security Systems". No amendments, additions, or alterations will be accepted after the submission deadline stated above. Proposals and documents submitted shall become the property of the City of Temecula. SELECTION CRITERIA The City plans to consider each firm's experience with similar projects, the qualifications and number of staff available for the assignment, the experience of outside consultants and associates to be retained, - 28- the firm's willingness and demonstrated ability to meet deadlines, the firm's demonstrated ability to complete projects on or under budget, and other areas pertinent to the project. Attachment "A" letter of Intent and "B" Responder Information Sheet apply. A Selection Committee will review the proposals submitted and request an interview with the top-ranked firm or firms. Following interviews, the City reserves the right to negotiate terms and Appendix B "Scope of Work" with the highest ranked firm. If an agreement cannot be negotiated, the City reserves the right to negotiate with any other finalist. - 29- CITY OF TEMECUlA INSURANCE PROVISIONS EXHIBIT A Consultant shall maintain in full force, during the term of the service contract, limits of insurance, no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employer's Liability: Worker's Compensation as required by the labor Code of the State of California and Employer's Liability limits of $1 ,000,000 per accident. 4. Professional Liability Insurance: $1,000,000 per occurrence. 5. It is the Consultant's responsibility to notify the City if there are any changes in insurance provisions that would impact the above requirements. 6. Insurance carrier(s) shall be admitted to do business in the State of California and shall have a Best rating of no less than AVII. - 30- Scope of Work EXHIBIT B Part I - Structured Cable System Requirements The purpose of Part I is to outline the City's requirements for a Structured Cabling System to be installed in the new Field Operations Center. The City has specified a required Structured Cabling System design that should be adhered to. 1.0 GENERAL REQUIREMENTS (All MANDATORY) 1.1 Propose a complete Structured Cabling System for the movement of lAN data traffic within the Purchaser's Field Operations facility. All lAN applications must be supported. Design must include a complete and functioning Structured Cabling System including cable routes, interconnect locations, distribution frame locations, building and floor layouts and any other items associated with the implementation of the complete Structured Cabling System. 1.2 Only existing Structured Cabling System equipment, which is in production, shall be bid. Equipment under development or in the planning stage will not be considered. However, in order to indicate strategic direction, bidders may include future plans in a separate section with addendum material. 1.3 Bidders must be able to produce references demonstrating any comparable system installations to the Structured Cabling System in offering an equal system in a separate section with addendum material. 1.4 The Bidder must identify the manufacturer of any and all equipment included in the equal system proposal. This identification must include address, telephone number and contact person. This identification must also include part numbers, descriptions, quantities and itemized prices. 1.5 Upon the Purchaser's request, the successful Bidder must identify and present a local service facility of a duly authorized distributor of the equipment and material manufacturer, which is to stock manufacturer's standard parts for the Structured Cabling System. 1.6 All equipment and material shall be new and of the highest quality and reliability. 1.7 Installation of equipment shall be made by qualified, as well as certifiable personnel. All installation shall be done in a neat, professional and high-quality manner and in conformity with local and federal building codes and the Structured Cabling System requirements. All areas affected by installation, both inside and outside of the buildings, will be restored to their former condition. Bidder is responsible for the cost of all repairs, painting and other restoration needed due to damage caused by the installation. 1.8 The successful Bidder shall provide all tools, equipment, test equipment, cleaning material and miscellaneous hardware necessary for the cabling installation. Any equipment and material necessary for proper operation of the Structured Cabling System not specified or described herein shall be deemed as part of the specification. 1.9 An inspection of the entire installation shall be made prior to conducting performance and operational tests on the cable. The inspection of the cable shall be of the character and extent as to disclose an - 31 - unsatisfactory condition, noncompliance in quality and/or code with installation specifications or any other adverse conditions resulting from failure to meet standards or requirements as stated in this specification. 1.10 The successful Bidder shall be responsible for the shipping, handling, and storage of all said material and equipment. 1.11 The successful Bidder shall be responsible for obtaining any necessary licenses, permits or certifications. 1.12 Upon completion of the Structured Cabling System testing, the successful Bidder will provide the Purchaser with a complete record of all testing performed on CD-ROM disc, including any proprietary reading software. The Purchaser reserves the right to randomly test any cabling, both passive and active. If problems are discovered, it is the responsibility of the successful Bidder to make corrections in the time frames outlined within the previous sections. 1.13 It is the responsibility of the Bidder to calculate all actual copper and fiber cable footage required. 1.14 It will be the responsibility of the successful Bidder for the removal of all trash and debris from the site at the end of each working day. 1.0 Standards 1.1 All design, manufacturing, testing and installation of the network shall follow all applicable NEC, State, and local codes. 1.2 The followinq ANSI/TIA/EIA standards shall be followed: ANSI/TIA/EIA-568-B.l -- Commercial Building ANSI/TIA/EIA-568-B.2 -- Commercial Building Telecommunicalions Cabling Slandard, Part 1: General Telecommunicalions Cabling Slandard, Part 2: Balanced Requirements Twisted Pair Cabling Components ANSI/TIA/EIA-758(A) -- Customer-Owned Outside Plant Telecommunications Cabling Standard 2.0 labeling 2.1 Shall be in conformance with ANSI/TIA/EIA-606(A) standards. 3.0 Bonding and Grounding 3.1 Bonding and grounding shall conform to J-STD-607-A standards. 3.2 All equipment, racks, housings, cables (where applicable) and raceways must be bonded and grounded. 5.0 Category 6 - Horizontal Cabling 5.1 Termination Hardware IDF - Horizontal (station) cables will terminate on Category 6 Termination Panels or Termination Blocks 5.1.1 Category 6 - Patch Panels 5.1.1.1 Performance must meet or exceed TIA/EIA 568-B.2.1 Category 6 requirements. 5.1.1.2 Patch panels must be T568A/B compatible. - 32- 5.1.1.3 Patch panels shall be mounted either in an Ethernet Distribution Frame (Please see section 12 - Cable Management for Distribution Frame specifications) EIA 19-inch or mounted to the wall utilizing a 19-inch hinged wall mount bracket. 5.1.1.4 Patch panels must be designed to meet Gigabit Ethernet transmission speeds. 5.1.1.5 Jacks must support a minimum of 200 re-terminations while maintaining a contact resistance of less than one (1) milliohm. 5.1.1.6 Insulation Displacement Connection (lOG) contacts must be silver-plated and support the conductor at a 45-degree angle for greater mechanical strength. 5.1.1.7 IDC must be capable of terminating 22-26 AWG solid or stranded conductors. 5.1.1.8 Must be UL certified and verified. 5.1.2 Category 6 - Termination Blocks 5.1.2.1 The termination blocks performance must meet or exceed TIA/EIA 568-B.2.1 Category 6 requirements. 5.1.2.2 Termination blocks must be designed to meet Gigabit Ethernet transmission speeds. 5.1.2.3 Test port must allow for "Iook-both-ways" testing capability without removal of any wires. 5.1.2.4 Must support a minimum of 200 re-terminations while maintaining a contact resistance of less than one (1) milliohm. 5.1.2.5 Must feature disconnect contacts, which allow for patch-by-exception functionality. 5.1.2.6 IDC contacts must be silver-plated and support the conductor at a 45-degree angle for greater mechanical strength. 5.1.2.7 IDC must be capable of terminating 22-26 AWG solid or stranded conductors. 5.1.2.8 Must be UL certified and verified. 5.1.3 Category 6 - Jacks 5.1.3.1 Must meet or exceed TIA/EIA 568-B.2.1 Category 6 requirements. 5.1.3.2 Must be impedance matched for maximum throughput. 5.1.3.3 Must be available as individual units, to allow for maximum flexibility. 5.1.3.4 IDC contacts must be silver-plated and support the conductor at a 45-degree angle for reliable gas- tight connections. 5.1.3.5 Must support a minimum of 200 re-terminations. 5.1.3.6 Jacks shall be terminated using a 11 O-style wire termination tool. 5.1.3.7 Must be universal T568A/B wiring. 5.2 Category 6 - Patch Cords Patch cords shall be a major part of the Structured Cabling System and the bidder should show them on a bill of materials. Use the total number of intended active outlets to determine the patch cord total (i.e. one patch cord at each end per active node). 5.2.1 Performance must meet or exceed TIA/EIA 568-B.2.1 Category 6 requirements. 5.2.2 Patch cords must be factory terminated and tested. 5.2.3 Patch cords must be available in T568A/B configurations (T568A RJ45s on both ends, T568B RJ45s on both ends, and a hybrid T568A and T568B RJ45 on either end). 5.2.4 Copper conductors in the cable pairs must be stranded for maximum flexibility. 5.2.5 Patch cords must be impedance matching for maximum throughput. 5.2.6 Patch cords must incorporate a flexible strain relief boot to ensure proper bend radius and peak performance. 5.2.7 Patch cords must incorporate a snagless plug design with integrated strain relief. 5.2.8 Patch cords must be available in the following standard length: D 4 feet D 7 feet D 10 feet D 15 feet D 25 feet - 33- 5.2.9 Patch cords must be available in the following colors: D Blue D Green D Yellow D Orange 5.3 Voice Backbone Termination 5.3.1 The phone system will be Voice over Internet Protocol (VOIP) and will require data connections termination solutions Patch Panels or Termination Blocks. 5.4 Voice Backbone Cross-Connects 5.4.1 All connections between the VOIP PBX equipment terminations and the backbone terminations shall be done using patch panel connections. 5.5 Cable Management 5.5.1 The accepted method of securing the cables is the utilization of reusable hook and loop cable ties, as well as Millie-Ties. Plastic zip-lock tie wraps are not acceptable. Part II - Access and Surveillance System Requirements The purpose of Part II is to outline the City's requirements for an integrated Security Access and Surveillance System. The City has existing Lenel systems and the new Facility Operations Center will be integrated in kind. The City will provide the following equipment: D Servers D Workstations D Data Switches D UPS 1 - Video Surveillance System 1. Digital Video Management With Lenel Network (NVR) or Digital Video Recorders (DVR). The Digital Video Management System (DVMS) shall be an integrated solution that is seamlessly integrated with Access Control & Alarm Monitoring, Asset Management, Credential Management, and Visitor Management. All functionality described from this point forward shall reflect functionality of the seamlessly integrated system. The DVMS shall work in conjunction with a Manufacturer Network Video Recorder (DVMS) The DVMS shall not utilize any multiplexer-type technology for video recording. Information supplied from IP camera sources via Ethernet shall be digitally recorded simultaneously to a DVMS. The DVMS shall support a variety of industry standard IP Cameras from multiple manufacturers. C. Browser Based Video Viewer The SYSTEM shall provide a browser based video viewer option. The SYSTEM shall automatically download and install any required components directly onto the browser. The browser based video viewer shall have the ability to select multiple view templates. D. Each camera shall have the ability to record video to the DVMS based on motion detection of the camera. - 34- 2. Intrusion Detection A. The Intrusion Detection Management System (lDMS) shall provide advanced, seamless integration with Intrusion Detection Panels from Bosch (09412 and 07412), including alarm monitoring on a single user interface and automatically disarming intrusion panels through the use of a card reader. B. The IDMS shall allow CUSTOMER to monitor intrusion detection alarms inside the SYSTEM Alarm Monitoring module, in addition to giving CUSTOMER command and control of supported intrusion detection devices (such as arming and disarming an area). Once alarms are brought into SYSTEM, they shall be linked to digital video, global I/O activity shall be triggered, and they shall be stored in the SYSTEM audit trail. In addition, System Operators shall monitor the status of intrusion detection devices from the SYSTEM Alarm Monitoring workstation. The SYSTEM shall not be the mechanism for initial configuration and setup of Intrusion Detection Devices and basic intrusion detection functionality. 1) Intrusion Detection Panels The IDMS shall allow for the configuration of an Intrusion Detection Panel. Each Intrusion Detection Panel shall be given a user defined name for up to 32 characters. A workstation name shall be assigned to the intrusion detection panel. System Administrators shall have the ability to mark Intrusion Detection Panels as 'on-line' or 'off-line' depending on the state of the panels. The following intrusion detection panels shall be supported: a. Bosch 09412 b. Bosch 07412 c. Bosch D9412G d. Bosch D7412G C. Command and Control Functionality 2 PRODUCTS 2.00 EQUIPMENT STANDARDS A. All equipment and components, exclusive of cable, shall be like products of a single manufacturer, except as otherwise approved by the Customer. B. Equipment Requirements: 1. In order to establish a standard of quality, as required by the City, items of equipment indicated on the drawings and referred to in the specifications are chosen from products manufactured by Lenel and Bosch, or equal. 2. The City will establish equivalency and compliance of product or components offered for use under this Contract. 2.01 Intelligent System Controller (lSC) An Intelligent System Controller (lSG) shall link the Security Software to all other field hardware components (Card Readers and Input Control Modules). The ISC shall provide full distributed processing of access control & alarm monitoring operations. Access levels, hardware configurations, and programmed alarm outputs assigned at the administration client workstation shall be downloaded to the - 35- ISC, which shall store this information and function using its high speed, local 32-bit microprocessor. All access granted/denied decisions must be made at the ISC to provide fast responses to card reader transactions. A fully configured ISC with 64 card readers shall require less than one-half (0.5) seconds to grant access to an authorized cardholder or deny access to an unauthorized cardholder. The SYSTEM Access Control Field Hardware shall provide a network based ISC. The network ISC shall be a MINIMUM OF 1 GB Ethernet based panel that has the capability to reside on a local area network (LAN) or wide area network (WAN) without connectivity to a PC serial port. The ISC shall utilize an off the shelf network connectivity device to deliver this functionality. Network based Intelligent System Controllers shall be able to communicate back with the database server through industry standard switches and routers and shall not have to be on the same subnet. The ISC is required to continue to function normally (stand-alone) in the event that it loses communication with the SYSTEM software. While in this off- line state, the ISC is required to make access granted/denied decisions and maintain a log of the events that have occurred. Events shall be stored in local memory, and then uploaded automatically to the SYSTEM database after communication has been restored. The ISC must contain the following features: . UL 294, ULC, and CE Certified . Support for Host Communications Speed of 115,200 bps . Support for Direct Connect, Remote Dial Up, or Local Area Network (LAN) Connection . Support for Dual Path Host Communications - Secondary Path shall be either Direct Connect, Local Area Network (LAN) Connection, or Remote Dial Up Connection. . Support for up to 8 MB of On-Board Memory . LAN Support shall utilize RJ45 (10/100baseT) Ethernet Interface . Flash Memory for real time program updates and overall host communications . Support for four 2 wire downstream ports, two 4 wire downstream ports, or combination one 4 wire downstream port and two 2 wire downstream ports . Memory storage of up to 5,000 cardholders/1 00,000 events, with memory expansion of up to 350,000 cardholders/1 ,000,000 events . Base ISC with standard memory download from the SYSTEM shall require no more than ten (10) minutes . Downstream ports shall be for connecting card readers and data gathering panels via RS-485 multi-drop wiring configuration . Support for up to 32 devices consisting of Reader Interface Modules, Input Control Modules, and Output Control Modules in any combination desired with a maximum of 16 ICMs per ISC . Support of multiple card technologies . Supervised Communications between ISC and SYSTEM Software . Multi - drop support for up to eight ISCs per SYSTEM communications port . Support of up to eight card formats and facility codes . RS-485 Full Duplex, UL 1076 Grade AA communication channel to the head end . Integration to other manufacturer's card readers . Uninterruptible Power Supply (UPS) with battery backup . 32-bit Microprocessor . Biometric Interface Support . An ISC downstream serial port shall multi-drop 16 access control field hardware devices using an RS-485 UL 1076 Grade A communication format allowing a distance of 4,000 feet using Belden 9842 cable or equivalent .12 VAC or 12 VDC input power - 36- . Issue Code Support for both Magnetic and Wiegand Card Formats . Individual Shunt Times (ADA Requirement) . Up to Nine Digit PIN Codes . Downstream serial RS-232 device support . Status LEOs for normal component and communication status 2.02 Input Control Module (lCM) The Input Control Module shall monitor all system alarm inputs. a) Grade B Inputs The Input Control Module shall provide up to 16 UL 1076 Grade B analog unsupervised alarm input zones to monitor and report alarm conditions, power faults, and tampers as well as 2 output control relays. When an alarm input is activated, the associated alarm condition shall be reported to both the ISC and subsequently to the SYSTEM alarm monitoring client workstation. Status LEOs shall provide information about the sixteen alarm zone inputs, cabinet tamper, and power fault. For each status LED, a slow flash shall imply a "No Alarm" condition and a fast flash shall indicate an alarm condition. b) Grade A Inputs The Input Control Module shall provide up to 16 UL 1076 Grade A analog supervised alarm input zones to monitor and report line fault conditions (open, short, ground, or circuit fault), alarm conditions, power faults and tampers. When an alarm input is activated, the associated alarm condition shall be reported to both the ISC and subsequently to the SYSTEM alarm monitoring client workstation. Status LEOs shall provide information about the sixteen alarm zone inputs, cabinet tamper, and power fault. For each status LED, a slow flash shall imply a "No Alarm" condition, a fast flash shall indicate an "Alarm Condition", and a solid LED shall indicate a "Zone Fault" (open, short, ground, or circuit fault). c) Grade AA Inputs The Input Control Module must provide up to 16 UL 1076 Grade AA alarm input zones to monitor and report line fault conditions, alarm conditions, power faults and tampers. When an alarm input is activated, the associated alarm condition shall be reported to the ISC and subsequently to a SYSTEM alarm monitoring client workstation. Status LEOs shall provide information about the sixteen alarm zone. The Input Control Modules must also be able to operate independently and in conjunction with Output Control Modules (OCM), which will send an output signal to a corresponding output device upon alarm input activation. Once an alarm has been received, the Input Control Module shall activate any or all alarm outputs within the Output Control Module. The Output Control Module shall provide 16 Form C outputs rated at 5A @ 30VDC. Upon an alarm input from the Input Control Module, the Output Control Module shall transmit an activating signal to a corresponding output device. Up to 161CMs shall be connected to an available ISC using RS-485 cabling. Diagnostic LEOs shall indicate ISC communication, input zone scanning, and Input Control Module heartbeat. The ICM must contain the following features: . UL 294, ULC, and CE Certified . Up to 16 Grade B, A, or AA Supervised Inputs in any Combination . 2 Form C Contacts for load switching . 2 dedicated inputs for tamper and power status - 37- 2.03. Output Control Module (OCM) The Output Control Module shall incorporate 16 Output Relays that are capable of controlling a corresponding output device upon any input activation or on command from the SYSTEM. 2.04 Card Readers Card readers shall be new proximity type using Wiegand format as manufactured by HID. No proprietary readers of any kind will be permitted. 2.05 Single Reader Interface Module (SRI) The Single Reader Interface Module shall provide an interface between the ISC and card readers. The Single Reader Interface Module must operate with any card reader that produces a standard Wiegand (Data 1 / Data 0 communication output. A single ISC shall be able to multi-drop as many as 32 Single Reader Interface Modules. Up to sixteen (16) SRls shall be connected to each port on the ISC. The SRI shall monitor on a per door basis, door position, exit push button, and two auxiliary alarm inputs. It shall also control the electric strike and provide two auxiliary relay outputs. The SRI shall support up to eight unique card formats. The SRI shall support an integrated card reader/keypad and shall support three access modes upon loss of communication with the ISC; locked, unlocked, and facility code. The SRI shall offer the following features: 1. UL 294, ULC, and CE Certified 2. 12VDC Power 2.06. Field Hardware Power Supplies Power Supplies for field hardware shall be designed specifically for the SYSTEM equipment installed. These power supplies shall be regulated, isolated versions for the ISC, ICM, Card Readers and other equipment. Each version shall be available in UPS with battery back-up and non-UPS models. All power supplies shall be housed in locked enclosures that also allow mounting space for the ISC, ICM, SRI, DRI or other device/panel required. 2.07. Star Configuration Splitter The SYSTEM shall support a star configuration splitter that shall expand a single ISC communications port into eight 2 wire or four 4 wire RS-485 communications ports to be used in a star configuration. All outgoing data shall be broadcast on all eight ports. 2.08 A. Intrusion System Control Panel The Control Panel shall comply with the following certifications, standards, and approvals. UL Standards UL365, Police Station Burglar Alarm Units and Systems UL464, Audible Signal Appliances UL609, Local Burglar Alarm Units and Systems UL864, Control Units for Fire-protective Signaling Systems UL985, Household Fire Warning System Units UL 1023, Household Burglar-alarm System Units UL 1076, Proprietary Burglar Alarm Units and Systems UL 1610, Central-station Burglar-alarm Units UL 1635, Digital Alarm Communicator System Units Approvals FCC: AJ9MLU-46532-AL-E, CSFM, MEA Communications B. - 38- SOl Bus A (+): 9 VDC - 4572 m (15,000 ft) SOl Bus B (-): 9 VDC - 4572 m (15,000 ft) Communications: . One telephone line . 0928 Dual Phone Line Module required for two telephone lines - Network capable with proper module Environmental Considerations Relative Humidity: 5% to 93% at +300C (+860F), non-condensing Temperature (Operating): OOC to +500C (+320F to +1200F) C. Number of... Areas: 8 Custom Functions: 16 Events: Up to 1000 Passcode Users: 249, plus 1 service passcode Parallel Printers: 3 Points: 246 (8 on-board, up to 238 off-board) Programmable Relay Outputs: 131 RF Points: 238 SKEDs: 64 D. Power Requirements Current Draw (Maximum): 300 mA Output (Alarm): 2 A at 12 VDC Output (Auxiliary): 1.4 A at 12 VDC nominal Voltage (Operating): 12 VDC nominal Voltage (AC): 16.5 VAC 40 VA plug-in transformer E. LCD Display Keypad Annunciator Outdoor Beams Selectable Beams: Two groups by four channels Minimum Outdoor Coverage 120 m (400 ft) Response Time: Selectable response time of 35 ms to 700 ms Beam Interrupt Time: Adjustable from 50 ms to 500 ms Enclosure Design Material: Polycarbonate Environmental Considerations Operating Temperature: _250 C to + 550 C (-130F to + 1300 F) IP Rating: IP 54 (protection against dust; protection against splashing water) 2.10 Glass Break Detectors Environmental Operating Temperature: -290C to +490C (-200F to +1200F) Radio Frequency Interference (RFI) Immunity: No alarm or setup on critical frequencies in the range from 26 MHz to 950 MHz at 50V/m. 3.00 ACCESS CONTROL EQUIPMENT It is the intent of this specification to require all devices installed under this contract to be proven to work together seamlessly in prior projects within the previous twelve months. Any substitutions or deviations from this equipment specification must be submitted in writing prior to bidding and approved in writing by the city. As part of the request for deviation, the bidder must include references for projects where such equipment was used successfully. - 39- 3.01 Access Control equipment shall be Lenel A. LNL-2000 Intelligent door controller B. LNL-1300 Single Reader Interface C. LNL-1100 Input Module D. LNL-1200 Output Module E. HID Proximity Card Readers as required by location F. Bosch OS 160 REX Detectors G. Sentrol1076D DPDT Alarm Contacts (Door Position Sensors) H. Locking Hardware by others I. Power Supplies- Altronix AL400ULX with PD8 modules 3.02 Intrusion Detection A. Intrusion Panel Bosch D9412G B. Keypad / arming station Bosch 01255 C. Concealed Alarm Contact Sentrol1 0760 D. Surface Alarm Contact Sentrol1 078 E. Motion Detection OS 938 F. Outdoor Beams OS 484Q or 486Q as required G. Glass Breaks OS 1101 i 3.03 Rack Cabinets as required for digital video components. Acceptable manufacturers are Chatsworth or Winsted and Lowell 3.04 Cables will conform to manufacturer's specifications and recommendations. A. Alarm West Penn 2/C-20awg 222 or 25222 as required B. Power West Penn 2/C-18awg 224 or 25224 as required C. Locks West Penn 2/C-16awg 225 or 25225 as required D. Readers West Penn 2pr-18awg 440 or 25440 as required E. Comm Belden 2pr-24awg 9842 or 82842 as required F. Video West Penn CAT5E Part III - Execution of Sturctured Cabling and AccesslSurveillance System 4.01 INSTALLATION A. All cable runs shall be continuous between devices. No connectors, fittings, terminations, splices or passive devices shall be installed in any inaccessible location. Said connections shall only be made at outlets, junction-boxes or terminal cabinets, or as indicated on Drawings. B. Exterior junction boxes for conduit and cable runs shall be 6" x 6" x 4" weatherproof enclosures. Conduit entries to junction boxes shall use compression waterproof connectors. C. All coaxial cable connectors shall be of solderless type with nominal impedance of 75 ohms. D. All cables entering and leaving terminal cabinets and junction boxes shall be tagged with plastic coated cable markers wrapped around cable. E. All cable connectors shall be installed using factory-recommended tools, designed for - 40- connectors being installed. F. All cables provided shall be new cables of recent manufacture. Cables which show bruises, kinks, or shipping damage shall not be installed in system. G. All cables, wires, cabinets, and junction boxes shall be labeled via a permanent labeling system to correspond with the shop drawings. 4.02 TESTING A. Before the Contract is considered complete, Contractor shall demonstrate performance of the Structured Cable and Access/Surveillance system in the presence of the City's Project Manager. B. The City's Project manager may order any changes, adjustments, or further tests deemed necessary to assure that systems are complete and operational, in accordance with Specifications. C. Contractor shall provide all test and reception gear required to prove performance as outlined; all costs of test and documentation will be borne by Contractor. D. If the City deems that system, or any part of system, does not meet specified performance requirements, Contractor shall conduct further tests, including complete sweep-analysis to locate faulty or defective components, or faulty workmanship. Contractor shall replace any defective components, parts or cables before further tests are ordered. E. Testing will be documented using contractor provided test sheets in Microsoft Excel format 4.03 General Requirements D Testing shall be completed by a Level III or higher field tester. D Testing shall follow ANSI/TIA/EIA-568-B.3. D Copper Plant Test Requirements D Testing must be conducted in accordance with the requirements of ANSI/TIA/EIA-568-B and/or ISO/IEC- 11801 :2002 standards. 4.04 WARRANTY o The successful Bidder shall warrant that all materials and equipment are new, in good working order, free from defects and in conformance with the Structured Cabling System specifications. All installed equipment must conform to the manufacturer's official published specifications. The warranty shall begin at the acceptance date and remain in effect for a period of twenty (20) years from that date. The successful Bidder shall agree to repair, adjust and/or replace (as determined by the Purchaser to be in its best interest) any defective equipment, materials or other parts of the Structured Cabling System at the successful Bidder's sole cost. The Purchaser will incur no costs for service or replacement of parts within the channel during the warranty period of twenty (20) years. - 41 - . Warranty claims must to be validated by an authorized representative, before corrective actions will be taken. o Products implemented in the system and are not listed in the Warranty "Product Schedule" will be subject to that product's specific warranty and warranty period. o Selected vendor must provide a Network Performance Solutions Warranty for a minimum of twenty (20) years. The Network Performance Solutions Warranty must guarantee the electrical performance to meet or exceed the Category 6 link and channel requirements as outlined in documents ANSI/TIA/EIA-568-B.1, B.2, B.3 and ISO/IEC 11801 :2002. The warranty must include complete parts and labor replacement of defective products. The manufacturer must warrant the products for a minimum of twenty (20) years. The Structured Cabling System warranty must have provisions for replacing the contracting organization at no cost to the customer should the contractor lose his status as an authorized installer or otherwise not fulfill his obligation to the customer as outlined in the System warranty program. o The successful Bidder shall warrant and supply evidence that the installation of materials and hardware will be made in strict compliance with all applicable provisions of the National Electric Code, the rules and regulations of the Federal Communications Commission, and state and/or local codes or ordinances that may apply. o The successful Bidder shall warrant that the Structured Cabling System will function as specified in the approved manufacturer's Technical Description Guide. o The successful Bidder shall warrant that the Structured Cabling System will accommodate traffic at the levels specified in all appropriate sections of this Request for Proposal. (ZERO BIT ERROR RATE WITHIN THE CHANNEL, as defined by the Network Performance Solutions Warranty.) 4.05 Quality Control D A Project Manager shall be assigned to the project, who maintains a current RCDD@ registration and is responsible for quality control during installation, equipment set-up and testing. D The project manager shall provide their RCDD certification and resume to owner. D Owner and/or Project Manager shall at any time request a shop visit of the manufacturing facilities of the equipment being installed for a quality audit of product. 4.06 Documentation D A Computer Aided Drawing (CAD) of the structured cable and security system will be provided as an E-Size drawing and on CD. - 42- Letter of Intent Attachment "A" I., . having read and fully understand the requirements ofthis RFQ to install the Structured Cabling and Security Surveillance System as outlined herein, do submit this bid offering, which includes all costs to the Purchaser, for the following company: Company Name Address: City, State Zip Phone: Fax: E-Mail: Print or Type Name: Signature: Title: Dated: Total Bid for Structured Cabling System: $ (U.S. Dollars) Total Bid for SecuritylSurveillance System: $ (U.S. Dollars) - 43- RESPONDER INFORMATION SHEET Attachment B Company: Address: City, State, Zip: Phone: Fax: E-Mail: Contact Person: Title: RCDD Name: RCDD Number: (Attach a current copy of the RCDD Certificate) Program Manager Name: Phone: State License Number: (Attach a current copy of the License) Test equipment owned or plan to purchase for this project: (List last calibration date for each) Copper List software for as-builts and testing documentation: As builts: Testing: List of subcontractors you plan to use and what portion of the project they will perform. (Attach information that shows their skill level for working on this project) - 44- Ii - I. ITEM NO. 15 I I Approvals City Attorney Director of Finance City Manager p;..<'" /iJ2 (JU., CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: May 22,2007 SUBJECT: Agreement for Consulting Services between the City of Temecula and Inland Planning & Design, Inc. PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council approve a Contract with Inland Planning & Design, Inc. for planning services in the amount of $75,200.00. BACKGROUND: The recent development activity within Old Town for buildings that are three stories or taller, as well as an interest in developing large scale projects, has prompted staff to consider the long term impacts that the current development standards and design guidelines may have on the urban form of Old Town Temecula. In addition to evaluating the urban form of Old Town, staff will also be evaluating the parking requirements and the market conditions within Old Town. These three studies will run concurrently and encompass the visioning for the future of Old Town Temecula. To begin the visioning process, the Planning Department is requesting that the City Council enter into an agreement for consulting services with I nland Planning & Design. I nland Planning & Design will assist staff by evaluating how the current standards, guidelines and policies within the Old Town Specific Plan could influence the urban form of Old Town Temecula. Following the visioning process, staff anticipates preparing an amendmentto the Old Town Specific Plan that incorporates elements of the visioning process to achieve the desired urban form and future of Old Town Temecula. FISCAL IMPACT: Payments to the consultant will be paid from the Consulting Services budget and adequate funds have been included in the FY 2006-07 Operating Budget. All consultant fees will be paid in accordance with the approved fee schedule shown in Attachment "B" of the Agreement for Consulting Services. ATTACHMENTS: Agreement for Consulting Services AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND INLAND PLANNING & DESIGN. INC. THIS AGREEMENT is made and effective as of Mav 22. 2007, between the City of Temecula, a municipal corporation ("City") and Inland Plannina & Desian. 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 Mav 22. 2007:, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30., 2008, 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 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 $75.200.00 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. 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. 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 identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 2 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 Scooe 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. 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. 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. 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 3 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. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. F. Verification of Coveraae. 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. 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 4 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. 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. A. 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 (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 5 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Inland Planning & Design, Inc. P.O. Box 390537, Anza, CA 92539 Attention: Frank Miller 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 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 prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of 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. 6 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, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Inland Planning & Design, Inc. P.O. Box 390537, Anza, CA 92539 Attention: Frank Miller Fax: (608) 218-6246 Phone: (608) 332-8832 By: Name: Title: By: Name: Title: [Signatures of Two Corporate Officers Required] 7 EXHIBIT A TASKS TO BE PERFORMED Task One: Review of Background Materials and Preparation of Base Maps. This work is intended to provide us with a comprehensive overview of the existing strengths, limitations, opportunities and threats relating to Old Town's growth. This includes the following work: D Review the history of Temecula; D Review natural site features (topography, surface drainage, views); D Review utility infrastructure (storm water, sanitary sewer, water, electric, gas, voice/data); D Meet with City of Temecula staff to review the Old Town Specific plan and other relevant planning documents; D Review the Army Corps of Engineers Murrieta Creek flood control improvement plans; D Meet with key public and private stakeholders per City's recommendations; D Review recent and current development projects in Old Town; D Preparation of land use and urban design base maps; D Review key urban, architectural and functional features of Old Town (street design, frontage types, architectural periods, service patterns (i.e., delivery and trash pickup), and pedestrian patterns). D Review recommendations by other consultants regarding a) traffic/ circulation/parking and the b) market potential for office and retail in Old Town. Time Frame for Task 1: Gather base data: Prepare master planning base maps One meeting to review base data with City staff; One meeting to review the traffic and parking findings; One meeting to review the market potential findings; 2 weeks; 3 weeks; Task Two: Develop Conceptual Land Use and Urban Design Plans for Old Town. D Develop three alternative conceptual land use and urban design plans exploring: o building heights and envelopes, o configurations of buildings and alleys within blocks, o building frontage types, o servicing and alley designs, 8 o parking configuration and distribution, o mixes of uses, o location of other civic sites and open spaces; D Incorporate the findings of the City's consultants on parking, traffic circulation, and market potential for commercial and retail; D Interviews with key public and private stakeholders as identified by the City; D Deliverables for this phase include: o Two and three-dimensional drawings and sketches providing easily understood visions for Old Town's potential growth. These materials are intended to serve as tools for further discussions of key issues determining Old Town's future. o In addition, we will create preliminary form-based code documents that may contribute to a future Form-Based Code for Old Town. Time Frame for Task 2: 8 weeks. Two workshops with City staff to review plans. Task Three: Present Conceptual Land Use and Urban Design Plans to Key Stakeholders. This project concludes with a workshop to present the alternative master plans to Old Town's key stakeholders. The format and participants are to be determined with the City's guidance. We will prepare presentations on hardcopy and in PowerPoint summarizing the alternate conceptual master plans for Old Town. We will facilitate a workshop that includes participants from the 'Old Town Local Review Board', City Planning and City Council and/or others recommended by the City. Time Frame for Task 3: 2 days to 1 week, including 1-2 workshops within one day; 1 meeting to review workshop results with City staff. 9 EXHIBIT B PAYMENT RATES AND SCHEDULE IPD's proposed fee for the above consulting services is $70,000, plus direct costs for travel, lodging and document reproduction not to exceed $5000. The schedule of fees and allocation of costs per task is shown below. Frank Miller: Jane Grabowski-Miller: Robert Gibbs $225.00/hr. $225.00/hr. $450.00/hr. Task 1: Review of Background Materials and Preparation of Base Maps; approximately 20% of fee, or $14,000. Estimated allocation of hours: Frank Miller: 35 hours @ $225.00/hr. $ 7,875 Jane Grabowski-Miller: 15 hours @ $225.00/hr. $ 3,375 Robert Gibbs 6 hours @$450.00/hr. $ 2.700 $13,950 Task 2: Develop Conceptual Land Use and Urban Design Plans for Old Town; approximately 60% of fee, or $42,000. Estimated allocation of hours: Frank Miller: 95 hours @ $225.00/hr. $21,375 Jane Grabowski-Miller: 60 hours @ $225.00/hr. $13,500 Robert Gibbs 16 hours @$450.00/hr. $ 7.200 $42,075 Task 3: Present Conceptual Land Use and Urban Design Plans to Key Stakeholders; (approximately 20% of fee, or $14,000). Estimated allocation of hours: Frank Miller: 24 hours @ $225.00/hr. $ 5,400 Jane Grabowski-Miller: 23 hours @ $225.00/hr. $ 5,175 Robert Gibbs 8 hours !in Temecula) $ 3.600 $14,175 Budget for Reimbursable Expenses Reproduction: a) Color plots, 32" x 42", 20 draft plots @$25 ea = $ 500 b) Color plots, 32" x 42", 10 final plots @ $30 ea = $ 300 c) Reports, 11" x 17", ten draft + ten final copies = $ 500 Airfare: Of the eight anticipated airfares, assume half are in-kind, leaving four round trips at approximately $500 each = $2000 Hotel: Eight (8) nights @$150/night = $1200 Misc: Gas. food. car rental = $ 500 $5000 10 Ii - I. ITEM NO. 16 I I Approvals City Attorney Director of Finance City Manager ~ 1JJ2 (J(0 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: May 22,2007 SUBJECT: Approve Purchase of Two Sets of Banners With Kelley Display PREPARED BY: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: That the City Council: 1. Approve the agreement to purchase two sets of banners with Kelley Display in the amount of $26,000. BACKGROUND: Some of the City banners which are displayed along Rancho California Road and Winchester Road need to be replaced. They have been up on a rotating basis forthe past seven years and the banners are worn and faded. Staff is recommending that two sets of banners (120 banners for each set) be replaced for this fiscal year. Kelley Display, Inc. provides custom banner services for the City of Temecula and the Temecula Redevelopment Agency for FY2006-07. This firm is responsible for manufacturing, storing and cleaning the City banners. The design for the banners will be developed in-house. One set of banners will exhibit a "Cultural Arts" theme which will complement the City's Cultural Arts Program as well as some special events that the City sponsors including the Arts Festival, Temecula Valley International Jazz Festival and Temecula OnStage. The second set of banners will exhibit a "Fall/Harvest" theme. FISCAL IMPACT: Adequate funds for the banners have been included in the FY2006-07 Operating Budget (Economic Development Banner Program line item, account #001-111-999-5271) for the recommended expenditure of $26,000. ATTACHMENTS: Agreement CITY OF TEMECULA BANNER PURCHASE/REPLACEMENT AGREEMENT With KELLEY DISPLAY, INC. This Banner Purchase/Replacement Agreement ("Agreement") is made and entered into as of May 22, 2007, by and between the City of Temecula ("City"), a municipal corporation, and Kelley Display, Inc. ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Term. This Agreement shall commence as of May 22, 2007 and shall remain and continue in effect until tasks described therein are completed, but in no event later than December 31, 2007, unless sooner terminated pursuant to the provisions of this Agreement. 2. Purchase/Sale/Shiooinp of Banners. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to manufacture, sell and deliver to the City the street banners. Description of the work and design of the two sets of Banners, attached hereto and incorporated herein as though set forth in full is described in Exhibit A (hereafter "Banners"). 3. Purchase/Sale/Shiooina Price. The Purchase and Shipping price which City agrees to pay to Vendor for the Banners shall not exceed Twenty-six Thousand Dollars ($26,000.00) as described in the Quote (Exhibit B). The Purchase price is final and shall be paid by the City to Vendor in accordance with the following schedule: thirty (30) days after receipt of product. 4. Scooe of Work. Vendor shall manufacture and ship the banners. Vendor shall provide and furnish all labor, and materials, required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Agreement Term (item #1). Vendor shall not commence the Work until such time as directed by the City. 5. Reoresentations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authoritv 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 and Condition. Vendor has good and marketable title to all of the Banners manufactured. All of the Banners are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Banners free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Banners are in 1 '- \VVINOUNc;\d~,L1ul\llt1teln~\55U4\$Ac;U~LlrlJ4~5UI.L1ul good condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware the City is purchasing the Banners for use on street light poles and that City is relying on Vendor's warranties that the Banners are fit for this purpose and the ordinary purposes for which the Banners are normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains 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. 6. Performance. Vendor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. 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 obligations under this Agreement. 7. Citl( Aooroval. All labor, materials, 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 four years from date of acceptance. City shall inspect the Banners at the time and place of delivery. If, in the determination of City, the Banners fail to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Banners to City. Failing such notice, the Banners shall be deemed accepted by City as of the date of receipt. 8. Time of Delivery. The Banners shall be delivered according to the Banner Schedule (schedule subject to changes). 9. Place of Deliverv. The Banners shall be delivered to this location: 43200 Business Park Drive, Temecula, CA 92590. 10. Reiection. In the event of such notice of non-conformity by City pursuant to Section 6, City may, at its option, (1) reject the whole of the Banners, or (2) accept the whole of the Banners. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 11. No Reolacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that the Banners tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Banners or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 12. 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 2 ,_ \VVINOUNc;\d~,L1ul\llt1teln~\55U4\$Ac;U~LlrlJ4~5U 1 .UUl from the Banners or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 13. Default of Vendor. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Vendor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 14. Liability Insurance. Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Limits of Insurance. Vendor 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) Worker's Compensation as required by the State of California; Employer's Liability: $1,000,000 per accident for bodily injury or disease. b. Other Insurance Provisions. The general liability policy is 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 as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. 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 the banners/storage and cleaning, the Vendor's insurance coverage shall be primary insurance as 3 ,_ \VVINOUNc;\d~,L1ul\llt1teln~\55U4\$Ac;U~LlrlJ4~5U 1 .UUl 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 Vendor'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 Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (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. c. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating of no less than AVII, unless otherwise acceptable to the City. d. Verification of Coveraae. Vendor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 15. Survival of Reoresentations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, and performance of this Agreement. 16. Leaal Resl?onsibilities. 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. 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 Vendor, or Vendor's sub-contractors for this agreement, during his/her tenure or for one year thereafter. The Vendor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Vendor or Vendor's sub-contractors. Vendor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. Indeoendent Vendor. Vendor is and shall at all times remain as to the City a wholly independent Vendor. The personnel performing the services under this Agreement on behalf of the Vendor shall at all times be under the Vendor's exclusive direction 4 ,_ \VVINOUNc;\d~,L1ul\llt1teln~\55U4\$Ac;U~LlrlJ4~5U 1 .UUl and control. Neither the City nor any of its officers, employees, agents or volunteers shall have control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner, officers, employees or agents of the City of Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner. 19 Assianment. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 20. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To Vendor at: Kelley Display, Inc. P.O. Box 671 3825 Gregory Ave. West Sacramento, CA 95691 Attn: Ron Kelley To City at: City of Temecula PO Box 9033 43200 Business Park Drive Temecula, California 92589-9033 Attn: Assistant City Manager 21. Governinq Law. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern 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. 22. Entire Aareement. 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 based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 23. Authoritv To Execute This Aareement. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. //// 5 ,_ \VVINOUNc;\d~,L1ul\llt1teln~\55U4\$Ac;U~LlrlJ4~5U 1 .UUl IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and year first above written. CITY OF TEMECULA Chuck Washington Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney Vendor Kelley Display, Inc. P.O. Box 671 3825 Gregory Ave. West Sacramento, CA 95691 BY: NAME: TITLE: BY: NAME: TITLE: 6 u \lV1 N OUNc;\d~,L1uullt1teln ~\55U4\$Ac;U~LlrlJ4~5U 1 .UUl. EXHIBIT A DESCRIPTION OF SCOPE OF WORK & DESIGN OF FIRST AND SECOND SETS OF BANNERS Vendor shall manufacture and ship the banners. Vendor shall provide and furnish all labor, and materials, required for the Work. All banners are located along Rancho California and Winchester Roads. Specs: 30" X 94Y:!" digital print - two sided Banner Set #1: Cultural Arts Theme Banner Set #2: Fall/Harvest Theme 7 u \lV1 N OUNc;\d~,L1uullt1teln ~\55U4\$Ac;U~LlrlJ4~5U 1 .UUl. EXHIBIT B BANNER QUOTE ATTACHED IS FOR ONE SET OF BANNERS. NOTE: There will be two sets of banners, thus, quote will be doubled. 8 u \lV1 N OUNc;\d~,L1uullt1teln ~\55U4\$Ac;U~LlrlJ4~5U 1 .UUl. Ii - I. ITEM NO. 17 I I Approvals City Attorney Director of Finance City Manager ~ 1JJ2 ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: May 22,2007 SUBJECT: Securitas Security Services PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the City Council approves an Amendment to the current Agreement between the City of Temecula and Securitas Security Services USA Inc. to provide additional security services in the amount of $20,000. BACKGROUND: On June 9, 2006 the City Manager approved an agreement with Securitas Security Services USA Inc., for late night patrol of Harveston Lake Park in the amount of $25,000. Due to the need for increased hours of security patrol at Harveston Lake Park, an amendment to the original agreement in the amount of $20,000 is necessary for a total contract agreement of $45,000. Securitas has successfully provided outstanding security services at Harveston Lake Park since 2006. This Amendment will serve to continue hours of late night security services and to assist in security services necessary for large city-wide special events. FISCAL IMPACT: The cost necessary to provide additional security services for the remainder of FY06-07 is $20,000, and is currently budgeted in 196-180-5250 and 190-183-999- 5370. ATTACHMENTS: Attachments FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND SECURITAS SECURITY SERVICES USA INC. THIS FIRST AMENDMENT is made and entered into as of May 22, 2007, by and between the City of Temecula ("City"), a municipal corporation, and Securitas Securitv Services USA Inc. ("Vendor). 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 June 9, 2006, the City and Securitas Securitv Services USA "Vendor") entered into that certain agreement entitled "Non-Exclusive Agreement for Consultant Services Between the City of Temecula and Securitas Security Services USA" ("Agreement"), in the amount not to exceed $25,000. b. The parties now desire to increase the payment for services in the amount of $20,000 for additional security services and amend the Agreement as set forth in this Amendment. 2. Section 4.A. of the Agreement is hereby amended to read as follows: "AThe City agree s to pay Vendor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed twenty thousand dollars and no cents ($20,000) for additional hours of security services for a total agreement amount not to exceed forty-five thousand dollars and no cents ($45,000)." 3. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Exhibit A to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 C:\WI N DOWSlapsdoclnettemp\4 724 \$ASQpdf842596, doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Chuck Washington, Mayor ATTEST: BY: Susan W. Jones, MMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSUL TANT/CONTRACTORlVENDOR: [Choose one and Insert Company name, contact name, mailing address, phone number & fax number] Securitas Security Services USA Inc. BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) 2 C:\WI N DOWSlapsdoclnettemp\4 724 \$ASQpdf842596, doc EXHIBIT A PAYMENT RATES AND SCHEDULE Payment rates and schedule will be determined on an "as needed" basis for any City event at any City location. All rates, hours needed, and level of security staffing must be pre-approved prior to a specific event or needed presence. D Rate of Pay is $17.50 per hour D Vehicle Rental Rate is $125.00 per week D Overtime Rate may apply as appropriate. 3 C:\WI N DOWSlapsdoclnettemp\4 724 \$ASQpdf842596, doc Ii - I. ITEM NO. 18 I I Approvals City Attorney Director of Finance City Manager ~f'" 4/2 ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Glenn Patterson, Battalion Chief DATE: May 22,2007 SUBJECT: AED Purchase for TVUSD PREPARED BY: Tim Buckley, Fire Captain RECOMMENDATION: That the City Council: 1. Approve the purchase of 43 AED units for $82,142.88 from Philips Medical Systems Inc.; 2. Authorize the Mayor to sign the attached MOU with the Temecula Valley Unified School District for the purchase of AED units with a $51,578.09 deposit. BACKGROUND: The City has a successful Public Access Defibrillation program that was approved by the City Council a few years ago. The goal of this program is to place Automatic External Defibrillators (AED's) in public places throughout the City. Recently, Temecula Valley Unified School District approached the City with the intent of installing AED units at school facilities. When these discussions first came up, we were considering placing the units at the schools over a several year period. After considering a multi-year phase in, the School District decided that from a public safety stand point, outfitting all facilities at one time made the most sense. This action will allow the City and the School District to split the cost of 32 AED units and will also allow the School District to purchase an additional 11 units so all school facilities will receive adequate AED coverage. This item was also discussed at the joint City Council/School Board meeting and the School District was excited to partner with the City on this project. Funds for this project will come from the 2006/2007 Fiscal Year Fire Department budget. The cost for the 43 units is $82,142.88 by sharing in this cost the City will pay only $30,564.80. The School District will be responsible for the balance of $30,564.80 and an additional $21 ,013.29 for 11 more units they are purchasing. The total cost to the school district for the purchase and implementation of 43 AED units will be $51,578.09. These funds will be collected from the School District prior to purchasing the units from Phillips Medical Systems Inc. This purchase is a sole source purchase and will help to maintain the continuity of the Citywide Public Access Defibrillation Program throughout the City. FISCAL IMPACT: Funds available in current FY 2006/2007 Fire Department Budgetfor the City portion of the AED purchase in the amount of $30,564.80 and the Temecula Valley Unified School District will provide a deposit of $51 ,578.09 for the balance. ATTACHMENTS: MOU Agreement with Temecula Valley Unified School District MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT REGARDING AUTOMATIC EXTERNAL DEFIBRILLATORS This Memorandum ofLTnderstanding ("MOLT") is made as of May 22, 2007, by and between the City of Temecula, a municipal corporation ("City") and the Temecula Valley LTnified School District, a Califomia public school district ("District"). 1. RECITALS A. TIle City currently has in place the Public Access Defibrillation Program through which the City places automatic eJ\.iemal defibrillator ("AED") units at key locations throughout the City for use in case of emergency. B. As part of its Public Access Defibrillation Program, the City obtains AED units directly from an AED manufacturer at a discounted price, which results in significant savings to the City. C. TIle City and the District both desire the installation of AED units at schools located within the District to benefit students and visitors at District schools. D. The City has determined, in the exercise of its legislative discretion that entering into this MOLT with the District serves a public purpose and directly benefits the City. Specifically, the City has detemlined that the City's contribution of AED units fulfills the public purpose of assisting the City in its responsiveness to medical emergencies. Additionally, the City Council has determined that there is a public interest in providing an additional level of immediate response to medical emergencies. E. TIle City is interested in contributing an amount equal to fifty percent (500'0) ofthe purchase price for thirty-two (32) AED units. F. The District is interested in purchasing eleven (11) additional AED units, in addition to the thirty-two (32) units to which the City is contributing. NOW, THEREFORE, in consideration of perfomlance of the promises, covenants and conditions herein contained, the parties hereto agree as follows: 2. TERM This MOLT shall be effective on the date of its execution by both parties and shall remain in effect for a period oftwo (2) years. 1 3. CITY COMMITMENTS A. Purchase of AED Units. The City shall purchase a total of forty-three (43) AED units for use in District schools on behalf of the District and sell those AED units to the District. B. One-Time Financial Contribution. The City hereby agrees to contribute, on behalf of the District, on a one-time basis, the sum of thirty thousand five hundred six1:y-four dollars and eighty cents ($30,564.80), which represents the City's fifty percent (5000) share of the total purchase price for thirty-two (32) AED units for use in District schools, from a source at the City's discretion ("City Contribution"). C. No Additional Contributions. The District acknowledges the City Contribution to the District, in addition to the other substantial ongoing support the City currently provides to the District. The City has made no commitment to fund additional contributions in subsequent years. D. Training. TIle City, through its Fire Department, shall train designated District employees in the operation and use of the AED units installed in District schools for a price as indicated in Section 4.B ofthis MOLT. 4. DISTRICT COMMITMENTS A. Payment for AED Units. TIle District shall deposit to the City the sum offifty one thousand five hundred seventy-eight dollars and nine cents ($51,578.09) prior to the purchase ofthe equipment, as itemized below: 1. Thirty thousand five hundred six1:y-four dollars and eighty cents ($30,564.80) for the District's fifty percent (5000) share of the purchase price for thirty two (32) AED units; and 2. Twenty one thousand thirteen dollars and twenty-nine cents ($21,013.29) for one hundred percent (10000) of the purchase price for an additional eleven (11) AED units. B. Additional Payment for Training. TIle District shall pay to the City the amount of twenty dollars ($20.00) for each District employee the City trains to operate an AED unit. TIle training for the operation and use of the AED units shall be scheduled at a later time mutually agreeable to the City Manager and the District's Superintendent. C. Installation by District. The installation of the AED units in the District's schools shall be the sole responsibility of the District. TIle AED units shall be mounted in accordance with the AED unit manufacturer's instmctions for installation. D. local, State Compliance with Laws. The District shall keep itself informed of all and Federal ordinances, laws and regulations which in any manner affect 2 those employed by it or in any way affect the perfonnance of its service pursuant to this MOLT. TIle District 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 ofthe District to comply with this section. E. AED-Re1ated Laws and Protocols. TIle District acknowledges that certain protocols exist as to the installation, use, operation and maintenance of AED units, and hereby warrants that it shall comply with all laws, regulations and protocols related to the installation, use, operation and maintenance of AED units. F. Indemnification. To the full ex1:ent permitted by law, the District shall defend, indemnify, protect and hold hannless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attomey 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 District's negligent or wrongful acts or omissions arising out of or in any way related to the perfomlance or non-perfomlance of this Agreement, excepting only liability arising out of the negligence of the City. G. Warranties. TIle City is conveying and selling the AED units to the District in an "as-is" condition without any warranties whatsoever as to their condition or fitness for use. To the ex1:ent allowed by law or contract, the City hereby assigns the manufacturer's warranties for the AED units to the District. 5. ASSIGNMENT TIle District shall not assign the perfomlance of this Agreement, nor any part thereof, nor any monies due or AED units donated hereunder, without prior written consent ofthe City. 6. GOVERNING LAW TIle City and District understand and agree that the laws of the State of Califomia shall govem the rights, obligations, duties and liabilities of the parties to this Agreement and also govem the interpretation of this Agreement. Any litigation conceming this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. hl the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as detemlined by the Court's judgment, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted. 3 7. ATTORNEYS FEES Should either party to this MOLT be forced to initiate legal action to enforce its rights, the prevailing party in any such action shall be entitled to recover its costs of suit including, without limitation, reasonable attorneys' fees incurred. 8. INTEGRATION This MOLT represents the entire integrated agreement between the City and the District, and supersedes all prior negotiations, representations or agreements, either written or oral. This MOLT may be amended only by a written instrument signed by both the City and the District. TO EFFECTUATE THIS MOU the parties have caused their duly authorized representatives to execute this MOLT on the dates set forth below. "City" City of Temecula "District" Temecula Valley LTnified School District By: By: Chuck Washington, Mayor Stewart Morris, President of School Board Date: Date: Attest: Attest: By: By: Susan Jones, CMC, City Clerk Richard Shafer, Clerk of the School Board Approved As To Fornl: By: Peter M. 111Orson, City Attorney 4 TEMECULA COMMUNITY SERVICES DISTRICT Ii - I. ITEM NO. 19 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAY 8,2007 A regular meeting of the City of Temecula Community Services District was called to order at 7:45 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Naggar, Roberts, Washington Comerchero ABSENT: o DIRECTORS: None. Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of April 24, 2007. 16 First Amendment to Professional Services Aareement for Environmental Clearance for the Ronald Reaaan Soorts Park Desiltina Basin - Proiect No. PW05-13 RECOMMENDATION: 16.1 Approve the First Amendment to the agreement with Bonterra Consulting in an amount not to exceed $25,520.00 to provide additional Environmental Services to complete the Environmental Clearance phase of the Ronald Reagan Sports Park Desilting Basin - Project PW05-13; 16.2 Advance $25,520.00 from TCSD - Citywide Fund to fund the project until such time the Federal Emergency Management Agency (FEMA) provides funding through its reimbursement program. MOTION: Director Washington moved to approve the Consent Calendar. Director Edwards seconded the motion and electronic vote reflected unanimous aooroval. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No additional comments. R:\Minutes\050B07 CSD GENERAL MANAGERS REPORT No additional comments. CSD BOARD OF DIRECTORS REPORTS No additional comments. CSD ADJOURNMENT At 7:46 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, May 22,2007, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\050B07 2 Ii - I. ITEM NO. 20 I I Approvals City Attorney Director of Finance City Manager ~ /iJ2 (JU..., TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Roberts, Director of Finance DATE: May 22,2007 SUBJECT: Financial Statements for the Nine Months Ended March 31,2007 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the nine months ended March 31, 2007. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the nine months ended March 31,2007. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of March 31, 2007 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 2007 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of March 31, 2007 And the Statement of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31, 2007 (Unaudited) Prepared by the Finance Department T emecula Community Services District Combining Balance Sheet As of March 31, 2007 Parks & Service Service Service Recreation Level B Level C Level D Assets: Cash and investments $1,027,547 $15,892 $5,487 $21,397 Receivables 36,823 821 1,676 9,009 Due from other fnnds 219,000 Total assets $1,283,370 $16,713 $7,163 $30,406 Liabilities and fnnd balances: Liabilities: Other current liabilities $458,839 $323 $224,547 $2,061 458,839 323 224,547 2,061 Fnnd balances: Reserved Designated 824,531 16,390 (217,384) 28,345 Total fund balances 824,531 16,390 (217,384) 28,345 Total liabilities and fnnd balances $1,283,370 $16,713 $7,163 $30,406 Please note that these balances are unaudited T emecula Community Services District Combining Balance Sheet As of March 31, 2007 Service Service Debt Level R Level L Library Service Iotal Assets: Cash and investments $37,158 $280,847 $794,256 $130,298 $2,312,882 Receivables 383 3,231 7,108 46 59,097 Due from other fnnds 219,000 Total assets $37,541 $284,078 $801,364 $130,344 $2,590,979 Liabilities and fnnd balances: Liabilities: Other current liabilities $6,228 $260,903 $952,901 6,228 260,903 952,901 Fnnd balances: Reserved $130,344 Designated $37,541 277 ,850 540,461 1,507,734 Iotal fund balances 37,541 277 ,850 540,461 130,344 1,638,078 Total liabilities and fnnd balances $37,541 $284,078 $801,364 $130,344 $2,590,979 Please note that these balances are unaudited 2 T emecula Community Services District Citywide Operations Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Nine Months Ended March 31, 2007 Armual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Special tax $3,050,122 $1,529,822 $1,529,822 50% (I) TCSD adrnin fee credit/"REST" 5,553,415 4,165,061 4,165,061 75% Recreation programs 1,215,400 932,563 932,563 77% Investment interest 6,000 25,682 25,682 Development services 133,180 91,527 91,527 69% Lease Income 35,760 27,705 27,705 77% Reimbursements/CIP 35,000 11,991 11,991 34% (2) Total Revenues 10,028,877 6,784,351 6,784,351 68% Expenditures: Parks, medians and arterial street lighting 7,070,531 4,973,995 $577,038 5,551,033 79"10 Seniors 209,610 158,705 9,029 167,734 80% Community Recreation Center (CRC) 510,514 375,337 19,386 394,723 77% Recreation programs 698,116 492,631 11,869 504,500 72% Temecula Community Center (TCC) 187,290 102,056 12,198 114,254 61% Museum 236,279 172,647 16,358 189,005 80% Aquatics 594,642 376,007 12,785 388,792 65% Sports 300,033 163,384 17,196 180,580 60% Children's Museum 274,236 205,967 8,428 214,395 78% Community Theater 936,022 710,316 33,636 743,952 79"10 Cultural Arts 174,657 61,950 14,893 76,843 44% Total Expenditures 11,191,930 7,792,995 732,816 8,525,811 76% Revenues Over/(Under) Expenditures (1,163,053) (1,008,644) Operating Transfers Out (501,500) (501,500) Revenues Over/(Under) Expenditures and Operating Transfers (661,553) (507,144) Beginning Fund Balance, July 1, 2006 1,331,675 1,331,675 Ending Fund Balance, March 31, 2007 $670,122 $824,531 Notes: 1) The second half of Special Assessment taxes are expected to be received by the end of May of this fiscal year. 2) The variance is due to less than anticipating capital project hours allocation for Landscape maintenance inspectors during this fiscal year. 3 Temecula Community Services District Service Level B - Residential Street Lights Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual For the Nine Months Ended March 31,2007 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Assessments $617,617 $307,724 $307,724 50% (1) Investment Interest 1,200 2,076 2,076 Street lighting fees 8,200 10,656 10,656 130% (2) Total Revenues 627,017 320,456 320,456 51% Expenditures: Salaries & Wages 6,123 4,657 4,657 76% Street lighting 673,000 453,016 453,016 67% Operating Expenditures 24,900 7,681 7,681 31% Total Expenditures 704,023 465,354 465,354 66% Revenues Over/CUnder) Expenditures (77,006) (144,898) Beginning Fund Balance, July 1, 2006 161,288 161,288 Ending Fund Balance, March 31,2007 $84,282 $16,390 Notes: 1) The second half of Special Assessmenttaxes are expected to be received by the end of May of this fiscal year. 2) The increase in street lighting fees is due to the timing of developers pulling permits for estimated lighting fees for the fiscal year. 4 T emecula Community Services District Service Level C - Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Nine Months Ended March 31, 2007 Annual Amended YTD Total Percent Budget Activity Encumbrances Activity of Budget Revenues: Assessments $1,333,446 $670,229 $670,229 50% (I) Investment interest 1,200 1,289 1,289 107% Plan check and inspections 30,000 9,753 9,753 33% (2) Total Revenues 1,364,646 681,271 681,271 50% Expenditures: Salaries and wages 254,350 174,149 174,149 68% Landscape maintenance 792,000 572,147 $193,442 765,589 97% (3) Utilities 360,000 280,938 280,938 78% Operating Expenditures 113,900 33,436 36,054 69,490 61% Total Expenditures 1,520,250 1,060,670 229,496 1,290,166 85% Revenues Over/(Under) Expenditures (155,604) (379,399) Beginning Fund Balance, July I, 2006 162,015 162,015 Ending Fund Balance, March 31, 2007 $6,411 ($217,384) (4) Notes: 1) The second half of Special Assessment taxes are expected to be received by the end of 1.1ay of this fiscal year. 2) The variance in plan check and inspection fees is due to decreasing activity in project development during this fiscal year. 3) The variance is primarily due to encumbrances that are recorded for landscape maintenance and consulting services for the remainder of the fiscal year. 4) Due to a timing difference, the Assessments are expected to be received at the end of1.1ay 2007. 5 T emecula Community Services District Service Level D - Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Nine Months Ended March 31, 2007 Armual Amended YTD Total Percent Budget Activity Encurnbr. Activity of Budget Revenues: Assessments $4,882,790 $2,453,094 $2,453,094 50% (I) Grants 21,800 21,841 21,841 100% (2) Investment interest 1,000 10,560 10,560 Recycling Program 5,000 5,000 5,000 100% (3) Total Revenues 4,910,590 2,490,495 2,490,495 51% Expenditures: Salaries and wages 46,060 33,599 33,599 73% Refuse hauling 4,812,486 2,398,622 2,398,622 50% (4) Operating Expenditures 60,202 40,233 $1,167 41,400 69% Total Expenditures 4,918,7 48 2,472,454 1,167 2,473,621 50% Revenues Over/(Under) Expenditures (8,158) 18,041 Beginning Fund Balance, July 1, 2006 10,304 10,304 Ending Fund Balance, March 31, 2007 $2,146 $28,345 Notes: 1) The second half of Special Assessment taxes are expected to be received by the end of 1.1ay of this fiscal year. 2) The recycling grant was received in August of this fiscal year. 3) The CR & R recycling grant was received in January of this fiscal year. 4) The second payment for refuse hauling is due by the end of Jnne of this fiscal year. 6 T emecula Community Services District Service Level R - Streets and Roads Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Nine Months Ended March 31, 2007 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Assessments $9,476 $5,333 $5,333 56% (1) Investment interest 100 940 940 Total Revenues 9,576 6,273 6,273 66% Expenditures: Emergency Street 1.1aintenance 12,100 $6,000 6,000 50% (2) Operating Expenditures 100 34 34 34% Total Expenditures 12,200 34 6,000 6,034 49% Revenues Over/(Under) Expenditures (2,624) 6,239 Beginning Fund Balance, July 1, 2006 31,302 31,302 Ending Fund Balance, March 31, 2007 $28,678 $37,541 Notes: 1) The second half of Special Assessment taxes are expected to be received by the end of 1.1ay of this fiscal year. 2) The grading for Street maintenance has been minimal due to reduced rainfall this year. 7 T emecula Community Services District Service Level L -Lake Park 1.1aintenance Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Nine Months Ended March 31, 2007 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Assessments $213,232 $67,639 $67,639 32% (1) Investment interest 500 8,600 8,600 Total Revenues 213,732 76,239 76,239 36% Expenditures: Salaries & Wages 27,632 20,052 20,052 73% Lake maintenance 51,700 28,720 $14,723 43,443 84% (2) Operating Expenditures 146,400 101,256 17,779 119,035 81% (2) Total Expenditures 225,732 150,028 32,502 182,530 81% Revenues Over/(Under) Expenditures (12,000) (73,789) Beginning Fund Balance, July 1, 2006 351,639 351,639 Ending Fund Balance, March 31, 2007 $339,639 $277 ,850 Notes: 1) The second half of Special Assessment taxes are expected to be received by the end of 1.1ay of this fiscal year. 2) The variance is due to encumbrances that are recorded for maintenance and outside services for the remainder of the year. 8 T emecula Community Services District T emecula Library Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Nine Months Ended March 31, 2007 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $1,275,439 $956,579 $956,579 75% 16,800 (I) 25,000 6,495 6,495 26% (2) 168,375 34,700 34,700 21% (2) 1,485,614 997,774 997,774 67% 25,395 182 182 1% (2) 1,460,219 457,131 $24,125 481,256 33% (2) 1,485,614 457,313 24,125 481,438 32% 540,461 Revenues: TCSD adrnin fee credit/"REST" Library Concessions Library Facilities Rental Library Services Total Revenues Expenditures: Salaries & Wages- Part-Time Project Operating expenditures Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2006 Ending Fund Balance, March 31, 2007 $540,461 Notes: 1) The concession contract is in process and should be completed by the beginning fiscal year 2007 -08. 2) The Library grand opennig day to the public was December 14, 2006, 9 T emecula Community Services District Debt Service Frmd Statement of Revenues, Expenditures and Changes in Frmd Balance - Budget and Actual For the Nine Months Ended March 31, 2007 Armual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Investment interest $640 $640 Operating transfers in $501,500 501,500 501,500 100% (I) Total Revenues 501,500 502,140 502,140 100% Expenditures: Debt service - principal 250,000 250,000 250,000 100% (2) Debt service - interest 245,200 124,975 124,975 51% (2) Operating Expenditures 6,800 3,851 $ 2,500 6,351 93% (3) Total Expenditures 502,000 378,826 2,500 381,326 76% Revenues Over/(Under) Expenditures (500) 123,314 Beginning Fund Balance, July I, 2006 7,030 7,030 Ending Fund Balance, March 31, 2007 $6,530 $130,344 Notes: I) The Operating Transfer In was processed for debt service principal and interest payment due and payable by October 2006. 2) Debt service principal and interest are due and payable in October I, 2006, and interest is also due on April 15, 2007. 3) The variance is primarily due to encumbrances that are recorded for Trustees Fees services for the entire year. 10 Ii - I. ITEM NO. 21 I I Approvals City Attorney Director of Finance City Manager V iJ/2 (J(.L, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 22,2007 SUBJECT: TCSD Proposed Election for Service Level C Rates and Charges PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT INITIATING PROCEEDINGS TO INCREASE THE RATES AND CHARGES FOR SERVICE LEVEL C COMMENCING FISCAL YEAR 2008-2009, TO PROVIDE AN ANNUAL ADJUSTMENT THERETO AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Service District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City and the City Council also serves as the Board of Directors of the TCSD. Upon incorporation the TCSD established Service Level C and accepted the landscape maintenance responsibilities for residential perimeter landscaping and slopes that were previously maintained by Riverside County Service Area 143. In addition, as new residential development occurred, TCSD accepted additional perimeter landscaping and slope zones into Service Level C. At this time, TCSD has established thirty-one (31) landscape zones or zones. See Attachment 1 for a listing of the zones. Service Level C rates and charges assessed for each zone were determined by the then current maintenance costs based on the area's square footage, plant material and topography. The total landscape maintenance costs were proportionally spread among all assessable property owners within the tracts associated with the residential development. The passage of California Proposition 218 in 1996 restricted the ability to increase Service Level C rates without conducting a noticed public hearing and property owner mailed ballot election. Service Level C rates and charges, collected with property taxes, have not increased since they were established. Although the costs for utilities and maintenance have continued to rise, the Service Level C rates and charges have never increased. As a result, in most cases, the fees currently being collected do not cover the actual cost to maintain each zone. Increases in landscape maintenance costs have been subsidized with Service Level C fund balance. This fund has now been depleted requiring the TCSD to initiate an election process to increase Service Level C rates and charges to correspond with current maintenance costs. The rates for Service Level C have never increased and in some cases the cost for maintaining certain zones have greatly exceeded the revenues generated through their rate and charge. There are four (4) zones that are adequately funded for landscape maintenance costs through their current Service Level C rate and charges. These include Zones 2, 9, 16 and 28. There are twenty-five (25) zones that are not adequately funded for landscape maintenance costs through their current Service Level C rate and charge. These include Zones 1,3,4,5,6, 7, 8, 10, 11, 12, 13, 14, 15, 17, 18, 19,20, 21, 22, 23, 24, 25, 26, 27 and 30. There are two (2) zones that are adequately funded for landscape maintenance costs through their current Service Level C rate and charge and these two zones have previously approved an annual inflator to keep these zones adequately funded. These include Zones 29 and 31. These zones will not be included in this election process. The property owners within the twenty-five (25) zones that are not adequately funded for Service Level C landscaping maintenance costs will be requested to approve an increase to their current Service Level C rate and charge. In order not to burden the property owners with a large single year increase the amount of the rate and charge adjustment will be based on a ten percent (10%) increase of the zone's current Service Level C charge. This way, the increase to each property owner will be addressed over several years, as opposed to an increase to fund the shortfall in one year. Staff recommendations that if the rate and charge increase is over 10% then a flat rate shall be determined for the number of years that it will take to bring the zone into an adequately funded status. Further detail of this calculation is provided in the Preliminary Report which is on file with the Secretary of the TCSD. All zones, with the exception of Zones 29 and 31 will include a request to approve a cost-of-living inflator. This adjustment shall be equivalent to the lesser of 5% or the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index of All Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County Area, for the previous calendar year. Any increase to the Service Level C rates as a result of the cost-of-living inflator shall be determined based on annual projected landscape maintenance costs for each zone. Annual cost-of-living increases will not exceed 5%. Should the property owners of a zone not approve the requested rate change and/or cost-of living inflator, the landscaping maintenance standards within the zone shall be decreased to the existing level of funding. Well maintained perimeter landscaping and slope areas within the City of Temecula create enhanced aesthetics and help maintain property values. As a result of the decrease in service the slope and landscaping aesthetics, known as "curb appeal" of the properties can diminish which may cause a decrease in property value. The levy process includes adopting a resolution accepting the filing of a report on the proposed rates and charges; noticing each affected property owner in the City and conducting a public hearing to consider the proposed rates and charges. TCSD will conduct a public workshop on the proposed increase on Tuesday, June 5, 2007 at 6 pm at the Mary Phillips Senior Center's multi-purpose room. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed Service Level C rates and charges for FY 2008-2009 and schedule a public hearing for July 10, 2007. Staff will then proceed with noticing each affected property owner regarding the proposed rates and charges and the July 10, 2007 public hearing. FISCAL IMPACT: The revenue generated for the TCSD FY 2008-2009 Rates and Charges will fund perimeter landscaping and slope maintenance services (Service Level C) in the Temecula Community Services District. The estimated TCSD levy budget for Service Level C for FY 2008-2009 is $1,891,692. ATTACHMENTS: 1. Zone Listing 2. Resolution of Intention 3. Public Hearing Notice Attachment 1 Zone Listing Square Current Proposed Number Zone Development Footage of Rate Rate of Years Landscaped Increase Area 1 Saddlewood 326,235 $116.00 $14.64 7 2 Winchester Creek 217,848 89.00 NA NA 3 Rancho Highlands 257,901 116.00 10.85 2 4 The Vineyards 47,229 46.00 6.30 7 5 Signet Series 524,770 175.00 14.50 2 6 Woodcrest Country 94,870 89.00 6.00 1 7 Ridgeview 135,014 89.00 11.58 7 8 Village Grove 891,584 175.00 19.92 4 9 Rancho Solana 8,500 46.00 NA NA 10 Martinique 40,517 116.00 12.00 1 11 Meadowview Homes 25,959 175.00 28.75 11 12 Vintage Hills 592,597 116.00 12.12 4 13 Presley Development 127,497 46.00 5.13 3 14 Morrison Homes 73,568 89.00 9.06 4 15 Barclay Estates 63,560 175.00 24.23 7 16 Tradewinds 149,500 175.00 NA NA 17 Monte Vista 11,500 46.00 4.87 5 18 Temeku Hills 550,000 70.00 7.22 5 19 Chantemar 295,000 225.00 3.00 1 20 Crowne Hill 799,200 175.00 8.00 1 21 Vail Ranch 1,350,000 129.00 13.18 3 22 Sutton Place 32,000 116.00 14.64 7 23 Pheasant Run 35,000 20.00 2.28 5 24 Harveston 761,175 100.00 2.00 1 25 Serena Hills 245,150 200.00 18.45 4 26 Traditions (Gallery) 10,630 270.00 26.18 3 27 Avondale 36,372 70.00 6.49 3 28 Wolf Creek 1,120,952 129.00 NA NA 29 Portraits (Gallery) 14,812 315.00 NA NA 30 Valdemosa 50,308 129.00 9.45 2 31 Roripaugh Ranch 192,700 $ 26.00 NA NA RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT INITIATING PROCEEDINGS TO INCREASE THE RATES AND CHARGES FOR SERVICE LEVEL C COMMENCING FISCAL YEAR 2008-2009, TO PROVIDE AN ANNUAL ADJUSTMENT THERETO AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. TCSD provides perimeter landscaping and slope landscape maintenance in numerous residential developments within the City of Temecula. Pursuant to Government Code Section 61115, TCSD has prescribed, revised and collected rates and charges for perimeter landscaping and slope maintenance services (Service Level C) furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Section 61115. Section 3. TCSD hereby initiates proceedings to increase the rates and charges for Service Level C commencing Fiscal Year 2008-2009 and to provide an annual adjustment to such rates and charges (collectively, the "Proposed Rates and Charges Increase"). Section 4. The Board of Directors hereby directs staff to cause to be prepared a report identifying the parcels upon which the Proposed Rates and Charges Increase will be imposed (the "Identified Parcels") and the amount of the Proposed Rates and Charges Increase for each Identified Parcel. Section 5. The Board of Directors hereby appoints July 10, 2007 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and place for the public hearing on the Proposed Rates and Charges Increase. Section 6. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Proposed Rates and Charges Increase. If written protests against the Proposed Rates and Charges Increase are presented by a majority of the owners of the Identified Parcels, TCSD shall not impose the Proposed Rates and Charges Increase and may continue to levy rates and charges for Service Level C in the amount previously authorized by property owners. In the absence of a majority protest, TCSD may submit the Proposed Rates and Charges Increase to a vote of the property owners in accordance withArticle XIII 0 of the California Constitution. Section 7. The Secretary of the TCSD is hereby directed to give notice of the time and place of hearing on the Proposed Rates and Charges Increase pursuant to the requirements Article XIII 0 of the California Constitution and to certify to the adoption of the Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City ofTemecula this 22nd day of May , 2007. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 07- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 22nd day ofMay , 2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary NOTICE OF PUBLIC HEARING CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT IN CONNECTION WITH A PROPOSED INCREASE TO SERVICE LEVEL C RATES AND CHARGES The Temecula Community Services District (TCSD) finds it necessary to propose increasing the rates and charges for perimeter landscaping and slope landscape maintenance services (Service Level C) beginning July 1, 2008; and is proposing to include an annual inflation adjustment based upon the Consumer Price Index increase (collectively, the "Proposed Increase"). The actual amount of your Proposed Increase is shown on Attachment A. This increase is the first proposed for any landscaped area since the incorporation of the City in 1989. With the costs for utilities and maintenance continuing to increase, it is necessary to increase charges to cover the costs of these services. In most cases, the current charges do not cover the cost to maintain the landscaping around your residential development. If approved, the Proposed Increase is a measure that allows the charges to catch up with the actual costs of services. The amount of the Proposed Increase on an annual basis will be approximately 10% of your current charges, regardless of how much it costs to maintain the landscaping. This way, the Proposed Increase to each property owner will be phased in over several years, as opposed to an increase to fund the shortfall in one year. However, for some property owners, a Proposed Increase of less than 10% will fund the shortfall. TCSD has prepared a report regarding the Proposed Increase, which has been filed with the Secretary of TCSD. The report identifies the parcels upon which the Proposed Increase will be imposed (the "Parcels"). 11 086-0007\942424v9 doc NOTICE OF PUBLIC HEARING The TCSD Board of Directors will conduct a public hearing on the Proposed Increase at the following date, time and location: Date: Time: Location: July 10, 2007 7:00 p.m. City Council Chambers City Hall 43200 Business Park Drive Temecula, California Protest Procedures. At the July 10, 2007 public hearing, the TCSD Board will hear and consider all objections or protests, if any, to the Proposed Increase. If written protests are filed by the owners of a majority of the Parcels, then the TCSD Board will not adopt the Proposed Increase. If there is not a majority protest, then the TCSD Board may call for a property owner election. A written protest must identify the Parcel and be signed by the property owner or the property owner's authorized representative. Only one written protest will be counted per parcel. TCSD will not accept protests by email. Written protests may be delivered in person to the TCSD Secretary during the public hearing or during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday) at City Hall at 43200 Business Park Drive, Temecula, California or may be mailed to the TCSD Secretary at P.O. Box 9033, Temecula, California 92589-9033. Written protests must be filed with the TCSD Secretary prior to the conclusion of the public hearing in order to be counted in determining whether a majority protest exists. Please note that written protests which are mailed or delivered must be received at City Hall by 5:00 p.m. on July 10, 2007 to be counted. Election. If there is not a majority protest, the TCSD Board may submit the Proposed Increase to the property owners for a vote in accordance with Article XIII D of the California Constitution. If this action is taken, you will receive a mailed ballot in July 2007. 11 086-0007\942424v9 doc - 2- SUMMARY OF PROPOSED RATES AND CHARGES INCREASE Service Level C Charaes. The TCSD, which operates under the authority of the Community Services District Law, assumed responsibility for providing perimeter landscaping and slope maintenance services (Service Level C) in the City of Temecula in 1989. The boundaries of TCSD are the same as those of the City. As new residential development occurred in the City, TCSD accepted responsibility for the perimeter landscaping and slope maintenance services for those developments. The property owners in each development or Service Level C "zone" pay rates and charges (the "Charges") annually on their property tax bill. The revenues from the Charges for each Service Level C zone are used to finance the operation, maintenance, utility costs, improvements, and administration of the perimeter landscaping and slope maintenance for that zone. The current Charges are based on the budget for providing perimeter landscaping and slope maintenance services at the time TCSD assumed responsibility for providing these services. The Prooosed Increase. The Proposed Increase is comprised of two components: (1) A "funding requirement" increase that brings Service Level C Charges for each zone in line with the cost of providing services for each zone and (2) an annual inflation adjustment. The funding requirement increase is based on the current per parcel cost of providing Service Level C services in a zone and assumes an annual 2% increase in those costs during the phase-in period described below. If your property requires more than a 10% funding requirement increase, TCSD proposes to annually increase your Service Level C Charges by a flat dollar amount (the "Annual Phase-in Amount") until the Charges equal the cost of proving services for your zone. The period of time during which the Annual Phase-in Amount is imposed is the "Phase-in Period." The Phase-in Period for each zone is determined by calculating the number of years to eliminate the funding shortfall per parcel by increasing Charges in an amount that is, on average, 10% a year. 11 086-0007\942424v9 doc - 3- The Proposed Increase also includes an annual inflation adjustment to keep Service Level C revenues in line with the costs of providing perimeter landscaping and slope maintenance services in future years. Once the Phase-in Period is completed, TCSD proposes to annually increase Charges by a Consumer Price Index adjustment that would not exceed 5% in any year. For zones that are currently adequately funded, the Proposed Increase will only include the annual inflation adjustment beginning July 1, 2008. PUBLIC WORKSHOP TCSD will conduct a public workshop on the Proposed Increase on Tuesday, June 5, 2007 at 6:00 p.m. at the Mary Phillips Senior Center located at 41845 6th Street, Temecula, California. ,QUESTIONS AND INQUIRIES If you have any questions about this notice or the Proposed Increase, please do not hesitate to contact Barbara Smith at the City of Temecula, Community Services Department at (951) 694-6480. 11 086-0007\942424v9 doc - 4- ATTACHMENT A ***THIS IS NOT A BILL*** CITY OF TEMECULA COMMUNITY SERVICES DISTRICT 43200 BUSINESS PARK DRIVE P.O. BOX 9033 TEMECULA, CA 92589-9033 (951) 694-6480 Zone 1 John Doe 12345 Temecula Road Temecula, CA 92590 The following information lists your Assessor's Parcel Number (APN), the property address (if available), and the Proposed Increase to your Service Level C Charges. Assessor's Parcel Number (APN): Property Address: 995-123-456 12345 Temecula Road Fiscal year 2008-09 2009-10 2010-11 2011-12 2012-13 2014-15 2015-16 Increase $14.64 $14.64 $14.64 $14.64 $14.64 $14.64 $14.64 Beginning July 1, 2017, TCSD proposes to increase the annual Service Level C Charges by the percentage change in the Los Angeles-Riverside-Orange County, CA Consumer Price Index for All Urban Consumers for the previous calendar year but by no more than 5%. The TCSD Board of Directors will hold a public hearing each year and determine the amount of the annual inflation adjustment, if any. Please Note: The Riverside County Assessor's Office provided the PropertylOwnership information within this notice. If this information is incorrect, please contact the Assessor's Office at (951) 955-6200; they can be reached by mail at: Riverside County Assessor, P.O. Box 1240, Riverside, CA 92502 or visit their websites: www.riversideacr.com or www.riversidetaxinfo.com. If you have questions about your Charges, please do not hesitate to contact Barbara Smith at the City of Temecula, Community Services Department at (951) 694 6480. Ii - I. ITEM NO. 22 I I Approvals City Attorney Director of Finance City Manager V /J1l (J(G TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 22,2007 SUBJECT: First Amendment to Prudential Overall Supply Agreement PREPARED BY: Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors approve the First Amendment with Prudential Overall Supply in the amount of $25,000.00 for Uniform, Floor Mat, Dust Mop and Towel Cleaning/Rental Service for FY2007/2008. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Uniform, Floor Mat, Dust Mop and Towel Cleaning/Rental Services on April 14, 2006. The TCSD received several proposals, which were evaluated to determine the qualifications and competitiveness of their pricing. Prudential Overall Supply was determined to be the lowest qualified bidder for the required services. A two year contract with the option of (3) one- year extensions was awarded to Prudential Overall Supply effective July 1,2006 thru June 30, 2008. The First Amendment is now requested to authorize a one (1) year extension, as permitted per the Agreement. The cost to provide uniform, floor mat, dust mop and towel cleaning/rental services for fiscal year 2007-2008 is $19,485.40 and an estimated $5,514.60 is being requested for additional supplemental services. The current contract is for $25,000.00. The cost to provide services for fiscal year 2007-2008 is $25,000.00. The additional year of service will increase the total contract amount to $50,000.00 FISCAL IMPACT: Sufficient funds are available in the current operating budget and are also programmed in the FY2007-2008 Annual Operating Budget in the following accounts: 190.180.999.5243, 190.188.999.5250, 190.181.999.5250, 190.185.999.5250, 190.184.999.5250, 190.189.999.5250,197.180.999.5250, 190.182.999.5250,340.199.702.5250 and 340.199.701.5250 ATTACHMENTS: 1) Amendment R\SIRE REPORTS ET AL\MaintenanceV\genda Report 2007-2008\Agenda Report Prudential Overall Supply 2007-2008.doc FIRST AMENDMENT TO MAINTENANCE AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND PRUDENTIAL OVERALL SUPPLY THIS FIRST AMENDMENT is made and entered into as of May 22, 2007 by and between the Temecula Community Services District, a municipal corporation ("City") and Prudential Overall Supply ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On July 1, 2006 the City and Contractor entered into certain agreement entitled "City of Temecula Agreement in the amount of $25,000.00 for Uniform, Floor Mat, Dust Mop and Towel Cleaning/Rental Services" ("Contract"). B. The parties now desire to increase the payment of the Agreement in the amount of $25,000.00 and amend the Agreement as set forth in this Amendment. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2008. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT" of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000.00) for Uniform, Floor Mat, Dust Mop and Towel Cleaning/Rental Services, for a total contract amount of Fifty Thousand Dollars and 00/100 Cents ($50,000.00) for the term the Agreement, unless additional payment is approved as provided in this Agreement." 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. ,- \V\lI~J["-'\l\l:-i\,jfJ,;(Ic)(\IIPttplllfJ'422m$p:-i'-JfJ(Wi42C;f;0 (Ie)( IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President ATTEST: BY: Susan W. Jones, MMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney Prudential Overall Supply BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) ,- \V\lI~J["-'\l\l:-i\,jfJ,;(Ic)(\IIPttplllfJ'422m$p:-i'-JfJ(Wi42C;f;0 (Ie)( 2007-2008 PAYMENT SCHEDULE CUSTODIAL ITEMS Location Qty. $0.00 Unit Price Weekly Price Annual CITY HALL 3 4x6 mat (charcoal) $2,90 $8,70 3 3x5 mat (teal) $1,80 $540 2 24" dust mop $0,66 $1,32 10 3X5 Mat $1,80 $18,00 20 Towels (blue) $0,10 $2,00 Total $3542 $1,841.84 MAINTENANCE FACILITY 1 4x6 mat (teal) $2,90 $2,90 4 3x5 mat (teal) $1,80 $7,20 1 24" dust mop $0,66 $0,66 10 Towels (white) $0,10 $1,00 $0,00 $11.76 $611.52 OLD TOWN TEMECULA SENIOR CENTER 3 4x6 mats (charcoal) $2,90 $8,70 1 36" dust mop $0,86 $0,86 4 3X5 mats (charcoal) $1,80 $7,20 20 Towels (blue) $0,10 $2,00 $18.76 $975.52 TEMECULA COMMUNITY CENTER 3 4x6 mats (blue) $2,90 $8,70 1 3x5 mat (blue) $1,80 $1,80 1 3x10 mat (blue) $3,30 $3,30 1 36" dust mop $0,86 $0,86 20 Towels (white) $0,10 $2,00 $16,66 $866.32 TEMECULA VALLEY MUSEUM 2 4x6 mat (tan) $2,90 $5,80 1 3x5 mat (tan) $1,80 $1,80 1 24" dust mop $0,66 $0,66 10 Towels (white) $0,10 $1,00 $9,26 $481.52 ICOMMUNITY RECREATION CENTER 5 4x6 mat (gray) $2,90 $14,50 I 3 3x5 mat (gray) $1,80 $540 2 36" dust mop $0,86 $1.72 2 40 48" dust mop Towels (white) PERFORMING ARTS & MERCANTILE BUILDINGS 12 4x6 mat (gray) o 3x5 mat (gray) 2 36" dust mop 2 48" dust mop 40 Towels (white) CHILDREN'S MUSEUM 3 1 4 20 4x6 mats (charcoal) 36" dust mop 3X5 mats (charcoal) Towels (blue) PUBLIC LIBRARY 4 2 4X6 mats (gray) 3x5 mats (gray) $1,26 $0,10 $2,90 $1,80 $0,86 $1,26 $0,10 $2,90 $0,86 $1,80 $0,10 $2,90 $1,80 UNIFORM SERVICE Location $0.00 Qty. Community Services 12 Workers 60 Dark Brown Pants Orange or White Shirt Long or Short Sleeve $2,52 $400 $28,14 $34,80 $0,00 $1.72 $2,52 $400 $43,04 $8,70 $0,86 $7,20 $2,00 $18.76 $11,60 $3,60 $15,20 Unit Price Weekly Price $0,90 $54,00 "Miscellaneous Fees" Not To Exceed-100 Ball caps $8,10 ea $54,00 Public Works 13 Workers 65 Dark Brown Pants Orange or White Shirt Long or Short Sleeve $0,90 $58,50 $1,463.28 $2,238.08 $975.52 $790.40 $10,244.00 Annual $2,80800 $810,00 $3,618.00 I Total for F $58,50 $3,04200 $810,00 $3,852.00 "Miscellaneous Fees" Not To Exceed Contingency Fees 10% $1,771.40 ANNUAL TOTAL-CUSTODIAL & UNIFORMS $19,485.40 Ii - I. ITEM NO. 23 I I Approvals City Attorney Director of Finance City Manager V !1!2- (JG...... TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 22,2007 SUBJECT: Second Amendment to the Water Management/Maintenance Services Agreement with Marine Biochemists for Fiscal Year 2007 - 2008 PREPARED BY: Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors approve the Second Amendment with Marine Biochemists for $58,260.00 to provide Water Management/Maintenance Services for Harveston Lake Park and Temecula Duck Pond for Fiscal Year 2007-2008. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond on July27, 2005. The TCSD received two (2) proposals, which were evaluated to determine qualifications and to assess the competitiveness of their pricing. Marine Biochemists was determined to be the lowest qualified vendor for the required services. A one (1) year Contract with option of two (2) one-year extensions was awarded to Marine Biochemists effective October 1, 2005 thru June 30, 2006 in the amount of $64,000.00. Based on Staff recommendation the Board of Directors approved the First Amendment on June 13,2006 which authorized the first one year extension in the amount of $78,260.00. The Second Amendment is now requested to authorize the second one (1) year extension, as permitted per original contract. The cost to provide Water Management/Maintenance Services for fiscal year 2007-2008 is $58,260.00. This additional year of service will increase the total contract amount to $200,520.00. FISCAL IMPACT: Sufficient funds are available in the current operating budget and are also programmed in the FY2007-2008 Annual Operating Budget in the following accounts: 196-180-999-5250,190-180-999-5250,196-180-999-5212 and 190-180-999-5212. ATTACHMENTS: 1) Amendment No 2. SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND MARINE BIOCHEMISTS THIS SECOND AMENDMENT is made and entered into as of May22, 2007 byand between the Temecula Community Services District, a municipal corporation ("City") and Marine Biochemists ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On September 13, 2005 the City and Marine Biochemists, entered into an agreement entitled "City of Temecula Agreement for Water Management/ Maintenance Services" at the Harveston Lake Park and Temecula Duck Pond (Agreement) in the amount of $64,000.00. B. The original Agreement was amended on June 13, 2006 in order to extend the term of the Agreement and increase the payment for additional services in the amount of $78,260.00 C. The parties now desire to increase the payment of the Agreement in the amount of $58,260.00 and amend the Agreement as set forth in this Amendment. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2008. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT" of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Eight Thousand Two Hundred Sixty Dollars and No Cents ($58,260.00) for Water Management and Maintenance Service, for a total contract amount of Two Hundred Thousand Five Hundred Twenty Dollars and No Cents ($200,520.00) for the term of the Agreement, unless additional payment is approved as provided in this Agreement." 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. /1/ /II l' "WINDIJWS\ctvsduc'.l1,=tt,=HLV'."" 5.,', $AS'~Vdf84~" 7J due' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President ATTEST: BY: Susan W. Jones, MMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney Marine Biochemists BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) l' "WINDIJWS\ctvsduc'.l1,=tt,=HLV'."" 5.,', $AS'~Vdf84~" 7J due' EXHIBIT "B" PRICING SHEET PROFESSIONAL LAKE AND POND MANAGEMENT SERVICES SCHEDULE "A" PRICE PER PRICE MONTH PER DESCRIPTION YEAR Harveston Lake Park To be serviced three times per $3,975.00 $47,700.00 week (Monday, Wednesday and Friday) Temecula Duck Pond To be serviced three times per $880.00 $10,560.00 week (Monday, Wednesday and Friday) SCHEDULE "B" PRICE PER PRICE MONTH PER DESCRIPTION YEAR Harveston Lake Park To be serviced two times a week $3,300.00 $39,600.00 (Tuesday and Friday) Temecula Duck Pond To be serviced two times a week $600.00 $7,200.00 (Tuesday and Friday) AL TERNATE BID ITEMS - for emergency repairs or extra work authorized by City I MARK-UP ADDED TO VENDOR'S WHOLESALE PRICE OF I PARTS, EQUIPMENT AND MATERIALS 15% I HOURLY RATE PER REGULAR MAN HOUR (8am TO 5pm I Monday through Friday $55.00 I HOURLY RATE PER OVERTIME MAN HOUR - After-hours, I Weekends, Holidays, etc. $85.00 Contractor's Signature l' "WINDIJWS\ctvsduc'.l1,=tt,=HLV'."" 5.,', $AS'~Vdf84~" 7J due' Ii - I. ITEM NO. 24 I I Approvals City Attorney Director of Finance City Manager ~ CIl (J(L, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 22,2007 SUBJECT: First Amendment to T & T Janitorial Agreement for City Facility Janitorial Services PREPARED BY: Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors approve the First Amendment with T and T Janitorial in the amount of $48,965.00 for Janitorial Maintenance Services at the Temecula Public Library for Fiscal Year 2007 - 2008. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for City Facilities Janitorial Services on April 14, 2006. The TCSD received six (6) proposals, which were evaluated to determine the qualifications and competitiveness of each Vendor to provide janitorial maintenance services. T and T Janitorial was determined to be the lowest qualified bidder to provide the required janitorial maintenance services. TCSD entered into a $119,486.88 contract with T & T Janitorial which expires June 30, 2008. Earlier this year the custodial service for the new Temecula Public Library was added to the contractors duties. Additional funding is being requested to provide continued custodial service at the Library. Therefore, a First Amendment is now requested to increase the payment by $48,965.00. The current contract is for $119,486.88, the additional amount of service will increase the total contract amount to $168,451.88 FISCAL IMPACT: Sufficient funds are available in the current operating budget and are also programmed in the FY2007 -2008 Annual Operating Budget in the following accounts 190-188- 99-5250, 190.181.999.5250, 190.185.999.5250, 190.184.999.5250 and 197.180.999.5250. ATTACHMENTS: 1) Amendment R\SIRE REPORTS ET Al\MaintenanceV\genda Report 2007-2008\Agenda Report T&T Janitorial 2007-2008.doc FIRST AMENDMENT TO MAINTENANCE AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND T & T JANITORIAL THIS FIRST AMENDMENT is made and entered into as of May 22, 2007 by and between the Temecula Community Services District, a municipal corporation ("City") and T & T Janitorial ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 13, 2006 the City and Contractor entered into certain agreement entitled "City of Temecula Agreement in the amount of $119,486.88 for Janitorial Maintenance Services" ("Contract"). B. The parties now desire to increase the payment of the Agreement in the amount of $48,965.00 and amend the Agreement as set forth in this Amendment. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2008. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT" of the Agreement is amended to read: "The City agree to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this references as though set forth in full, based upon actual time spend on the above tasks. Any terms in Exhibit B other than payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Sixty Eight Thousand Four Hundred Fifty One Dollars and 88/100 Cents (168,451.88) for City's Facilities Janitorial Maintenance Services and, for the total term of the Agreement unless additional payment or change order is approved as provided in this Agreement" 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. ,- \V\lI~J["-'\l\l:-i\,jr_,,;d()(\IIPttplllfJ\i-if;CJ\$P:-i'-JfJ(Wi42";77 d(), IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President ATTEST: BY: Susan W. Jones, MMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney T & T Janitorial BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) ,- \V\lI~J["-'\l\l:-i\,jr_,,;d()(\IIPttplllfJ\i-if;CJ\$P:-i'-JfJ(Wi42";77 d(), EXHIBIT "B" CITY OF TEMECULA PAYMENT RATES AND SCHEDULE PRICING SHEET FACILITY LOCATION SQ. FT. ADDRESS PRICE TOTAL TOTAL PER PRICE PRICE MONTH PER PER PER. SQ. MONTH YEAR FT.*** Temecula Community Center 5,900 28816 Pujol SI. ,12 708,00 8,49600 Mary Phillips Senior Cenler 6,148 418456'" SI ,12 737,76 8,85312 Temecula Valley Museum 7,200 28314 Mercedes SI ,12 864,00 10,36800 Imagination Workshop 7,600 42081 Main SI ,12 912,00 10,94400 ,12 4,08036 48,96432 Temecula Public Library 34,003 30260 Pauba Rdad SUBTOTAL 7,302.12 87,625.44 ADDITIONAL SERVICE ITEMS DESCRIPTION SCOPE OF WORK HOURLY RATE Per Man Per Man Per Man Reqular Hour Over Time Holidav Provide Additional General Provide Specified general 8,50 12,75 15,00 Janitorial Maintenance janitorial maintenance services, Services for Special Events such as cleaning office areas, Request by the City kitchens, office or recreation Representative building restrooms, hallways, multipurpose rooms, etc, Contractor's Signature C\WINDOVVS\apsdoc\nettemp\f360\$ASQpdf842577 .doc Ii - I. ITEM NO. 25 I I Approvals City Attorney Director of Finance City Manager V iJl2 (Jll.., TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 22,2007 SUBJECT: Concession Agreement with A&B Desert Services, DBA, Grounds for Hire PREPARED BY: Martin Betz, Cultural Arts Administrator RECOMMENDATION: That the Board of Directors approve an agreement with A&B Desert Services DBA Grounds for Hire, to provide concession services at the Old Town Temecula Community Theater and the Temecula Public Library. BACKGROUND: On July 10, 2006 the City of Temecula released a Request for Proposal (RFP), soliciting proposals from concessionaires for the operation of two coffee carts at City facilities; the Old Town Temecula Community Theater and the Temecula Public Library. The RFP outlined the needed services at these facilities to include menu development, food, coffee and other beverage service, and staffing and management of the carts. Staff received and reviewed three proposals from qualified concessionaires. The top two ranked firms were invited to participate in an interview process. Based upon experience, menu offerings and proposed hours of operation, one firm was deemed to meet the City's needs. The City Council approved an agreement on December 12, 2006 with the concessionaire to provide service at both locations. In February 2007, the concessionaire chose to terminate the agreement prior to executing the documents. On April 2, 2007, the City received a proposal from A&B Desert Services, DBA Grounds for Hire, to operate both coffee carts. Staff has met with A&B Desert Services, DBA Grounds for Hire, owners and has reviewed their qualifications, proposed menu, and hours of operations. Based on staff's research and negotiations with the concessionaire, it is recommended that the city enter into an agreement for concession services at the theater and the library. It is anticipated that A&B Desert Services, DBA Grounds for Hire, will provide food and beverage services at the Temecula Public Libraryfrom 1 0:00am-4:00pm Monday through Fridayand Saturday 1 :00-4:00 pm. They will offer the same services at the Old Town Temecula Community Theater 45 minutes prior to performances and during intermissions for ticketed performances. The vendor will be responsible for all set up, clean up and operational maintenance of the coffee carts. The carts will remain the property of the City. Upon approval and execution of the agreement, staff will finalize the permitting process for both carts through the Department of Health. Its is anticipated that A&B desert Services, DBA Grounds for Hire, will begin offering concession services by July 1, 2007. FISCAL IMPACT: Annual revenues to the City from the operations of the two coffee carts atthe library and theater are estimated to be $14,000 and $9,000, respectively. ATTACHMENTS: Professional Services Agreement. FOOD AND BEVERAGE SALES AGREEMENT BETWEEN CITY OF TEMECULA AND A&B DESERT SERVICES D.B.A. AS "GROUNDS FOR HIRE" FOR THE TEMECULA PUBLIC LIBRARY AND THE OLD TOWN TEMECULA COMMUNITY THEATER THIS AGREEMENT is made and effective as of May 22,2007, between the City of Temecula, a municipal corporation ("City") and A&B Desert Services, a California corporation, DBA"Grounds for Hire" ("Concessionaire"). In consideration ofthe mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECIT ALS. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties acknowledge to be tme and correct: a. The City has constmcted and operates the Old Town Temecula Community 111eater. It has also constmcted and has an operating agreement with the County of Riverside to operate the City of Temecula Public Library. b. City desires to have a Concessionaire, and Concessionaire desires, to provide for the sale of high quality food and beverages at the library and theater from Food Concession carts located in the facilities. 2. Defmitions. As used in this Agreement the following words and phrases shall be defined as follows: a. "City Supplied Equipment" shall mean the equipment provided by the City for the operation ofthe food and beverage sales operation as described in Exhibit B, City Supplied Equipment. b. "Concessionaire Supplied Equipment" shall mean such equipment as is necessary for the providing of food and beverage sales as required by this Agreement, except for the City Supplied Equipment. c. "Director" shall mean the Director of Community Services ofthe City of T emecula or his or her designee. d. "Director of Finance" shall mean the Director of Finance of the City of T emecula or his or her designee. e. "Food Concession area" shall mean the equipment designated as the food concession cart which is described and depicted in Exhibit A, Food Concession Area. C. \ WINDOWS\apsdoc\nettemp\5624\$ASQpdf84 2585 .DOC 1 f. "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food and beverages sold pursuant to this Agreement prior to payment of expenses. g. "Library" shall mean the Temecula Public Library, located at 63600 Paba Road Temecula, California. h. "TCSD" shall mean the Temecula Community Services District. i. "Theater" shall mean Old Town Temecula Community Theater, located at 42051 Main Street. Temecula, California. J. "Concession" Shall mean sale of food and beverage directly to the consumer. k. "Caterer" Shall mean to provide food and beverage under contract with the City of T emecula or other facility user. 3. EXCLUSIVE AGREEMENT FOR FOOD AND BEVERAGE SALES AT FOOD CONCESSION AREA. Concessionaire shall have an exclusive agreement to provide for the sale of high quality food and beverages from the Food Concession Cart to patrons ofthe Library and Theater and members ofthe public in accordance with the terms ofthis Agreement. The City reserves and facility users reserve the right to contract with other food vendors in areas ofthe Library and 111eater outside ofthe Food Concession Area for special events. The City shall provide notice of each Special Event to the Concessionaire two (2) weeks prior to each Event. 4. MAINTENANCE OF EOUIPMENT AND PHYSICAL PLANT OF FOOD CONCESSION AREA a. The City shall provide equipment for the operation ofthe food and beverage sales operation as described in Exhibit B, City Supplied Equipment ("City Equipment"). City shall maintain the City Supplied Equipment in good working order and replace such items ofthe City Supplied Equipment when the equipment cannot be repaired; provided, however, Concessionaire shall be responsible for the repair or replacement of City Supplied Equipment damaged or destroyed by the negligent or willful acts of Concessionaire or its employees or agents, excepting normal wear and tear. Concessionaire shall clean the City Supplied Equipment in accordance with applicable law and standard commercial food handling practices. b. Concessionaire shall provide such equipment as is necessary for the providing of food and beverage sales as required by this Agreement, except for the City Supplied Equipment ("Concessionaire Supplied Equipment"). At the termination or expiration C. \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 2 ofthis Agreement, the City shall have the option, but not the obligation, to purchase the Concessionaire Supplied Equipment at its then fair market value. c. City shall arrange for and be responsible for the timely payment of electricity, water, gas, security system and ex1:erior pest control for the Food Concession Area. d. All signage for the Concessionaire's food and beverage operation at the Food Concession Area, including sign content, shall be approved in writing by the Director prior to placement. 5. FOOD AND BEVERAGE SALES OPERATIONAL REOUIREMENTS. In performing the services required by this Agreement, Concessionaire shall comply with the following operational requirements: a. Concessionaire shall provide food and beverages at the Food Concession Area during the following hours: Theater (1) 3/4 hour prior and through Intermission during events, except Sundays Additional hours shall be provided upon the prior written approval of the Concessionaire and the Director. A calendar of events will be provided on a bi- monthly basis. Library (2) Monday through Friday 1 0:00am -5 :OOpm, Saturday 1 :OOpm -4:00pm. Director shall approve any changes to the hours of operation. b. Prior to commencement ofthe sales from the Food Concession Area and not less than calendar quarter thereafter the Director shall review and, after consulting with Concessionaire, approve the menus and quality of offerings for the Theater and Library operations. Concessionaire shall not sell any items from the Food Concession Area without the prior written consent of the Director. c. Director shall approve in writing the food and beverage price lists, which approvals shall not be unreasonably withheld. Concessionaire's prices for food and beverages shall not exceed the prices on this approved list. d. Concessionaire shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Concessionaire shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar high quality food and beverage services as are required of Concessionaire in meeting its obligations under this Agreement. e. As ofthe date ofthis Agreement, the Riverside County Health Department is requiring the City to obtain all applicable health permits and licenses as the owner ofthe facility in which the food and beverages services described in this Agreement will be conducted. City shall obtain such pernlits and licenses. Concessionaire shall cooperate with the City in providing information which might be required to obtain such permits and licenses. Concessionaire shall operate and manage the food and beverage services described in this C. \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 3 Agreement in full compliance with the terms of such permits and licenses and with any changes or modifications to said permits and licenses. To the ex1:ent the laws, regulations or opinions of the Riverside Health Department may change, Concessionaire shall obtain such pernlits and licenses as required by applicable laws and regulations. f. Concessionaire shall at its own cost and expense procure and keep in force during the term ofthis Agreement all necessary permits and licenses and shall require any subcontractors to have all necessary permits and licenses during the course of the term of the Agreement, including, without limitation: (1) City of Temecula business license; (2) County of Riverside Health Department food handler permits; and (3) California State Board of Equalization sellers permit. g. Concessionaire shall be responsible for the payment of all applicable taxes for products or services under its control, including without limitation, any possessory interest tax which might be imposed, and for the maintenance of appropriate records showing payment oftaxes. Concessionaire shall pay and discharge before delinquency all taxes and assessments, if any, which may be levied during the term ofthe Agreement as a result of Concessionaire's operations. Concessionaire shall not pernlit any liens to be asserted against City's property during the term ofthis Agreement. h. Employees of Concessionaire shall at all times be neatly and cleanly uniformed at no expense to City. The style and colors of uniforms for employees shall be approved by the Director. i. Concessionaire shall train and closely supervise all employees so that they are aware of and continually practice high standards of cleanliness, courtesy and service. Concessionaire's employees shall follow all applicable sanitary practices, mles and requirements governing restaurant employees. Concessionaire's employees shall at all times reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated by the City. The City shall provide written notice regarding any unkempt and unclean employees to the Concessionaire. j. Concessionaire's employees shall not, either by act or language, offend or disturb patrons of normal sensitivity during the course of providing services at the Library and Theater. Concessionaire's employees shall not interfere with a program or special event presented at the Library or 111eater. 111e Director shall be the sole judge in the determination of such matters. k. To the ex1:ent required by law, Concessionaire's employees shallat the concessionaire's expense be fingerprinted and undergo the State required background check for working in a public facility. 1. Concessionaire shall provide an adequate number of personnel to properly service and attend to the patrons. C. \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 4 m. Concessionaire shall respond promptly to all complaints from patrons and shall report to City on each complaint and the resolution thereof. If City believes a complaint to be of a serious nature, City shall notify Concessionaire in writing. Concessionaire shall respond to such notification within four (4) calendar days. n. Not less than once each calendar month during the first year ofthe term ofthis Agreement, the Director and Concessionaire shall meet to discuss the operation of the food and beverage services and the financial viability ofthe operation. o. All promotions with other food vendors or any subcontracts shall be approved in advance and in writing by the Director. p. Concessionaire shall allow City Staff access to the Food Concession area as necessary or convenient to the City to insure compliance with the terms of this Agreement. 6. TERM. a. This Agreement shall commence on July 1, 2007 and shall remain and continue in effect until June, 30, 2009, unless sooner terminated or ex1:ended pursuant to the provisions ofthis Agreement. City shall have the right to ex1:end this Agreement for two one (1) year periods with the first beginning on Julyl, 2009 and the second beginning on July 1, 2010. City shall exercise its option to ex1:end the Agreement on or before April 1 ofthe year of expiration. 7. PAYMENT TO THE CITY. a. Concessionaire shall sell its food and beverages to patrons of the Library and 111eater and members ofthe public from the Food Concession Area. City shall not be required to payor otherwise compensate Concessionaire for providing food and beverage services at the Library and Theater. b. For the privilege of operating the Food Concession Area pursuant to the terms of this Agreement, Concessionaire shall pay to the City seven percent (700) of the Gross Revenues of the Concessionaire from its sales in the first year and ten percent(100.0) of Gross Revenues every year thereafter pursuant to this Agreement. Said sum shall be paid to the City within ten (10) calendar days following the end of each calendar quarterly. c. As used in this Agreement, "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food and beverages sold pursuant to this Agreement prior to payment of expenses; provided, however, sales taxes pursuant to Section 7200 et seq. ofthe Revenue and Taxation Code shall not be included in Gross Revenues. C' \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 5 d. Concessionaire shall maintain a system of books and records in accordance with generally accepted accounting principles showing all Concessionaires' revenues received in connection with the sales of food and beverages pursuant to this Agreement. The Director of Finance shall review and approve the system of books and records and shall be authorized to require the preparation and maintenance of additional accounting records and reports. Said records shall be kept for not less than three (3) years after the expiration ofthe term ofthis Agreement and any ex1:ensions thereof. City and its authorized agents may inspect or audit such books and records at any time during regular business hours upon one (1) business day's notice. If a City audit uncovers an underreporting of Gross Revenues in the amount of five percent (500) or more during a one year period, Concessionaire shall pay the City's costs in perfornling the audit. 8. TERMINATION OF AGREEMENT WITHOUT CAUSE. a. 111e City may at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving upon the Concessionaire at least forty-five (45) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the notice provides otherwise. b. Concessionaire may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the City at least forty-five (45) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the Director otherwise agrees in writing. c. 111 the event this Agreement is ternlinated pursuant to this Section, the Concessionaire shall pay to the City the amounts which may be due to the City under this Agreement through the time oftermination. 9. DEFAULT OF CONCESSIONAIRE. a. Concessionaire's failure to comply with the provisions ofthis Agreement shall constitute a default. b. Ifthe Director determines that Concessionaire is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Concessionaire with written notice of the default. Concessionaire 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 Concessionaire fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision ofthis Agreement, to C' \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 6 terminate or suspend 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. c. In the event the Director determines that Concessionaire's default poses an immediate risk to the health or safety of patrons of the park, the Food Concession Facility or the public, he may suspend the Agreement without prior written notice to Concessionaire. Upon such immediate suspension, the Director shall initiate the default procedures set forth in this Section. d. The City and Concessionaire agree that waiver by the City or Concessionaire of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other ternl or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. 10. INDEMNIFICATION. Concessionaire agrees to defend, indemnify, protect and hold harmless the City, Temecula Community Services District ("TCSD"), their officers, officials, agents, 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 or TCSD 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 Concessionaire's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance ofthis Agreement, excepting only liability arising out ofthe negligence of the City, TCSD, their officers, officials, agents, employees and volunteers. 11. INSURANCE REOUIREMENTS. Concessionaire shall procure and maintain for the duration ofthe 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 Concessionaire, its agents, representatives, or employees. a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 0001 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 0692 covering Automobile Liability, code 1 (any auto). If the Concessionaire owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. C' \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 7 (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. limits no less than: Minimum Limits of Insurance. Concessionaire shall maintain (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability 111surance or other fornl 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) 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. Worker's Compensation insurance is required only if Concessionaire employs any employees. Concessionaire warrants and represents the City that it has no employees and that it will obtain the required Workers Compensation Insurance upon hiring of any employees. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Director of Finance. At the option of the Director of Finance, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, TCSD, their officers, officials, agents, employees or volunteers; or the Concessionaire shall procure a bond guaranteeing payment oflosses 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, the TCSD, their officers, officials, agents, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Concessionaire; products and completed operations ofthe Concessionaire; premises owned, occupied or used by the Concessionaire; or automobiles owned, leased, hired or borrowed by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to the City, TCSD, their officers, officials, agents, employees or volunteers. C' \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 8 (2) For any claims related to this Agreement, the Concessionaire's insurance coverage shall be primary insurance as respects the City, TCSD, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, TCSD, their officers, officials, agents, employees or volunteers shall be excess ofthe Concessionaire's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions ofthe policies including breaches of warranties shall not affect coverage provided to the City, TCSD, their officers, officials, agents, employees or volunteers. (4) The Concessionaire's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits ofthe 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. Acceotabilitv 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. Concessionaire 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 fornls 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 Concessionaire's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. C' \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 9 12. INDEPENDENT CONTRACTOR a. Concessionaire 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 Concessionaire shall at all times be under Concessionaire's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Concessionaire or any of Concessionaire's officers, employees, or agents except as set forth in this Agreement. Concessionaire 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 ofthe City. Concessionaire 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 Concessionaire in connection with the performance ofthis Agreement. Except for the rights of Concessionaire as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for City. City shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of perfornling services hereunder. 13. LEGAL RESPONSIBILITIES. Concessionaire shall keep itself infornled of all applicable local, State and F ederallaws, ordinances, and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. Concessionaire shall at all times observe and comply with all such ordinances, laws and regulations. 111e City, and its officers and employees, shall not be liable for any failure ofthe Concessionaire to comply with this section. 14. RELEASE OF INFORMATION. a. All infornlation gained by Concessionaire in perfornlance ofthis Agreement shall be considered confidential and shall not be released by Concessionaire without City's prior written authorization. Concessionaire, its officers, employees, agents or subcontractors, shall not without written authorization from the 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 Concessionaire gives City notice of such court order or subpoena. b. Concessionaire shall promptly notify City should Concessionaire, 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 C' \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 10 retains the right be present at any deposition, hearing or similar proceeding. Concessionaire agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Concessionaire. However, City's right to review any such response does not imply or mean the right or obligation by City to control, direct, or rewrite said response. 15. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Director of Community Services To Concessionaire: A&B Desert Services 32172 Via Bejarano Temecula, California 92592 Attention: President 16. ASSIGNMENT. Due to the special services being performed by Concessionaire pursuant to this Agreement, and the importance of providing quality food and beverage services, Concessionaire shall not assign the perfornlance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent ofthe Director. 17. GOVERNING LAW: LITIGATION. The City and Concessionaire understand and agree that the laws ofthe State of California shall govern the rights, obligations, duties and liabilities ofthe parties to this Agreement and also govern the interpretation ofthis 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. 111 the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the revailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. C' \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 11 18. PROHIBITED INTEREST. No officer, or employee ofthe City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Concessionaire, or Concessionaire's sub-contractors, during his/her tenure or for one year thereafter. The Concessionaire 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 ofthe Concessionaire or Concessionaire's sub-contractors for the services to be provided under this Agreement. Concessionaire 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. 111is Agreement contains the entire understanding between the parties relating to the obligations ofthe 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 Concessionaire warrants and represents that he or she has the authority to execute this Agreement on behalf of Concessionaire and has the authority to bind Concessionaire to the performance of its obligations hereunder. 21. EXHIBITS. 111e following Exhibits are attached to this Agreement and incorporated herein as though set forth in full: a. Exhibit A Description of Food Concession Area b. Exhibit B City Supplied Equipment //// //// C' \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 12 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, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved as to fornl: Peter M. Thorson, City Attorney C' \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 13 CONCESSIONAIRE A&B Desert Services DBA as Grounds for Hire 32172 Via Bejarano Temecula, CA 92592 (951) 695-0669 By: Name: Title: By:_ Name: Title: (Two Signatures of Corporate Officers Required For Corporations) C' \ WINDOWS\apsdoclnettempI5624\$ASQpdf84 2585 .DOC 14 EXHIBIT A DESCRIPTION OF FOOD CONCESSION AREA 111e Old Town Temecula Community 111eater. 1. An 8 foot Van San Concession Cart located in the courtyard between the Mercantile and Auditorium complex. 2. Storage area located in original concession area behind the mercantile building. 111e Temecula City Library 1. An 8 foot Van San Concession Cart to be located in the sitting area in the North West corner ofthe main room. C' \ WINDOWSlapsdoclnettempl562 41$ASQpdf84 2585 .DOC 15 EXHIBIT B CITY SUPPLIED EQUIPMENT 1. The city will supply two Van San 8 foot Concession Carts. Each cart is equipped with a built-in refrigerator unit, an ice dispenser, and a MSU unit for the removal of waste water. C' \ WINDOWSlapsdoclnettempI56241$ASQpdf84 2585 .DOC 16 TCSD DEPARTMENTAL REPORT Ii - I. ITEM NO. 26 I I REDEVELOPMENT AGENCY Ii - I. ITEM NO. 27 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MAY 8,2007 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:46 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Roberts, Washington, and Edwards ABSENT: o AGENCY MEMBERS: None. Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. RDA CONSENT CALENDAR 17 Minutes RECOMMENDATION: 17.1 Approve the minutes of April 24, 2007. MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency Member Roberts seconded the motion and electronic vote reflected unanimous aooroval. RDA EXECUTIVE DIRECTORS REPORT No additional comments. RDA AGENCY MEMBERS REPORTS No additional comments. R:\Minutes\050B07 RDA ADJOURNMENT At 7:47 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, May 22,2007, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Maryann Edwards, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes\050B07 2 Ii - I. ITEM NO. 28 I I Approvals City Attorney Director of Finance City Manager ~~ /1/2 ~ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Genie Roberts, Director of Finance DATE: May 22,2007 SUBJECT: Financial Statements for the Nine Months Ended March 31,2007 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the Agency Members: 1. Receive and file the Financial Statements for the Nine Months Ended March 31, 2007. 2. Approve an appropriation of $94,000 for Debt Service Interest in the Debt Service Fund. 3. Reduce the Operating transfers In and Out from the Debt Service Fund to the Capital Improvement Fund from $2,800,000 to $2,600,000. 4. Approve an allocation forthe Temecula Education Center project in the amount $730,000 in Low-Mod Housing Funds. BACKGROUND: The attached financial statements reflectthe unaudited activity of the Redevelopment Agency for the nine months ended March 31, 2007. Please see the attached financial statements for an analytical review of financial activity. The appropriation request for Debt Service Interest is a result of accrued interest from the 6th Street Promissory Note. The reduction for the Operating Transfer In and Out is necessary to maintain Debt Service Reserve requirements related to the 2006 RDA Tax Allocation Bonds issued in December 2006. The Temecula Education Center project was partially funded with a $730,000 contribution from the developer. As a result of the expiration of the developer agreement on March 30, 2007, an allocation of RDA Low/Mod Housing Funds is necessary to fully fund this project. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of March 31, 2007 Statement of Revenues, Expenditures and Changes in Fund Balance for the nine months ended March 31, 2007 TEMECULAREDEVELOPMENTAGENCY Combining Balance Sheet as of March 31, 2007 And the Statement of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31, 2007 (Unaudited) Prepared by the Finance Department Ternecula Redevelopment Agency Combining Balance Sheet As of March 31, 2007 Low/Mod elP Debt Fund Fund Service Total Assets: Cash and investments $11,088,345 $21,707,243 $1,875,769 $34,671,357 Receivables 5,547,387 281,354 40,416 5,869,157 Land held for resale 98,484 98,484 Total assets $16,635,732 $22,087,081 $1,916,185 $40,638,998 Liabilities and fimd balances: Liabilities: Other current liabilities $791,629 $38,466 $1,756,553 $2,586,648 Deferred revenue 4,409,281 125,000 4,534,281 Total liabilities 5,200,910 163,466 1,756,553 7,120,929 Total FlUld balances: Reserved 11,434,822 21,923,615 159,632 33,518,069 Total liabilities and fund balances $16,635,732 $22,087,081 $1,916,185 $40,638,998 Please note that these balances are lUlaudited Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Nine Months Ended March 31,2007 Revenues: Property tax increment Investment interest Rental income Forgivable Loan RepaymenUMisc. Reimbursements Total Revenues Expenditures: Salaries and benefits Operating and administrative expenditures Homebuyer programs Affordable housing / future obligation Residential rehabilitation programs Habitat II Old Town Mixed Use Temecula Education Center Old Town Mixed Use- Dalton II Total Expenditures Revenues Over/(Under) Expenditures Beginning Flllld Balance, July 1, 2006 Ending Flllld Balance, March 31, 2007 Annual Amended Budget $2,972,818 100,000 126,000 45,000 3,419,646 6,663,464 311,117 433,650 300,000 305,000 391,862 250,000 961 3,547,842 3,000,000 8,540,432 (1,876,968) 9,959,527 $8,082,559 YTD Activity Encumbr. $1,561,053 290,607 84,857 2,654,902 4,591,419 212,919 180,011 $45,786 305,000 132,965 56,765 961 2,285,229 943,542 Total Activity Percent of Budget 53% (1) 291% (2) (3) 189% (4) 78% 69% 68% 52% (5) 0% (6) 100% (7) 48% (8) 0% (9) 100% 91% 0% (10) 49% Notes: 1) The second half portion of Property Tax increment is expected to be received by the end of May ofthis fiscal year. 2) Investment interest was higher than expected due to delay in project expenditures resulting in higher cash balances 3) The annual rent from Temecula Gardens was invoiced on April17, 2007; Payment is expected by the end of May of this fiscal year. 4) The variance in forgivable loan is due to more than expected residential rehab loans refinanced during this quarter. 5) The variance is due to decreasing activity in legal, consulting services and project help during this quarter. 6) The variance in homebuyer programs is due to most applicants not meeting the requirements to participate in the program. 7) The annual contribution for Rancho West and Mission Village affordable housing projects is due and payable in July of each fiscal year 8) The decreasing activity in residential rehabilitation programs is due to less than anticipated loans processed during this quarter. 9) Construction for the Habitat II rehabilitations program started in April of this fiscal year. 10) Dalton II Old Town Mixed-Use payment was processed on April 4, 2007. $1,561,053 290,607 84,857 2,654,902 4,591,419 212,919 225,797 305,000 189,730 961 3,228,771 3,116,124 1,047,054 4,163,178 1,475,295 9,959,527 $11,434,822 2 Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Redevelopment Agency-CIP For the Nine Months Ended March 31,2007 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Investment interest $28,000 $71,416 $71,416 255% (1) Loan interest 12,200 8,655 8,655 71% Reimbursements/Mise 22,800 26,321 26,321 115% (2) Other Financing Source 20,251,477 20,251,477 20,251,477 100% (3) Operating transfers in 2,800,000 1,400,000 1,400,000 50% (4) Total Revenues 23,114,477 21,757,869 21,757,869 94% Capital Projects: Old Town Building Fas:ades 280-813 76,350 20,444 $33,523 53,967 71% ErIe Stanley Gardner 280-834 92,303 77,175 14,161 91,336 99% Wireless Fidelity WIFI Hot Zone 280-839 19,960 18,600 18,600 93% Old Town Sixth Street Bollards 280-841 30,000 0% (5) Opemting Expenditures: Salaries and wages 174,353 107,058 107,058 61% Operating and administrative expenditures 435,443 247,548 47,685 295,233 68% Old Town plan implementation 192,282 140,010 140,010 73% Banner program 1,000 0% Total Expenditures 1,021,691 610,835 95,369 706,204 69% Revenues Over/(Under) Expenditures 22,092,786 21,147,034 Opemting Transfers Out (6,643,200) Revenues Over/(Under) Expenditures 15,449,586 21,147,034 and Operating Transfers Beginning Flllld Balance, July 1, 2006 776,581 776,581 Ending Flllld Balance, March 31, 2007 $16,226,167 $21,923,615 Notes: 1) Investment interest was higher than expected due to delay in project expenditures resulting in higher cash balances. 2) Reimbursement for ErIe Stanley Gardner was received in September of this fiscal year. 3) In December 2006, the Agency issued Bonds proceeds to finance redevelopment activities Phase I ofthe Civic Center project. 4) Transfer in is done based on available cash balance from the Debt service fimd needed for the quarter. 5) The Old Town Sixth Street Bollards project is expected to carry over to next fiscal year. 3 Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual Redevelopment Agency - Debt Service For the Nine Months Ended March 31,2007 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Property tax increment $11,891,273 $6,244,212 $6,244,212 53% (1) Other Financing Source 893,523 893,523 893,523 100% (2) Investment interest 40,000 58,923 58,923 147% (3) Total Revenues 12,824,796 7,196,658 7,196,658 56% Expenditures: Trustees admin fees 15,663 11,513 11,513 74% Property Tax admin Fees 136,000 106,614 106,614 78% Pass-through agreements 8,388,948 4,351,095 4,351,095 52% (1) Debt service - principal 415,000 415,000 415,000 100% (4) Debt service - interest 1,481,161 1,546,889 1,546,889 104% (4) Debt service - New TAB'S 885,861 643,200 643,200 73% Total Expenditures 11,322,633 7,074,311 7,074,311 62% Revenues Over/(Under) Expenditures 1,502,163 122,347 Operating Transfers Out (2,800,000) (1,400,000) Revenues Over/(Under) Expenditures and Operating Transfers (1,297,837) (1,277,653) Beginning Flllld Balance, July 1, 2006 1,437,285 1,437,285 Ending FlllldBalance, March 31, 2007 $139,448 $159,632 Notes: 1) The second half portion of Property Tax increment is expected to be received by the end of May of this fiscal year. 2) In December 2006, the Agency issued Bonds proceeds to finance redevelopment activities Phase I of the Civic Center project. 3) Investment interest was higher than expected due to higher cash balances related to growth in tax increment receipts. 4) Debt service principal and interest payments are due and payable by the first of September of each fiscal year. 4 Ii - I. ITEM NO. 29 I I Approvals City Attorney Director of Finance City Manager ~r- /112. ~ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyers, Redevelopment Director DATE: May 22,2007 SUBJECT: Request For Interest for Agency Owned Property RECOMMENDATION: Authorize the release of the Request for Interest for the Agency Owned Property on Diaz Road and Dendy Lane. BACKGROUND: The Affordable Housing Fund of the Temecula Redevelopment Agency owns approximately 32 acres located at the NWC of Diaz Road and Dendy Lane (APN 909- 370-002). Until recently, the site had been under a Disposition and DevelopmentAgreementforthe development of the Temecula Education Center. In order to re-evaluate the ultimate use of the Agency's property, staff is recommending the Agency issue a Request for Interest (RFI) to attract qualified developers or development teams. DISCUSSION: The purpose of the RFI is to describe the development site offered by the Agency and to solicit interest from developers that are qualified and interested in developing a high-quality product. Prospective developers will be invited to make a submittal to the Agency expressing their interest in the development site and background information on their qualifications and comparable project experience. The Agency will review the submittals and conduct interviews and ultimately recommend a preferred developer to the Redevelopment Agency Board. This process is anticipated to take approximately 90 days. Upon selecting the preferred developer, the Agency will begin negotiating an Exclusive Negotiating Agreement for the ultimate development of the property. FISCAL IMPACT: The subject property is owned by the Agency's Affordable Housing Fund. The Agency has invested approximately $8 million in acquisition and improvements to the property. Should the future development of the property include affordable housing, a complete fiscal analysis of the project pro-forma will be conducted to determine the appropriate level of Agency assistance. Should the Agency ultimately sell the property without an affordable housing component, the full value of the sale is legally required to be deposited in the affordable housing fund. Attachment: Request for Interest May 25, 2007 To: Interested Developers Re: Request for Interest (RFI) Development Opportunity within the City of Temecula Temecula, California Greetings: The Temecula Redevelopment Agency is soliciting qualified developers for a development opportunity within the City of Temecula. The.:t 30 acre site is located at the northwest border of the city at the corner of Diaz Road and Dendy Parkway. The Temecula Redevelopment Agency owns the site and is seeking a qualified developer for a large mixed-use development that may include higher education and affordable housing. Enclosed with this letter are several items describing the development opportunity: . Description of the development site (see attachments for further details) . Scope of development . RFI submission requirements . Review process and schedule All Requests for Interest are to be submitted no later than 5:00 p.m. June 22. 2007 to the: Temecula Redevelopment Agency 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033. Attention: City Clerk Should you have questions regarding the development opportunities or this Request for Interest, please direct them to John Meyer, at 951-694-6412. We look forward to discussing this development opportunity with you. Sincerely, John Meyer Redevelopment Director REQUEST FOR INTEREST DEVELOPMENT OPPORTUNITY WITHIN THE CITY OF TEMECULA, CALIFORNIA CITY OF TEMECULA May 25, 2007 TABLE OF CONTENTS Page I. Introduction...............................................................................................1 II. Overview of Development Opportunity...... ......... ......... ......... ......... ......... ...... ...1 AC~cl~~~~................................................................................1 B. Development Opportunity / Scope of Development....................................2 C. Development Site Location...... ......... .............. ......... ......... ...... .......... ....2 D. Development Site Description...............................................................2 III. RFI Submission Requirements......... ......... ......... ......... ......... ......... ......... .......3 A Development Entity...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ...... ... ....3 B. Financial Capacity........................................................................... ...3 C. Examples of Comparable Projects Completed or Underway...... ...... ............3 D. Proposed Development.......................................................................3 IV. Review Process and Schedule......................................................................4 A Process...........................................................................................4 B. Schedule..........................................................................................4 C. Criteria.......................................................................................... ...5 D. RFI Submittals and Further Questions....................................................6 E. Deposit.......................................................................................... ..7 V. Other Terms and Conditions.........................................................................7 A Responsibility of the City..................................................................... 7 B. Responsibility of the Developer....... ......... ......... ......... ......... ......... ..........8 VI. Attachments.......................................................................................... .....9 1. Site Location. ..................................................................................1 0 2. Site Location (proximity to major retail & employment centers)........ .......... ..11 3. Development Site........................................................................... ...12 I. INTRODUCTION The Temecula Redevelopment Agency (Agency) is pleased to announce a Request for Interest (RFI) for an exciting development opportunity offered within the City of Temecula. The purpose of this RFI is to describe the development site offered by the Agency and to solicit interest from developers that are qualified and interested in developing a high-quality product. This is not a request for proposals. The Agency is soliciting expressions of interest and will then proceed to interview developers with the objective of selecting a development entity for the property. Prospective developers are invited to make a submittal to the Agency expressing their interest in the development site and background information on their qualifications and comparable project experience. The Agency intends to compile a shortlist of developers, conduct a series of interviews, and ultimately select a preferred developer. The selected developer will enter into an Exclusive Negotiation Agreement (ENA) with the Agency. II. OVERVIEW OF DEVELOPMENT OPPORTUNITY A. City of Temecula The City of Temecula is the commercial heart of the fast-growing Southwest Riverside County region along the 1-15 and 1-215 corridors. Temecula is part of Southern California's Inland Empire with close proximity to Los Angeles, Orange and San Diego Counties' business centers. The Inland Empire is a 28,000 square mile region comprised of San Bernardino County, Riverside County, and is one of the fastest-growing Metropolitan Areas in America. Its population of 3.1 million is more than that of 20 states, and increases at a rate of nearly 100,000 residents per year. The City of Temecula is a fast growing community, which is comprised of 32 square miles and has a population of approximately 97,935 residents. Additionally, the City has 36 parks on 255 developed acres, providing extensive recreational opportunities for both Temecula citizens and surrounding communities. The Temecula Valley Unified School District provides 32 schools for 27,465 students in kindergarten through 12'h grade. The City of Temecula focuses on community needs and quality of life through day-to-day operations, a proactive economic development element, and by meeting the City's capital improvement needs. Full demographics for the City can be located on our Website at www.citvoftemecula.orq/temecula/businesses . B. Development Opportunity / Scope of Development The subject site is considered to be well-suited for incorporation of a large mixed-use development that may include industrial, commercial, and office uses as well as higher education, residential and recreational or youth oriented uses. Industrial and office uses should focus on creation of quality jobs. A commercial component should include uses that support not only the subject development but the surrounding industrial parks. Higher education should focus on but not limited to degree based education, professional certification and continuing education. Housing opportunities should consider workforce housing, including both market rate and affordable housing. Other uses may include but are not limited to day care facilities and youth supporting facilities such as an ice rink or teen center. The Agency will entertain any combination of these components as well as other uses with proper support that such components contribute to the project's highest and best use. c. Development Site Location The site is located at the northwest border of the city at the corner of Diaz Road and Dendy Parkway. (See attachments for further details) D. Development Site Description The site consists of.:t 30 acres and is zoned Planned Development Overlay (PDO), which allows for a large mix-used development. The site is adjacent to large industrial uses and has undergone significant grading in preparation for development. (See attachments for further details) 2 III. RFI SUBMISSION REQUIREMENTS A. Development Entity D Identify the development entity that would enter into exclusive negotiations with the City, including any joint venture and limited partners to the extent known at this time, including design and engineering firms, project managers, contractors and sub-contractors. D Explain the role of each of the development partners. D Name the principal in charge. D Identify legal counsel including redevelopment attorney. B. Financial Capacity D Describe the financial strength and capability of the development entity. D Submit any publicly available financial documentation, such as annual reports that demonstrate the company's or development entity's financial strength and capability. C. Examples of Comparable Projects Completed or Underway D Provide at least three (3) examples of comoarable projects completed or underway by principals of the developer team, and the role of that team member in the comparable project. D Describe how these comparable projects were financed. D. Proposed Development D Describe in a narrative one or two-page format the development concept and approach that is envisioned. 3 D Present critical path for project completion including methodology of due diligence including: acquisition of financing, formulation of development concepts, community outreach, entitlements, pre-leasing, design, City planning reviews, and construction schedule. D Do not submit a financial pro forma or architectural and planning documents at this time. IV. REVIEW PROCESS AND SCHEDULE A. Process The City is requesting responses to the RFI from interested developers with experience in developing high quality residential, commercial, and/or mixed-use buildings. After review of the statements of interest, the City will schedule interviews with one or more development teams. Prior to the interview, the City will notify development teams of the specific information that should be provided during the interview (e.g., members of the development team, concept plan, documentation on financial capability, etc.). B. Schedule The solicitation, receipt, and evaluation of statements of interest, and the selection process, is anticipated to observe the following time schedule: Mailing of RFI May 25, 2007 Submittal Deadline June 22, 2007 Review by City/Consultant July 6, 2007 Interviews July 17, 2007 Recommendation to City Council August 14, 2007 4 C. Criteria The City intends to select one or more development teams based on the following criteria: documented comparable experience, development team interviews, evaluation of the development team's past project performance, financial capability, proposed development concept, and other pertinent factors. The following is a guide to the criteria that will be used in evaluating development teams: Deve/ooment Team . Prior, recent, and relevant experience in developing and marketing this type of project(s). . Demonstrated ability to develop projects that are a complimentary asset to the surrounding uses. . Qualifications of the development team and the key individuals proposed for involvement in the development. . Experience with developing projects in a public/private partnership. . Ability to provide local resources, experience, or capability to assure timely implementation of the proposed development. Financia/ Caoabi/itv . Demonstrated ability to provide project funding (debt and equity), including current relationships with major lenders and various financial institutions and past funding experiences. . Ability to provide sufficient project equity to demonstrate commitment to the success of the project and to satisfy conventional lender requirements. 5 Proiect Architecture. P/annina. and Desian . Demonstration of architectural and design experience on projects similar in quality, scale, and use to the proposed project. . Design experience with projects in a variety of settings. . Demonstrated experience in planning and designing projects sensitive to community concerns. . Experience with sites that incorporated innovative design and/or overcame engineering development constraints. Prooosed Deve/ooment Conceot . Demonstration of innovative and feasible approaches to development of the site(s). . Compatibility of proposed development concept, design features, and mix of uses with the existing industrial uses. D. RFI Submittals and Further Questions Interested developers should submit one (1) original and five (5) copies of all materials. The submittal(s) should be limited to 15 pages plus attachments. Concise and focused responses are encouraged. Requests for Interest should be submitted no later than 5:00 noon on June 22. 2007, to the: Temecula Redevelopment Agency 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Attention: City Clerk 6 Any general questions regarding the project and this RFI should also be directed to: John Meyer Director of Housing and Redevelopment (P)951-694-6412 (F)951-693-3903 E. Deposit The selected developer will be required to make a non-refundable good faith deposit upon execution of the ENA in the amount of $50,000.00 to ensure that the developer proceeds diligently and in good faith to perform all developer obligations under the negotiated agreement. If the City Council fails to approve a development agreement that is consistent with the ENA, then the deposit becomes refundable. v. OTHER TERMS AND CONDITIONS A. Responsibility of the City The information in this RFI is intended to provide general information regarding the development site. This information is not intended or warranted to be a complete statement of potential land use issues and/or procedures to which the developer may be subject, nor is this information intended to be a complete statement of all the information the developer might be required to ultimately submit. All facts and opinions stated herein and in any additional information provided by the City, its staff or its consultants, including but not limited to surveys, statistical and economic data, and projections, are based on available information and no representation or warranty is made with respect thereto. This RFI does not commit the City to pay any costs incurred in the preparation of a response. 7 The City reserves the right to accept or reject any submission in part or in its entirety. The City further reserves the right to request and obtain, from one or more of the developers who submit statements of interest, supplementary information as may be necessary for the City staff and/or its consultants to analyze the submission. The City reserves the right to choose any number of qualified finalists. In addition, the City reserves the right to issue written notice to all participants of any changes in the submission schedule or other schedules, should the City determine, at its sole and absolute discretion, that such changes are necessary. The proposing entity, by submitting a response to this RFI, waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFI. Finalists may be required to sign a hold harmless certification, at the City's option. B. Responsibility of the Developer The successful developers and the City will enter into a period of negotiations during which time a definitive Disposition and Development Agreement (DDA) will be negotiated. It will be the responsibility of the developers to advise and consult with the City and its consultant team on product definition during the entitlement phase and concurrently plan and design the project. It will be the responsibility of the selected developers to undertake all site planning, engineering, tentative and final mapping, and all other required entitlements for the proposed development. Following the execution of a DDA and receipt of entitlements, the properties may be sold and/or leased to the developer. R Attachments 9 Attachment A1 Development Site Location , c:::J Development Site ~ City of TemecUla Boundary ,..-9-., , ., ,. - \j~-, 10 Attachment A2 Development Site Location (proximity to major retail & employment centers) " [=:J Development Site [=:J City of Temecula Boundary ",_^. v- . ~J) I.~t;: ~,~; ". - - 11 Attachment A3 Development Site :, :;"I'_.-.'i!~, ,,\t~ ". 'r"\~ """~~~_~~' J-;'_ ~""{!.1'o>lf_-: ;/-.., r.t~'':-'j,-1 !I ,/~. -....-1....-")1. -.) ..... ,~ .'{ ''-'ll J. ,~*-f /:;0 ""'..,v-.0 ~~,tl;; ~-<,,~:~........,. '~. '" .-. >;. 12 RDA DEPARTMENTAL REPORT ITEM NO. 30 Approvals City Attorney Director of Finance City Manager ~~ ~12 ~ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: May 22,2007 SUBJECT: Redevelopment Departmental Monthly Report Attached for your information is the monthly report as of May 22, 2007 for the Redevelopment Department. First Time Homebuyers Program Funding in the amount of $100,000 is available for FY 06 -07. Residential Improvement Programs The program budget for FY 06-07 is $350,000, with $132,137 funded on 21 units. The amount available to each participant is$7500. Habitat for Humanity Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity 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 5 new single-family detached homes. The houses are arranged along Pujol Street and a private lane. The preliminary grading permit has been issued and rough grading has been completed. A tentative tract map has been approved for the adjacent property for two additional single family detached homes. Dalton Mixed-Use II On May 28, 2005, the Council approved an Owner Participation Agreement with D'Alto Partners to build a mixed-use affordable housing project. The project consists of 24 units and over 5,000 sq. ft. of retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes. Construction is completed and all 24 apartment units have been leased. Dalton Mixed-Use III On March 28, 2006, the Council approved an Owner Participation Agreement with D'Alto Partners to build a mixed-use affordable housing project. The project will consist of 22 units over 4,700 sq. ft. of retail/commercial. Vertical construction has begun. It is estimated that construction will be completed in the fall of 2007. The project is located on the north side of Fifth Street, west of Mercedes. Facade Improvement/Non-Conforming Sign Program The following facade improvement/sign projects are in process or have recently been completed: Palomar Hotel - Paint Exterior, New Windows and Doors La Menagerie - Design and Install Wood Blasted Signs Chaparral Center Building - Sign Program Old Town Promotions/Marketing Western Davs Western Days was held in Old Town on May 19 & 20, 2007. The weekend included three venues featuring bands playing throughout the weekend; 5th and Front at Panache, 4th and Front and Main and Front at Rosas Cantina. The featured bands included Older Than Dirt, Jim Brookes, Trials and Rails and Judy Taylor & Wild Oats. The weekend also included calf roping lessons, pony rides and an authentic blacksmith. One of the weekend highlights and a "Western Day favorites" was the High Noon Shoot Out presented by the Old Town Temecula Gunfighters, as these zany gunslingers tried to rob the Bank at Front and Main. Wild West and gunfight kits were held every hour beginning at noon. Native American Ceremonial Dancers performed on Saturday from 12:30 - 1 :30 at the Old Town Theater. Stagecoach Rides were available from 1 - 4 p.m. both Saturday and Sunday. Other upcoming events will include Street Painting Festival, June 23 & 24 and Hot Summer Friday Nights beginning July 13 through August 31. OLD TOWN TEMECULA Saturday & Sunday May 19&20 lla.m.to 5 p.m. High Noon Shoot Out presented by the Old Town Temecula Gunfigthers These zany gunslingers try to Rob The Bank at Front and Main Wild West and Gunfight Skits every hour beginning at noon Calf Roping Lessons ~'J ~r : Native American Ceremonial Dancers ,.. featuring Rodney Howard Saturday 12:30-1:30 p.m. at 4205l Main Street Old Town Theater ALSO SATURDAY Stagecoach Rides 1-4 p.m. Trails &: Rails Western Music 12:30-3:30 p.m. Judy Taylor & Wild Oats 12:30-3:30 p.m. Older than Dirt Satul'day & Sunday 12-3 p.m. Pony Rides * Blacksmith * Calf Roping SVNDJlY ONLY Linda ICing Pl'uitt CHOCTAW STORYTELLER 12:30-1:30 p.m. FOR MORE INFORMATION (951) 694.6412 ORVISITWWW.TEMECULA.CALIFORNIA.COM 'I' J I _ ---1 Presented by ~.. ~~ iLU6Jl' ~ ~ ... '''='''by (fHE PRESS~ENTERPRISE-m& ~. lJllJI7" 'U@ ~JU1..~ (pJiil: ..:J n~ r;yfl~- f':"tt" r;;::Ip~ r. ""17i""~ ~~ I.flJiliJJ~f8.!..JSi ~'1 l!:::.J!J::'.iJI,t IJYJllfi::..FJ-:::J ,jEJJ1LW @J] C{}I!) fi1$JEfIJ: ,W IjlJ]fiJJJ ({)JJ~ ~@DJ;d~~ ~:<~ ~IJ ~J~J8~~ ~.!!JlJ!l.,;.)Y 0DD &'Il~r.m~~~ ~~ ~~0DlJ ~ -:-J.,;'\~~ , ~--:!) ~ dj~-/l"-/' ~ ~~00@ ~}){D:Km 1j0"~ \j~j~'I!)]J m~~0 '1J IJ2fi!jb FOR INFORMATION CALL 951-694-6412 www.temeculacalifornia.com APPLICATIONS AVAILABLE AT WWW.TEMECULACALlFORNIA.COM EVENT AND CHALK FREE WHILE SUPPLIES LAST SPONSORED BY: Ail Msociation or Proles.slQnllJ Law Corporations ~ Diamond environmental services ~~ LA MASTEliS The Roripaugh Foundation The law OfflCeS of !R,psenstein & :J{itzeman THE PRESS-ENTERPRISE ID1IiiI ."':':'. -....- HF.92.9 Old Town Temecula m(n PAlNllN6 ~ fErr.VALXl~ SPONSORSHIP FESTIVAL DATES: JUNE 23 and 24, 2007 Please type or print the following information: CHALK SPONSOR Over 300 boxes of pastel chalks are distributed during the Street Painting Festival and at \Norkshops prior to the event. Your Company name and logo will be placed on all boxes of chalk saying "Chalk Provided by" and your company name and logo will appear on all advertising materials, flyers, posters and applications associated with the event. BLOCK SPONSORS: Your company or family name will be printed above your sponsored artwork. Sponsors will be assigned to the professional-class artists unless otherwise requested. YOUTH SPONSOR: One sponsorship is available for the youth section (on Main Street) where 400 small blocks are sectioned off. Sponsors name will be located in the center of the street in large letters. FEATURED ARTIST SPONSOR: This is a professional artist that will be assigned a larger space at the corner of Front and Main. The artwork will be larger than any other piece and will be roped off for public viewing. Businesses may have a featured artist at their location. (Location needs flat asphalt) Spon soring Bu sin ess/lndividual/Organization Name as you wish it to appear on your square* Address Telephone (home) E-mail address Contact Person City Zip (work) (fax) Web site address In-Kind Water Sponsor $500 Chalk Sponsor(Name/Logo on all boxes) $500 Youth Chalk Sponsor (banner at family section) $500 Featured Artist (name atop mural Plus more) $500 Umbrella Sponsor (Name on 10 Umbrellas) $500 Artist Food (1 0'x12' Plus Logo/Arnnities) $75 Square (8 x1 0) name atop block $50 Square (6'x6') name atop block name atop block $25 4'x6' block Sponsored squares are available on a first-come, first-served basis. For information contact the City of Temecula (951) 694-6412 Total # of squares purchased Total amount of check enclosed $ Mail your check, made payable to the City ofTemecula, P.O. BOX 9033, Temecula, CA 92589-9033. Please check one: We would like the City of Temecula to assign our street painter We will provide our own street painter. 1. IMPORTANT: ATTACH A COPY OF THE IMAGE YOUR ARTIST \NILL DO FOR YOUR SQUARE. ARTWORK FOR THE FESTIVAL MUST BE APPROPRIATE FOR PUBLIC FAML Y VIEWING. Neither nudes nor political statements of any kind will be accepted. City Age (please circle) (6-11) (12-14) (15-18) (19-25) (over 25) Zip SPONSORED ARTIST NAME Address Telephone (home) (work) Please list names, addresses & phone #s of any assistant artists: The undersigned artist (guardian if under 18) grants a non-exclusive license to the CITY OF TEMECULA to reproduce, in any medium, his/her art. The undersigned further licenses the CITY OF TEMECULA to re-use, publish and republish photography of the artist (including minors) in any medium The undersigned artist further grants the CITY OF TEMECULA use of the artist's name (including minors), biographical description and likeness in any media (fax) Signature Date TEMECULA PUBLIC FINANCING AUTHORITY I~-- . , II ITEM NO. 31 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ /JIL (Ja.., TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: May 22,2007 SUBJECT: Community Facilities District No. 2003-02 (Roripaugh Ranch) Initiation of Action Necessary to Foreclose Delinquent Special Tax Liens PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) BACKGROUND: On December 10,2006, approximately $264,372.12 in special taxes levied on behalf of Community Facilities District No. 03-02 (Roripaugh Ranch) ("District") became delinquent by reason of non-payment. These properties are variously owned by Davidson Roripaugh Ranch 122, LLC; Traditions at Roripaugh, LLC; Tanamera/Roripaugh, LLC; and Tanamera/Roripaugh II, LLC. On April 10, 2007, approximately $1,771,541.46 in additional special taxes levied on behalf of Community Facilities District No. 03-02 (Roripaugh Ranch) became delinquent by reason of non- payment. These properties are variously owned by Ashby USA, LLC; Davidson Roripaugh Ranch 122, LLC; Traditions at Roripaugh, LLC; Tanamera/Roripaugh, LLC; and Tanamera/Roripaugh II, LLC. As a result, approximately $2,035,913.58 in special taxes and $203,591.36 in penalties are presently owing. The District is additionally entitled to collect its administrative costs in seeking to resolve these delinquencies, including attorney's fees, roll removal fees and costs of the litigation guarantees to be obtained from a title company. The City Attorney has ordered that litigation guarantees be prepared and has commenced to prepare complaints for judicial foreclosure. Foreclosure actions will be filed following the adoption of a resolution directing the City Attorney to initiate such proceedings. Any such proceedings may be affected by the filing of bankruptcy actions. Staff understands that Tanamera/Roripaugh, LLC is presently the subject of involuntary bankruptcy proceedings. The District's action for judicial foreclosure against that entity would be automatically stayed pursuant to section 362(a) of the United States Bankruptcy Court. FISCAL IMPACT: The delinquencies on these parcels in the amount of $2,035,913.58 will be used to satisfy the debt service requirement on the outstanding bonds. ATTACHMENTS: Resolution No. TPFA 07 RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Temecula Public Financing Authority (hereafter referred to as the "Authority") does hereby find, determine and declare as follows: A. The Authority has by previous Resolutions formed the Community Facilities District No. 03-02 (Roripaugh Ranch) (hereafter referred to as the "District"), and authorized the levy of a Special Tax in the District for Fiscal Year 2006/07, pursuant to the terms of the Mello Roos Community Facilities District Act of 1982, as amended (hereafter referred to as the "Act") that provides for the levy and collection of special taxes by the County of Riverside for the City of Temecula to pay the maintenance and services of all improvements and facilities related thereto; and B. The Authority enacted Ordinance No. TPFA 05-01 in accordance with Government Code Section 53340 authorizing the levy of the Special Tax on property located within the District; and, C. Pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment of the Special Tax, the District may order the institution of a Superior Court Action to foreclose the lien therefore within specified time limits; and, D. There exists delinquent installments in the aggregate greater than 5% of the amount levied for the previous fiscal year and there are ten or less owners of real property within the District. Section 2. Intention: The Authority hereby declares that it is its intention to order judicial foreclosure proceedings against all delinquent parcels within the District and cause Notice of Intent to remove delinquent Special Tax installments from the County Tax Roll pursuant to Section 53356.2 of the Act. Section 3. Recordation of Notice of Intent. The Authority hereby directs the City Clerk to record or cause to be recorded in the Riverside County Recorder's Office, Riverside County being the county in which the subject properties are located, a Notice of Intent to Remove Delinquent Special Tax Installment from the Tax Roll, which contains the information set forth in subdivision (b) of section 53356.2 of the Government Code. Section 4. Authorization of Foreclosure Action. The Authority hereby directs and authorizes the City Attorney to bring suit in the Superior Court of the County of Riverside, or such other court as is appropriate, to foreclose the lien of special tax pursuant to section 53356.1 of the Government Code and to take all such actions as are reasonable and necessary to foreclose said lien. Section 5. Certification. The Authority Secretary shall certify adoption of the Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day ofMay , 2007. Chuck Washington, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 07- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day ofMay , 2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary DEPARTMENTAL REPORTS I~-- . , II ITEM NO. 32 II , II - . I . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ -1J1f. uu...- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: May 22, 2007 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of April 2007. CURRENT PLANNING ACTIVITIES New Cases The Division received 69 new applications for administrative, other minor cases, and home occupations including 9 applications for public hearings during the month of February. The new public hearing cases are as follows: CONDITIONAL USE PERMIT DEVELOPMENT PLAN EXTENSION OF TIME MAJOR MODIFICATION 5 2 1 1 Soecial Proiects & Lona Ranae Plannina Activities The Long Range Planning Division 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 currently in progress are described in the paragraphs below: . General Plan Land Use Map Update - Planning staff and GIS have completed revision exhibits that explain the necessary changes to the Land Use Map caused by overlapping data sets, differences in conceptual plans versus recorded maps, and changes in the built environment. Some examples of changes include streets currently shown as residential will have no land use designation, Specific Plan areas will be modified to reflect recorded maps, and new park and school sites will be noted as Open Space and Public Institutional Facilities. All property owners affected by the proposed map changes will be notified by mail prior to any hearing. Staff anticipates a Planning Commission hearing in June and a City Council hearing in June or July 2007 to coincide with a proposed land use change for the Professional Hospital Supply project. (PAPP) . General Plan Housing Element Update - Staff has been attending WRCOG workshops on the Regional Housing Needs Assessment in preparation forthe update of the City's Housing Element. SCAG released the Draft Regional Housing Needs Assessment numbers to cities and agencies in the region in February. Staff has reviewed the Draft RHNA Allocation Plan and supports the proposed housing distribution for Temecula. More than 40 cities throughout SCAG's six-county region have filed appeals on their proposed housing allocation. This could lead to an increase in the numbers allocated for Temecula. Appeals for the WRCOG-area jurisdictions will be heard on April 30th, 2007 at SCAG's Inland office in Riverside. It is expected that affordable housing goals and Housing Element Update must be certified by the State Department of Housing and Urban Development by December 2008. (PAPP) . Nicolas Valley Rural Preservation Area - Staff is undergoing an opportunities and constraints analysis of the properties contained within the Nicolas Valley Rural Preservation Plan area to develop strategies to assist property owners with the construction of needed infrastructure and services. This area is lacking paved roadways, water transmission lines, wastewater collection, cable television, etc. Because of the relatively few properties in the area, assessment districts may be too costly for property owners. Staff needs to map the existing flood plain and complete a slope analysis to create a comprehensive constraints map of the area. Staff met with the Council Subcommittee in late February to brief the Council on staff strategies for bringing much needed services into the area. It was determined that a public workshop should be held to solicit input from area residents. A workshop was held on March 29, 2007 and about 60 Nicolas Valley residents participated. Staff will continue to conduct monthly workshops with residents for the next 4 to 6 months to develop a plan for the area. (PAPP) . Mixed Use Development Standards and Traditional Neighborhood Design Criteria - Staff is in the process of developing Mixed Use Development Standards by reviewing existing projects and guidelines. This is expected to result in a recommended approach for areas of the City that are designated for Mixed Use development. (WEST) . Transit Center and Transit Oriented Development Demonstration Project - Staff is working with the County of Riverside Flood Control District, Army Corp of Engineers and their consultants to locate the proposed transit center within the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project, generally located in the vicinity of Jefferson Avenue and Cherry Street. Staff is also involved with the Southern California Association of Governments (SCAG) and the Western Riverside Council of Governments (WRCOG) to study constraints and opportunities associated with implementing transit- supportive development adjacent to the proposed Temecuia Transit Center. The SCAG/WRCOG consultants have completed the concept planning forthe Transit Oriented Development component of this project. Staff continues to work with the Riverside County Flood Control and Riverside Transit Agency staff to locate the Temecula Transit Center within the recreation portion of the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project. (WEST) . Smoking Ordinances - Two citywide smoking ordinances were prepared by staff and the City Attorney to prohibit smoking in the workplace and public piaces; and to reguiate smoking in multi-family housing by setting aside 25% or more of the units in each development as non-smoking units. The ordinances were presented to the Planning Commission on February 7, 2007 with the Commission unanimously recommending City Council approval. A City Council hearing date is tentatively scheduled for April 24, 2007. (PAPP) . Noise Ordinance - Staff has researched other jurisdictions noise ordinances and is in the process of developing a noise ordinance that incorporates the goals and objectives contained in the General Plan. The proposed ordinance is expected to contain provisions that would clearly define acceptable noise parameters and will permit Code Enforcement and/or the Temecula Police Department to Issue citations for noise violations. Staff met with representatives from Riverside County in January for a briefing on the County's newly adopted Noise Ordinance. A draft noise ordinance has been prepared and is being reviewed by the City Attorney. A second City Council Subcommittee meeting was held on April 3, 2007. A proposed hearing date has not been set at this time. (PAPP) . Water Efficient Landscaping Ordinance - The State of California recently adopted a Model Ordinance entitled California Friendly Landscapes, which identifies requirements for design, planting and irrigation. Riverside County recently adopted a new ordinance which includes the California Friendly criteria and expands on the model ordinance. Staff has obtained a copy of the county ordinance and is comparing it to the City's existing Water Efficient Landscape ordinance to determine if it should be revised. (PAPP) . Massage Ordinance - Staff is working with the Temecula Police Department to develop a new massage ordinance that is more restrictive than the existing ordinance and will be implemented and monitored directly by the Police Department. The proposed ordinance will require each employee to undergo several hundred hours of training, to wear identification at all times and includes more severe penalties for violators and business owners. (PAPP) . 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. (PAPP) . Heritage Tree Ordinance - The proposed Heritage Tree Ordinance has been prepared and is being reviewed by the City Attorney's office. The ordinance will serve to protect certain identified tree species and other large diameter trees throughout the City. A public hearing date has not been set at this time. (PAPP) . Procedures to Implement CEQA - Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, inciuding the adoption of local exemptions. This is expected to inciude significance thresholds and procedures for the City to contract for the preparation of environmental impact reports. (PAPP) . Development Code Update - Staff is reviewing the Development Code to identify any needed corrections or clarifications and to determine if WQMP requirements should be incorporated into the development standards. (WEST) . Old Town Specific Plan - Staff is studying the issues reiated to the massing and scale of four story buildings and design guidelines that would encourage pedestrian activity on the streets within Old Town. An in-lieu parking fee for commercial development may also become part of a future amendment to the Old Town Specific Plan, following the results of the parking study that is currently underway. (WEST) . Local Update of Census Address Program (LUCA) - The Local Update of Census Address Program is the first of several steps in preparation for the 2010 Decennial Census. Staff is working with Census Program staff to develop a plan for the City's involvement with the 2010 Decennial Census. (WEST) . Santa Margarita Ecological Reserve Area Annexation - the Notice of Preparation (NOP) for a draft EIR was published April 25, 2007. Responsible agencies have 30 days to respond to the NOP regarding the content of the information that will be assessed within the draft EIR. A scoping session for the preparation of the draft EIR will be held on May 10,2007 at 6:00 PM in the City Council Chambers. (WEST) Planning Agenda Report 04-01-2007 through 04-30-2007 APN# . PA05-0365 YMCA @ Margarita/Moraga 921300006 DALE WEST A Development Plan to construct and operate a 26,100 square foot YMCA building within a 0.66 acre lease area of a 20.23 acre site located at 29119 Margarita Road (A.P.N. 921-300-006). Submitted Date 11/29/2005 Approved Date 4/4/2007 APN# PA06-0002 Roripaugh PA33A TTM No. 30767 964460010 CHERYL KITZEROW/MATT PETERS A Tentative Tract Map (No. 30767) to subdivide 11.8 gross acres into 18 lots (14 residential lots) located within Planning Area 33A in the Roripaugh Ranch Specific Plan. Submitted Date 1/4/2006 Approved Date 4/4/2007 . P A06-0206 Cabri/lo A venue APN# 922180009 DANA SCHUMA A Tentative Parcel Map with Final Map Waiver and Minor Exception to subdivide a 4.98 acre site into two parcels located at 30465 Cabrillo Avenue. (APN 922-180-009) Submitted Date 7/17/2006 Approved Date 4/5/2007 . PA07-0018 SA TURN OF TEMECULA APN# 921290011 KNUTE NOLAND A Master Temporary Use Permit (Auto Dealership) for Saturn of Temecula located at 27430 Ynez Road (APN: 921- 290-011). Submitted Date 1/18/2007 Approved Date 4/3/2007 . PA07-0029 OLD TOWN CORVETTE SHOW APN# 922073024 KNUTE NOLAND A Major Temporary Use Permit for the Old Town Corvette Show to be held on April 29, 2007 at 28721 Old Town Front Street (The Stampede) in Old Town Temecula (APN: 922-073-024). Submitted Date 1/29/2007 Approved Date 4/25/2007 . PA07-0031 DCH ACURA APN# 921720013 KNUTE NOLAND A Master Temporary Use Permit (Auto Dealership) for DCH Acura located at 26705 Ynez Road (APN: 921-720- 013). Submitted Date 1/29/2007 Approved Date 4/3/2007 . PA07-0032 DCH CHRYSLER JEEP DODGE APN# 921720001 KNUTE NOLAND 10f7 Planning Agenda Report 04-01-2007 through 04-30-2007 A Master Temporary Use Permit (Aulo Dealership) for DCH Chrysler Jeep Dodge located at 26845 Ynez Road (APN: 921-720-001). Submitted Date 1/29/2007 Approved Date 4/3/2007 . P A07 -0033 DCH HONDA APN # 921720012 KNUTE NOLAND A Master Temporary Use Permit (Auto Dealership) for DCH Honda located at 26755 Ynez Road (APN: 921-720- 012). Submitted Date 1/29/2007 Approved Date 4/3/2007 . PA07-0035 RANCHO FAM/TEM SPORTS CTR MOD APN# 921020050 BETSY LOWREY A Major Modification to renovate the exterior of a 97,737 square foot industrial building located at the northeast corner of Single Oak Drive and Business Park at 28780 Single Oak Drive zoned Light Industrial. This is a 360 degree exterior renovation to inciude adding cornices and window framing, creating variation in fiat wall planes with ornamental trim and faux columns and adding or replacing/enlarging existing entrance canopies with decorative arcades and stone veneer base pillars. Submitted Date 1/29/2007 Approved Date 4/4/2007 . PA07-0072 MULTIPLE SCLEROSIS WALK APN# 921020066 KNUTE NOLAND A Major Temporary Use Permit for a fundraising walk by the National Multiple Sclerosis Society at Temecuia City Hall and surrounding streets on April 21 ,2007 (APN: 921-020-066). Submitted Date 3/7/2007 Approved Date 4/17/2007 . P A07 -0088 BOB & GARY'S BERRIES APN# 921700016 KNUTE NOLAND A Major Temporary Use Permit for a seasonal strawberry stand located on open space at 42225 Margarita Road (Palomar Village) (APN: 921-700-016). Submitted Date 3/15/2007 Approved Date 4/5/2007 PA07-0101 CHOCTAW CONTRACTOR STORAGE YD APN# 922100006 KNUTE NOLAND A Major Temporary Use Permit for an equipment storage yard for a Rancho California Water District pipeline project. The yard is located south west of the corner of First Street and Old Town Front Street and will be operationai between April 2007 and August 2007 (APN: 922-100-006). Submitted Date 3/30/2007 Approved Date 4/16/2007 . PA05-0109 Mira Lorna Condos APN# 944060006 STUART FISK 20f7 Planning Agenda Report 04-01-2007 through 04-30-2007 A Tentative Tract Map for condominium purposes to subdivide 7.24 acres into three lots (one residential condominium lot, one recreation lot, and one open space lot) on property located at the northeast corner of Rancho Vista Road and Mira Lama Drive (APN # 944-060-006) Submitted Date 4/13/2005 Approved Date APN# . PA05-0234 MIRA LOMA PDO 944060006 STUART FISK A PLANNED DEVELOPMENT OVERLAY TO CHANGE THE ZONING OF A 7.24 ACRE SITE LOCATED AT 29601 MIRA LOMA ROAD FROM HIGH DENSITY RESIDENTIAL TO PDO-11 TO CHANGE THE DEVELOPMENT STANDARDS FOR THE SITE (APN # 944-060-006) Submitted Date 8/8/2005 Approved Date 3017 Planning Agenda Report 04-01-2007 through 04-30-2007 APN# . PA06-0026 T-Mobile Monopine 921310004 CHRISTINE DAMKO An application for a Development Plan and Conditional Use Permit to construct a 70 foot monopine within a 676 square foot enclosure to be located at Orchard Chirstlan Fellowship, 42101 Moraga Road. (APN# 921-310-004) Submitted Date DRC Meeting Date Planning Commision 1/25/2006 3/9/2006 6/6/2007 APN # . PA06-0187 James Webb Building 921260022 DANASCHUMA A Development Plan application to construct a 26,941 square-foot, four-story office building with underground parking lot on a 0.55 acre lot located at 27423 Ynez Road. The new building will replace an existing 6,500 square- foot building. (Related to case PA07-0049, a minor exception to increase the height) Submitted Date 6/26/2006 DRC Meeting Date 8/3/2006 Planning Commision 6/6/2007 APN# . PA06-0316 Springhill Suites 921060047 BETSY LOWREY A Development Plan for a 142 unit, 3 story hotel (Marriott Springhill Suites) located at 28220 Jefferson Avenue on approximately 3 acres, generally located on the east side of Jefferson approximately 1000 feet north of Rancho California Road (APN 921060047) (associated with Pre-App PR05-0007). Submitted Date 1 0/23/2006 DRC Meeting Date Planning Cornmision 5/16i2007 1 . PA07-0022 RTTC Pad K Major Mod APN# PM-26232-1 CHERYL KITZEROWIMATT PETERS A Major Modification for Pad K in the Rancho Temecula Town Center located at the northeast corner of Winchester and Nicolas Roads. Pad K was included in the master site plan approval for Rancho Temecula Town Center (PA02- 0364) as 3,500 SF with a drive through, with a COA for Planning Commission review of final building elevations. The proposed building is a 5,000 SF multi-tenant building with drive-through. Submitted Date 1/22/2007 DRC Meeting Date 3/1/2007 Planning Commlsion 5/16/2007 40f7 Planning Agenda Report 04-01-2007 through 04-30-2007 . PA07-0003 TEMECU~CEME~RYMODU~R UNIT APN# 944020004 KNUTE NOLAND A Major Temporary Use Permit to install a modular office structure at the Temecula Cemetary located at 41911 C Street (APN: 944-020-004) Submitted Date 1/5/2007 Anticipated DRC Meeting Date Administrators Hearing 3/12/2007 . PA07-0016 CARRIAGE MOTOR MASTER TUP APN# 921290010 ERIC JONES Master Temporary Use Permit for weekend activities to include two banners, two jolly jumps, and three canopies at Carriage Motor Company located on the east side of Ynez at 27420 Ynez. Submitted Date 1/17/2007 Anticipated DRC Meeting Date No Hearing Planned . PA07-0026 Paradise Chevrolet Master TUP APN# 921290009 ERIC JONES Master Temporary Use Permit for weekend activities to inciude four banners, three jolly jumps, one food cart, and six canopies at Paradise Chevrolet iocated on the east side of Ynez at 27360 Ynez. Submitted Date 1/25/2007 Anticipated DRC Meeting Date No Hearing Planned . PA07-0054 DCH TEMPORARY OFFICE TRAILERS APN # 921080014 ERIC JONES A Major Temproary Use Permit to allow two 720 sq. ft. trailers to house six DCH Dodge employees for four month8. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 2/15/2007 APN# . PA07-0082 Elks Lodge Minor CUP 921040006 ERIC JONES A Minor Conditional Use Permit to increase the occupancy load for the Temecula Valley Elks Lodge located at 28061 Diaz Road. The structure housing the lodge is one story and totals 30,000 sq. ft. Submitted Date 3/12/2007 Anticipated DRC Meeting Date No Hearing Planned APN # . PA07-0116 Country Garden license upgrade 922120008 ERIC JONES A Minor Conditionai Use Permit to upgrade the liquor license of the Country Garden Restaurant Bar and Grill located at 2900 Old Town Front Street #A from a 41 to a 47. In addition, the applicant would like to serve aicohol on an existing patio totaling 1,096 sq. ft. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 4/10/2007 . PA07-0120 BARONSMARKETP~CE APN# 954030001 BETSY LOWREY 50f7 Planning Agenda Report 04-01-2007 through 04-30-2007 A Minor Conditional Use permit to aiiow for Type 42 Alcohol for the operation for wine tasting room within Baron's Marketplace iocated within the Meadows Piaza (neighborhood commercial zone) at the Southeast Corner of Rancho California Road and Meadows Parkway. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 4/16/2007 APN# . PA07-0124 Ruby Tuesday's CUP 921810032 KATIE LECOMTE A Conditional Use Permit to authorize a fuii bar which includes the service of beer, wine and distilled spirits for Ruby Tuesday's Restaurant in the Creekside Cenlre Shopping Center located on the southeast corner of Overland Drive and Nicole Lane (APN: 921-810-025). Submitted Date 4/24/2007 Anticipated DRC Meeting Date No Hearing Planned APN# . PA07-0129 Temecula Valley Cheese Co MCUP 922035019 KATIE LECOMTE A Minor Conditional Use Permit to authorize Ternecula Valley Cheese Company to have wine tasting at their facility (Type-42 Iicesnse), and to allow the business to sell packaged beer and wine (Type-20 license) for consumption off the premises. A Finding of Public Convenince or Necessity is being concurrently processed as PA07-0130. Submitted Date 4/26/2007 Anticipated DRC Meeting Date No Hearing Planned APN # . PA07-0130 Temecula Valley Cheese Co PCN 922035019 KATIE LECOMTE A Finding of Public Convenience or Necessity to authorize the Temecula Vaiiey Chesse Company to have wine tasting on the premises (Type-42 on sale beer and wine), and to allow the business to sell packaged beer and wine for consumption off the premises (Type-20 off sale beer and wine). Submitted Date 4/26/2007 Anticipated DRC Meeting Date No Hearing Pianned . PA07-0132 HARVESTON VILLAGE APN# 916560006 CHRISTINE DAMKO A Deveiopment Plan application for the construction of a one-story 13,958 square foot commercial building located on the northwest corner of Landings Road and Village Road in the Harveston Specific Plan. Submitted Date 4/27/2007 Anticipated DRC Meeting Date 5/24/2007 No Hearing Planned . PA07.0135 RANCHO COMMUNITY CARNIVAL APN# 959070012 KNUTE NOLAND A Major Temporary Use Permit for a carnival at Rancho Community Church, 31300 Rancho Community Way, from June 7, 2007 to June 10, 2007 (APN: 959-060-009). Submitted Date 5/1/2007 Anticipated DRC Meeting Date Administrators Hearing 6/4/2007 . PA07.0139 Creek MinlMarl & Cafe ABC 20 APN# 961010034 ERIC JONES A Minor Conditional Use Permit for an ABC license type 20 for The Creek Minimart and Cafe. The business is localed at 31285 Highway 79 South and has a total of 706 square feet. 60f7 Planning Agenda Report 04-01-2007 through 04-30-2007 Submitted Date 5/4/2007 Anticipated DRe Meeting Date No Hearing Pianned . PA07-0145 Castillo APN# 957340047 DANA SCHUMA A Major Modification appiication to review the home product placement for six lots created by TTM 32004 within Planning Area 1A ofthe Roripaugh Ranch Specific Plan. Submitted Date 5/10/2007 Anticipated DRC Meeting Date No Hearing Planned APN# . 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New Submittals Pending ORe Meeting ITEM NO. 33 Approvals City Attorney Director of Finance City Manager V 11/2 (J(L, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: May 22,2007 SUBJECT: City Council Travel/Conference Report - April2007 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On April 4th Council Member Ron Roberts traveled to Los Angeles to attend the Southern California Association of Governments Administration, Regional Council, Special Joint Workshop of the Policy Committees & Regional Council, and Transportation & Communications Committee Meetings. On April 11 th Mayor Chuck Washington traveled to Monterey to attend the 14th Annual CALCOG Regional Issues Forum. All of his expenses were paid for by the Western Riverside Council of Governments. Attachments: Meeting Agendas SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street l:i!'.th Floor Los Angeles. California 90017-3435 t (213) 236.1800 ((213)236.1825 www.scag.ca.gov Offlcm;: f'tffidrrH:YflmM II, l/I!rl!~, lm Anq6ts(Wllly.lmlVirel'ftsid~ru:G.vyCMlt s.m8rol.mlll1<JCounty.~~Prffidmt Rid\!ItlODoo.l.W!~'~lt1'til l'rMIdmr:TMlYoonQ.I'onH_ llllperiaICoWlty:V'rCtt\f(Anill<l,Impt\i;l1 (oun/y.JonErll"dlY,BCtnlTll I.of,AIIgdes(oanr,:~/I..~.lol. ~(ounl)"~Yaroslrok1.lm~ COOl'lt)'. J1m Aldlflge;. Ma1Wmn &ldl-Il.my 8aklwm.SanG.1btifoJ.PalIllWMen.Cffll~~ T<ldd~.!lurlI.ri..TooyGt~lm MgM . SIan (.Jlloll, l,a 1IW~ Htishf$ . Maf1lilltl (~tk. RMme,ld . Gm~llM!!Is, fWall1Olllll.MIttDilpffi1A.f\Ilmd.Ik-J\Jlly Dun!.lp.lngltwood.~rUa~Id1.loI:Ig8um . OlYld Gafi~. DQwne~ . Eri(lilll(tl~, l~s Angt1ts.Wtndy~l.oJM9~lts.ffank ~M~ Cud.\lY;. JMk~ HaM, ~ Ao~l'S' 1wd~II<1l1.Complon.KtjtllW.Il.uob.A:II.:'IlI' kIk HWIl1.1.os Mgeles. 1'om Ll&n9f, 1.01 AngeIa.~L".qtl:.l'om~.P.1lllIicwID.l, lllwdlll1!-Fam()'(QoI\l:lt,Sanlat.\all,lQ.,!JfI MIIa,to\ Anqtlts. Btn1~nl P~,k1., lM AllgeltI:.Ia,'1PMy,I.l>\~_tdR~l(l'j Mgele$-Sill~llI,lJl'IMgellS.Grel!1 Smith,.I.os^lI9dC'i-rGll1S~W<llnlll-~ It<'l,SrMhP.naden.!I'llmIalletuUfanga.!MlJ !If.xh-M<<Inb~,l<JSA~('\:. lknnK W.lmwrn, Cabb.Mas. JW. ~ lr.s. ~ - Hnb.1 Wewm. 1l. lei Angel('$.' Ilronls~,t~~ OtMge<ocartJ;!tllhHOOq.OIaJlgelaim!y- Olrn1intl1amM.l.l-hlm..I.JOl\n~~ llre.l.loollont.f~tin.Art8fown.Biltl1.1P.m: . RIdI~f\1 0Iaw1. Ar..lbl'lm - ~ Cock.. &ntillGfooSe.K!l.lMO,1iqle,N~" fk,xh.I!ldwIlIDiIon.t.!hfCllbl:.fioIulGWh, "'~- RiwnldeCoUZFty.ldf~.lb'o'\'lSldt(W/lt}' . 'lltornin k<kky, lab< EbitlOle . &nllie Flidtngrl: Mcmio VallI')' - Rcu lov!'f!dge-, ~-~ftttil,Coldlffir&l(fl)'-1lon """","""'" :SIn 8enwdia1l Clnulty: IWy (Mil, San lltrn.ltdlM{arnty.LAwt6I(~!l.11f.,lWstllW' l'aul~lon.MOlltd.lit.l.ttAfl!l~G1/1l1d Jm~<<!-nm.l.lspd.~vfAppkW:r'Lmy !,\((aIIOll.Higt>l.md'~II~.~I~o .A!.mWil~Q;y..w. Ymtwa Cotlnry;JOOy Miktb. 'kotu'1 Cl,lunly .Gktl8<<rfu,~-Vo!llty.(,Irl~ SlJl~tura.1QnIYwng.PMHuI'll~ Ora. Count, Tl'lmporbUon Authority: !.euCOlTN.(OOIltyl.lf()mgt JllwnIdec-tyT~ Comnhsfon:RobinLwoor,1kw1 VentIIraCountyTrampottatlon (OIIllTlh:sSon:KeimMl1Jllmt,Moo1pm ",l~ MEETING OF THE PLEASE NOTE CHANGE IN TIME Thursday, April 5, 2007 9:00 8.m. - 9:30 8.m. SCAG Offices 818 West 7th Street, 12th Floor Conference Room San Bernardino Los Angeles, CA 90017 213.236.1800 If members of the public wish to attachments or have any questions on agenda items, please contact Carmen 213.236.1984 or summers@scao.ca.aov review the any of the Summers at Agendas and Minutes for the Administration Committee are also available at: www.scaa.ca.aov/committees/ac.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification 01 accommodation in order to participate in this meeting. II you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance 01 the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative lormat, please contact (213) 236-1868, #110623 v7 ~ Cover Page;...Administnttion Cummine ADMINISTRATION COMMITTEE AGENDA PAGE # TIME "Any item listed on the agenda (action or information) may be acted upon at the discretion of the Committee." 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE Hon. Toni Young, Chair 2.0 .PUBLIC COMMENT PERIOD Members of the public desiring to speak on an agenda item or items not on the agenda, but within the purview of the Committee, must fill out and present a speaker's card to the Assistant prior to speaking. A speaker's card must be turned in before the meeting is called to order. Comments will be limited to three minutes. The chair may limit the total time for all comments to twenty (20) minutes. 3.0 REVIEW and PRIORITIZE AGENDA ITEMS 4.0 CONSENT CALENDAR 4.1 Annroval Items 4.1.1 Minutes of March L 2007 Meetinll; 1 Attachment 4.1.2 Contracts over $250.000 Attachment 7 4.2 Receive & File 4.2.1 Purchase Orders and MODs between $5.000 - $250.000 Attachment 14 1 #1331257vl ADMIN AGENDA APRIL 2007 8:33:06 AM 3/26/2007 C.SUMMERS ADMINISTRATION COMMITTEE AGENDA PAGE # TIME 5.0 ACTION ITEM~ 5.1 Aooointment of Chair of the Administration Wayne 15 5 minutes Committee to serve as a Director of California Moore, CFO Joint Powers Insurance Authoritv (CJPIA) Attachment Recommended Action: Recommend that the Regional Council appoint the Chair of the Administration Committee as the Designated Representative to the Board of Directors of the CJPIA, and that the CFO serve as the Designated Alternate. 5.2 Aoolications for US DOT Urban Partnershin Wayne 17 5 minutes Arrreement, Value Pricing: Pilot Prorrranl & Moore, CFO Intellig:ent Tr3llSoortation Svstem Prorrram Attachment Recommended Action: Authorize SCAG to apply for, and if awarded, authorize the Executive Director or his designee to accept the United States Department of Transportation (USDOT) Urban Partnership Designation and Value Pricing Pilot Program and Intelligent Transportation System Progranls Grant Funds. 6.0 INFORMATION ITEM~ 6.1 CFO Monthlv Financial Reoort Wayne 20 10 minutes f(I1:1:" ~bruarv 2007 Moore, CFO Attachment 6.2 Uodate on Best Practices Richard 33 5 minates Attachment Howard, SCAG Staff #1331257vl ADMIN AGENDA APRIL 2007 11 8,33,06 AM 3/2612007 c.sUMMERS ADMINISTRATION COMMITTEE AGENDA PAGE # TiME 7.0 AUDIT COM1\'ull.....E REPORT HOD. Paul Nowatka, Chair 8.0 STAFF REPORT 9.0 ,FUTURE AGENDA ITEMS, Any Committee member or staff desiring to place items on a future agenda may make such a request. 10.0 ANNOUNCEMENTS 11.0 ADJOURNMENT Due to the 2007 General Assembly, the Administration Committee will not meet in May. The next meeting will be held on June 7, 2007 in conjunction with the Retreat in Lake Arrowhead, California. iii #1331257v1 ADMIN AGENDA APRIL 2007 833006 AM 3/2612007 C.sUMMERS SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles. California 90017-3435 t(213) 236-1800 f(213) 236-1825 www.5cag.ca.gov Offlctfs: Presld~nl: Yvonne B. BUlke, Los AngelesCounly.FirstVice Presid~ot:G(lI)'O~Itt. SanllcrnardlnoCounty. SecondVire President: Rldtard Dixon, lake forest. Immediate Past Plesldenl:TonIYoung,PortHueneme Imperial CounlJ: Vitlo! Carrillo, Imperial County. Jon Edney,B Centro los Angeles Count)': Yvenne B. Burte, Los AngelesCounty-revYam~a~,losAngeles County-JfmAldlnger,ManhallanBeilch_Hany ~ldwln.SanGabriel'PauIBowlen,Cerrilo\- Todd Campbell,Burbilnk.TonyCardenas, Los Angeles. Stan Carroll,la Habra Heighls. j MargarelClark, Bosemead -Gene Daniels, Paramol/llt. Mike Dlspenla, Palmdale-Judy Dunlaj),lnglewood.RaeGabelidl,LongBeath . David Gafin, Downey, Eric (iartetti, Los Angeles.WelldyGreuel,Los Angeles. Frank Gurul~, Cudahy. Janice Hahn, Los Angeles. IsadoreHall,Compton.KeithW.Hankl,~usa' Jose Hulzar,tosAngeles-Tom I.aBonge, Los Angeles.PauJaLantz,Pomona.PauINowatka, Torrance. Pam O'Connor, Sanla Monica. Alex Padilla, Los Angeles. Bernard Parkl, Los Angeles-Jan Perry,LosAngeles.Ed Reyes,los Angeles. Bill Rosendalll. Los Angeles. Greig Smitll, WI Allgeles. Tom Sykes, Walnut. Mike Ten,SoutllPa5adena.TonlaReyesUranga,Long 8each.AntonioVillaralgOla,losAngeles. DennisWashbum,Calabas;u.JackWeill,los Angeles. lIerb J. Wesson, Jr., losAngeles- Dennis Zine. LosAngeles Orange Countr. Cliris Norby,Ol'ilnge County. Christine Bames, La Palma-lohn Beauman, 8rea.touBone,T1I51In.ArtBrown,BuenaPark - Richard Chavez. Anaheim. Debbie Cook, HunlinglonBeadl.LeslieDaigle,Newpolt Beath-RidlardDixon,LakeForest.PauIGIa<lb. laguna Niguel Rivenidl!ColUlty:JeffStone,Ril'ffildeCounty . Thomas Buckley, lake E1s1nole. Bonnie flickinger, MOleno Valley. Ron Loveridge, RiveJslde. Greg Pettis. Cathedl'illGty. Ron Robens,Temecula San Bl!mardlno County: Gary Ovitt. San Bemardioo County. l.awrenre Dale,8amow- Paul Eaton, Montdail. lee Ann Garria, Gland Ternre.nmJasper,Town~fAppleValley'Larry McC.1l1on,HigbJand.OeborahRobertson,Rlalto -A1anWapner,Dntario YenturaCounty:JudyMikels,VenturaCounty . Glen Becerra, Simi Valley. (arl Morehouse, SanBuooaventtll'il-TonIYoung.PonHueneme Orange County Transportation Autl1ority: lou (orrea, Countyof Orange Rlwrside:CountyTransportiltlon Commi$Sion: Robin Lowe,lIemet YenturaCollntyTransportatlon Comml$Sion: Keith Milihoule, Moorpark 11.IlO6 SPECIAL JOINT WORKSHOP OF THE POLICY COMMITTEES & REGIONAL COUNCIL Air Qualitv Manaaement Plans Thursday, April 5, 2007 9:30 a.m. - 11 :00 a.m. SCAG Offices 818 West 7th Street, 12th Floor Conference Room San Bernardino Los Angeles, CA 90017 213.236.1800 The revised meetina schedule is as follows: Executive Committee Administration Committee Joint Workshop CEHD, EEC, & TCC Regional Council 8:00 a.m. - 9 a.m. 9:00 a.m. - 9:30 a.m. 9:30 a.m. - 11 :00 a.m. 11 :00 a.m. -12 noon 12:15 p.m. -1:30 p.m. If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at 213.236.1993 or salcido@scaa.ca.aov SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. ~ I , JOINT WORKSHOP OF THE POLICY COMMITTEES & REGIONAL COUNCIL AIR QUALITY MANAGEMENT PLANS ) AGENDA PAGE # TIME "Any item listed on the agenda (action or information) may be acted upon at the discretion of the committee" 1.0 ~ TO O@ER& PLEDGE OF ALLEGIANCE Hon. Yvonne Burke, President 2.0 DISCUSSION/ACTION ITEMS, 2.1 Discuss Air Oualitv Management Various Plans 90 minutes Following a staff overview of SCAG's role in meeting the air quality planning requirements in the SCAG region, representative from the local air districts will give presentations on their respective Air Quality Management Plans. A question and answer period will follow the presentations. 3.0 ADJOURNMENT #133783 vi - Agendajoint Workshop of the Policy Committees & RC April 2007 L.TayJor Last printed March 28, 2007 12:37:00 PM SOUTHERN CALIFORNIA " ~~ ~~ ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor los Angeles, California 90017-3435 t (21:3)236-1800 f (213) 236-1825 . www.scag.ca.gov OfftCtrs: Presldenl: Yvonne 8. Burke, Los AngelesCounly.ArslVictPrtsidenl:GaryOvltl, SanBemardlnoCounly-SecondVicePresident: Richard Dixon, lake FCHest.lmmedialel'au PresidentTonlYoung, Port Hueneme Imperial County: Victor Carrillo, Imperial Ccunty.Jon Edney,El Cenll'O losAngeles Count)': Yvonne B. Burke,los Angeles County-Zev Yilroslavsky,los Angeles County-JimAldinger,Manhattan8each.Hany Baldwin, San Gabriel.PauIBowlen,Ceuitos. ToddCampbeU,Burbank.TonyCardenas,los Angeles. Sian Carroll,la Habra Heights. Margaret Clark, Rosemead. Gene Daniels, Pafilmount.Mlke J)15penza, Palmdille. Judy Dunlap,lnglewood.RaeGabellch,Longlll'ach . David Gafin, Downey. Eric Gellcelli, Lo~ Angeles.WendyGreuel,LosAngeles.Frank Gurule, Cudahy. Janice Hahn, Los Angele~ - lsadDleHalt,CDmptoll.KeithW.Hanks,Azusa. Jos~ Huizar, to~ Angell',' Tom La80nge, LQ5 Angeles_Paula lantz, Pomona.Paul Nowatka, Torrance-Pam O'Connor, Sania Monica. All'll Padilla, tos Angeles. Bernard Packs, Los Angeles.JanPerry,tosAngeles.Ed Reyes,los Angeles. Bill Rosendahl,LosAngeles.Grelg Smltll,LosAngeles.TomSylces,Walnu!.Mike Ten,SourllPasadena.ToniaReyesUfilnga,long Beadl.AntonioVi!laraigosa,losAngeles. DennlsWaShburn,Carabasas.JackWeiss,los Angeles. Herb J.Wesson, Jr., Los Angeles. OennisZine,LosAngeles Orange Count)': Chrl5 Norby,Orange(ounly' Clnmine B.:Irnes,la Palma. John Beauman, lIfea.louBone,Tuslin-ArtBrown,BuenaParll . Rkbard Chavez. Anaheim. Debbie Cook, Huntington Bead! . Leslie Daigle, Newport Be.Kh.RidJard Diltln, lakeForest. Paul Glaab, lagunatflQuel R1vers{d'e(ount)':JeffSlone,Rll'l'rSlde(ounty . Thomas Budde)', lake Elsinore. Bonnie Flickinger, MoreMValley. Ron Loveridge, Rivet5idl'.GregPenis,CatlledIilICity.Ron Raberts,Temecula 5an hmardlno County: Gary DYitf,San BemardiM County . Lawrence Oal~, Barstow . Paul falon, Monldalr. Lee Ann Garcia, Grand Terrace. nmJasper, Town of Appl~ Valley -larry M<CaUon,Hlgbland.DeborabRobertSOR,Riallo .AlanWapner,Oniario Ventura County:Judy Mikels,Ventura CDunty . Glen Becerra,Sfml Valley. (all Morellouse, San8uenavenlufil.TonIYoung.Porlllul!IIeme Orange CounlJ Tf3llSportatIon Autbodty: lou Correa, (ountyof Orange RlvenldeCountyTransportarlon Commlmon:Roblntowe,lIemet Ventura CountyTransportatfon Commllislon: Kellh Millhouse, Moorpark 11.14.llli . Doc # 124959 v4 - Tee jcIL MEETING OF THE TRANSPORTATION AND COMMUNICATIONS COMMITTEE NOTE CHANGE IN MEETING TIME Thursday, April 5, 2007 11 :00 a.m. - 12:00 p.m. SCAG Offices 818 West 7th Street, 12th Floor Conference Room - San Bernardino Los Angeles, CA 90017 213.236.1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Cathy Alvarado at 213.236.1896 or alvarado@scaa.ca.aov Agendas and Minutes for the Transportation and Communications Committee are also available at: www.scaa.ca.aov/committees/tcc.htm SeAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SeAG at (213) 236-1868 at least 72 hours In advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document In an alternative format, please contact (213) 236-1868. RECEIVED MAR 28 2007 CITY MANAGER'S OFFICE TRANSPORTATION COMMUNICATIONS & COMMITTEE AGENDA PAGE # TIME '~ny item listed on the agenda (action or information) may be acted upon at the discretion of the CommiUee". 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE Hon. Harry Baldwin, Chair 2.0 PUBLIC COMMENT PERIOD Members of the public desiring to speak on an agenda item or items not on the agenda, but within the purview of this committee, must fill out a speaker's card prior to speaking and submit it to the Staff Assistant. A speaker's card must be turned in before the meeting is called to order. Comments will be limited to three minutes. The Chair may limit the total time for comments to twenty (20) minutes. 3.0 REVIEW and PRIORITIZE AGENDA ITEMS 4.0 CONSENT CALENDAR 4.1 Annroval Items . 4.1.1 Minutes of March L 2007 Meetinv, Attachment 1 4.2 Receive and File 4.2.1 2007 State and Federal 1..ecislation Matrix Attachment 9 Summary of State and Federal legislation relevant to SCAG operations, including transportation, housing, goods movement, enviromnent, and related issues. 4.2.2 State Infrastructure Bonds hnnlementation Hearinl!:s 38 Attachment Report of SCAG's recent testimony to State Senate committees regarding the implementation of the infrastructure bonds for housing, transportation and water. ~ SOUTHERN CALIFORNIA ~ ~ ASSOCIATION of GOVERNMENTS i 00C#132855 TCC/4I07 3/23/20072:17:04 PM TRANSPORTATION COMMUNICATIONS & COMMITTEE AGENDA PAGE # TIME 5.0 ACTION ITEMS 5.1 Administrative Amendment to the 2006 Relriou~l Transuortation Imnrovement Prol!f3lU (RTIP) ner SAFETEA-LU Attachment Rosemary Ayala, 39 SCAG Staff Staffwill provide an update on comments received for the Administrative Amendment to the 2006 RTIP and request <'1'1"" lal. Recommended Action: Recommend the Regional Council adopt Resolution 007-486-1 <'1'1'." ling the proposed Administrative Amendment to the 2006 RTIP. 5.2 Pronosed Amendment to the 2004 Relrional Transnortation Plan (RTP). Attachment Naresh Amatya, SCAG Staff 78 Staffwill present the proposed Amendment to the 2004 RTP, primarily, to ensure consistency between the CTC adopted Corridor Mobility Improvement Account program and SCAG's current RTP. Recommended Action: Request Executive Committee to authorize release of the Plan Amendment in May for 30-day Public Review and adopt it in June 2007. ~ SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS ii 10 minates 10 minutes 000#132855 TCCl4lO1 3/23120072:11:04 PM TRANSPORTATION COMMUNICATIONS AGENDA 5.0 ACTION ITEMS continaed 5.3 Hi!!hlrrove Metrolink Station Feasibilitv Attachment SCAG is initiating a feasibility analysis of a Metrolink Station in Highgrove as it relates to SCAG's Regional Transportation Plan and Growth Forecast. Recommend Action: Authorize staff to conduct an analysis of Metrolink Station in the Highgrove area, which will take into account previously conducted research by the RCTC. 6.0 AVIATION TASK FORCE REPORT 7.0 GOODS MOVEMENT TASK FORCE REPORT 8.0 MAGLEV TASK FORCE REPORT 9.0 INFORMATION ITEMS 9.1 Status ofLACMTA's /'Metro) 2006 Lon!! Ran!!e Transnortation Plan Attachment An update will be provided on the status of Metro's 2006 Long Range Transportation Plan. 9.2 State Goods Movement Action Plan Attachment ~ The State Goods Movement Action Plan is designed to provide analysis, strategic thinking, and recommendations to address California's current and projected goods movement needs. SOUTHI'RN CALIFORNIA ASSOCIATION of GOVERNMENTS iii & COMMITTEE PAGE # TIME Rich Macias, SCAG Staff 80 5 minates Hon. Alan Wapner, Chair Hon. Art Brown, Chair Hon. Lou Bone, Chair Brad McAllester, 81 LACMTA 10 minutes Richard Nordahl, 82 Caltrans 20 minutes 000#132855 TCC/4I07 3123120072:17:04 PM TRANSPORTATION COMMUNICATIONS & COMMITTEE AGENDA PAGE # TIME 10.0 CHAIR'S REPORT Hon. Harry Baldwin 11.0 STAFF REPORT 12.0 .FUTURE AGENDA ITEMS Any Connnittee member or staff desiring to place items on a future agenda may make such request. 13.0 ANNOUNCEMENTS 14.0 ADJOURNMENT Due to the 2007 General Assembly, the TCC will not meet in May. The next meeting will be held June 7, 2007 in conjunction with the Retreat in Lake Arrowhead, California. ~ SOUTHERN CALIFORNIA ~ ~ ASSOCIATION of GOVERNMENTS iv Doc#132855 TCC/4I07 3123/20072:17:04 PM SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 f(213) 236-1825 www.scag_ca.gov Offlttrs: President: Yvonne B. Burke, Los AngelesCountyoflrstVicePresldentGaryOviu, San8emardinoCount~oSecondVicePresident: RlcllardDixon, lake forest-Immediate Past PresldentTonlYoung,I'ortHueneme Imperial County:ViClOf Carrillo, Imperial CountyoJonEdney,E1Centm lo5 Angeles County: Yvonne B. Burke, Los AngelesCounty-ZevYaro;lmky,losAngeles County.JlmAldinger,ManhattanBeadl_Hany Baldwln.SanGabriel.PauIBowlen..Cerrilolo ToddCampbell,Burb.J.nk-TonyCardenal,Los Angeles-Stan Carrolt,La Habra HeIghts 0 Margaret Clark, RGlemead 0 Gene Daniels, Pa/amount. Mike DIspenza, Palmdale 0 Judy Dunlap,lnglewoodoRaeGabellch,LongBeadJ -DavidGafin,DowneyoEricGarcetti,Los AngelesoWendyGreuel,LosAngeles_Frank Gurul~, Cudahy 0 JanICE Kahn, Los Angeles- Isadore HaU,Comptono KelthW. Hanks,Azusa_ Jos~ HuiZar, Los Angeles 0 Tom LaBonge, Los AngelesoPaulaLantz,PomonaoPauINowalka, Torrance-Pam O'Connor, Santa MonIca 0 Alex Padilla, Los Angeles - Bernard Park5, Los AngelesoIanPerry,LoIAngeles.EdReyes,Lol Angeles _ Bill R05endah~ Los Angeles _ Greig Smlm,losAngelesoTomSykes,Walnut.Mike Ten,SouthPasadenaoToniaReyesUranga,Long 8e.1choAntonloVillaralgosa,LosAngeleso Denni5Washbum,CillabasasoIackWeb~LoI Angeles-HerbJ.Wesson,Jr., LosAngetes- DennisZine,losAnge/es OrangeCounty: Chris Horby,Orange Count~ 0 Christine Barnes, laPalma _John Beauman, 8rea-louBone,Tu511n-Art Brown, Buena Park - Richard (havez, Anaheim _ Debbie Cook, Huntington Beach - Leslie Daigle, Newport Beach_Rkf1ard Dixon,lakeforesto Paul Glaab, laguna Niguel RiYmldeCounty:JeffStone,RiversideConnty -Thomas Budley, lake Elsinore _ Bonnie flickinger, MorellO Valley 0 Ron Loveridge, Riverside. Greg Pettis, (amedral Otyo Ron Roberts,Temecula San Bernardino County: Gar~ Ovitt. San BemardlnoCounty-lawrenceDale,Barstow. Paul Eaton, Montdalr-Lee Ann Garda, Grand TerraceoTimlasper,TownofAppleVal!ey.lany McCaUon,Hlghland-[){:borahRobemon,Rialto -AlanWajlner,Ontarlo Ventura County:JlKly Mlkels,Ventura Connty - Glen Becerra,Slmi Valley 0 Carl Morehouse, SanBuenaventura-TonIYuung.PortHueneme Orange County Transportation Authority: Lou Correa, Cotrntyof Orange RlversideCountyTranspartiltlon Commlssion:RoblnloVK',Hemet Ventura County Transportation CommissIon: Keith Millhouse. Moorpark 11.14.06 #131425 vI - Cover Page_Regional Council No. 484 MEETING OF THE NOTE CHANGE IN MEETING TIME Thursday, April 5, 2007 12:15 p.m. -1 :30 p.m. SCAG Offices 818 West 7th Street, 12th Floor Conference Room San Bernardino Los Angeles, CA 90017 213.236.1800 If members attachments the public wish to have any questions on agenda items, please contact Shelia 213.236.1868 or stewart@scao.ca.oov of or review any of Stewart the the at Agendas and Minutes for the Regional Council are also available at: www.scao.ca.oov/committees/rc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting, If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. REGIONAL COUNCIL AGENDA PAGE # TiME "Any item listed on the agenda (action or information) may be acted upon at the discretion of the committee" 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE Hon. Yvonne Burke, President 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fdl out and present a speaker's card to the Executive Assistant prior to speaking. A speaker's card must be turned in before the meeting is called to order. Comments will be limited to three minates. The President may limit the total time for all comments to twenty minntes. 3.0 ,CONSENT CALENDAR 3.1 Aooroval Items 3.1.1 Minutes of March 1. 2007 Meetinv. Attachment 1 3.1.2 Contracts over $250.000 Attachment 8 3.1.3 Letter ofSunoort for SCR 16 Garv MooI\ Memorial Hiv.hwav Desil!lllltion Attachment 15 3.1.4 Final Deadline to accent Delel!:ation Al!feement: Rellional Housine Needs Assessment Attachment 20 3.2 ~eceive & File 3.2.1 Contracts/Purchase Orders and MODs between $5,000 - $250.000 Attachment 21 3.2.2 CFO Monthlv Financial Renort for Februarv 2007 Attachment 22 3.2.3 2007 State and Federal Leeislation Matrix Attachment 35 3.2.4 SCAG's Sacramento Lev.islative Dav Overview Attachment 64 ~ SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS i #133131 vi - RC AGENDA APRIL 077 3/28/2007 9:26 AM REGIONAL COUNCIL AGENDA 4.0 PRESIDENT'S REPORT 4,1 Committee Annointment. 4.2 Reoort on Consensus Trio Attachment 5.0 EXECUTIVE DIRECTOR'S REPORT 5.1 Renort from the Executive Director 5.2 Discussion of Transnortation Funding from America 2050 ASHTO Attachment 5.3 Reoort on March 9. 2007 Economic Conference Attachment 6.0 NOMINATING COMMITTEE REPORT 6.1 Nomination of President. 1 st and 2nd Vice Presidents Recommended Action: Approve candidates nominated by the Nominating COllilllittee as follows; Gary Ovitt as President; Richard Dixon as l5t Vice President; and Harry Baldwin as 2nd Vice President. Election to occur at the May meeting. 7.0 ACTION ITEMS 7.1 Administration Committee Renort 7.1.1 Annlications for US DOT Urban Partnershin Aereement. Value PriCilll!, Pilot Proeram Intelligent Transnortation Svstem Proeram Attl\chment Recommended Action: Authorize to apply and accept if awarded. ~ SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS ii John Husing V.P. Economic & Politics Hon. Yvonne Burke, Chair Hon. Toni Young, Chair PAGE # TIME 65 73 86 87 #133131 vl-RCAGENDAAPRIL077 3/28/2007 9:26 AM REGIONAL COUNCIL AGENDA Administration Committee Reoort - Cont'd 7.1.2 Annointment of Chair of Administration Committee to serve as Director of California Joint Powers Insurance Authoritv (CJPIA) Attachment Recommended Action: Appoint Chair to CJPIA's Board of Directors and appoint CFO as the Designated Alternate. 7.2 Enerl!V & Environment Committee ffiEC) Reoort Hon. Dennis Washburn, Chair 7.3 TransDortation & Communications Committee (TCC) Reoort Hon. Harry Baldwin, Chair 7.3.1 Formation, Membershin and Functions of Southwest Alliance Attachment Recommended Action: Approve name, stmcture, action plan and funding for the Southwest Alliance. 7.3.2 Administrative Anlendment to the ~006 RTIP ner SAFETEA-LU Attachment Staff will present the proposed Administrative Anlendment which Addresses the programs compliance with SAFETEA-LU Recommended Action: Approve ~ SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS iii PAGE # TIME 90 91 95 #133131 vl-Re AGENDA APRIL 077 3/28/2007 9:26 AM REGIONAL COUNCIL AGENDA PAGE # TiME 7.4 Community. Economic & Human DeveloDment Committee (CEHD~ ReDort Hon. Jon Edney Chair 7.4.1 SB 12 Regional Housing Needs Assessment (RHNA) Pilot Pro2:fam Status Reoort Attachment 139 Recommended Action: Approve the report for submittal to the State Legislature. 7.5 Communications & MembershiD Subcommittee ReDort Hon. Glen Becerra, Chair 7.5.1 Undate on the 2007 General Assemblv 7.5.2 Un date on Leadershin Academv 8.0 FUTURE AGENDA ITEMS Any committee member desiring to place items on a future agenda may make such request. 9.0 ANNOUNCEMENTS 10.0 ADJOURNMENT The next meeting of the Regional Council is scheduled for May 3, 2007 at the Biltmore Hotel downtown Los Angeles. ~ SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS iv #133131 vl- RC AGENDA APRIL 077 3/28/2007 9:26 AM 14th ANNUAL CALCOG REGIONAL ISSUES FORUM Thursday, April 12th& Friday, April 13th , Monterey Plaza Hotel Phone: 831/()4611100 Fax: 831/656-0285 C:\Documents and Settings\maxson\Local Settings\Temporary Internet FileslContent.lE516A 75Q9CPI070412_agenda[ 1 I.doc Wednesdav. Aoril11lh 7:00 PM Thursdav...AQril12lh Dolphins Ballroom 7:30 AM - 9:00 AM 9:00,AM -9:15 AM. 9:15 AM -'10:30 PM 10:45 AM -12:30 PM FINAL PROGRAM Informal Welcome Dinner Massaro & Santos at the Pier (Optional D/nner - This /snot /ncluded in conference registration, Qut is /nc/udl!d on the registration form as a separate Item. An additiomil payml!nt of $50 is required) Registration and Breakfast Welcoming Remarks: . Ron. Morrison, CALCOG President, Councilmember of N<itlonal Qity Host Agency Association of Monterey Bay Area Gov~rnri1ents (AMBAG) Stephany Aguilar, Councilmember, City of Scotts Vall~y Federal Transportation Policy & Financing What might come from the National Transportation Financing Commission? How might Federal policy tie impacted by having a SpElllker and Senate policy chair frQm Califomia? Steve H~l1linger, EXecl,lUVEi Director, Metropolitan TtansportationComrr'ifsslon (MTC) & California's representative on the Federal Transportation Financing Commission (FTFC) State Transportation Financing - Long Term Needs How long will the boost from Proposition 1 A (Prop 42 Protection) and 1 B ($20 billion transportation bond) carry us? How big are the maintenance, operations, and rehabilitation needs for transit, highways, street and roads? C:\Documents and Settings\maxson\Local Settings\Temporary Internet FileslContent.1 E5\6A75Q9CPI070412_agenda[1].doc 12:30 PM -1 :30 PM Lower Terrace 1 :30 PM - 3:30 PM How and when will we address it.? Panel: Gregg Albright, Caltrans Deputy Director Julia Bueren, Deputy Public Works Director, Contra Costa (invited) Ben Tripousis, Transportation Systems Manager, Sari Francisco Bay Area Josh Shaw, Executive Director, California Transit Association Lunch Propositions 1-B, 1 - C,and 84 and Regional Blueprints . . Progress on transportation bond measure implementation and potential opportunities for funds from Housing and Park bond measures to .support . Regional Blueprints Development of comparative performance measures and results. Mapping of habitant farmlands and other important resources. Energy, water, global warming and other environmental issues. Implementation of Proposition 1-B and CTC Perspective on Regional Blueprints. Discussion of current effortsuriderway at the State level regarding how regional planning efforts in RTPs would address greenhouse gas emissions. Speaker: John Barna, Executive Director, California Transportation Commission Status of Regional Blueprints: Brief reports from Board Members of Regions preparing Regional Blueprints - moderated by Rusty SeIiX, Executive Director, CALCOG Panel: Ron Morrison, CALCOG President, Councilmember of National City C:\Documents and Settings\maxson\Local Settings\Temporary Internet File.IConlen!.1 E516A7SQ9CPI070412-"genda[1 I.doc 3:45 PM - 5:00 PM 5:30 PM -1:00 PM Fridav, AQ,ril13lh DOlphins Ballroom 7:30 AM - 9:00 AM 9:00 AM -10:45 AM . Dave Flory, SACOG Board Member, Mayor of Woodland (invited) Trinidad Rodriquez, Fresno COG Board Chairman, Mayor of Fresno (invited) Perspectives of other Agencies and Interests on Regional Blueprints and Props 1-C and 84: Tom Adams, Board Preside"nt, California League of Conservation Voters (invited) Richard Lyon, Senior Legislative Advocate, California Building Industry Association Regional Water Planning How do we coordinate required state and local planning for water quality and water supply with regional transportation, housing and air quality planning? How do water issues impact regional blueprints? How should regional blueprints guide regional and state water planning? Presenters to be followed by general discussion: Mark Pisano, Executive Director, Southern California Association of Governments (SCAG) Gary Gallegos, Executive Director, San Diego Association of Governments (SANDAG) Gala Reception Overlooking Monterey Bay on Lower Terrace (Dolphins Ballroom for back up) Breakfast Partnerships Lynn Jacobs, Director, Department of Housing and Community Development Relationships and key policy issues for coordinated strategies between CALCOa and key government partners in housing and transportation: C:\Documents and Settings\maxson\Local Settings\Tempor~ry Internet FilesIContent.IE516A7SQ9CPI070412_agenda[11.doc . 10:45 AM -12: 00 PM 12:00 PM -1 :00 PM Monterey Bay Jim Bourgart, Deputy Secretary for Transportation & Infrastructure, Business Transportation and Housing Agency Steve Luxenberg, Planning Team Leader, Federal Highways Gregg Albright, Caltrans Deputy Director Andrew Chesley, Executive Director, San Joaquin Council of Governments (SJCOG) CALCOG Business Meeting ~ Adoption of positions on key legislation ~ Election of CALCOG officers ~. Adoption of CALCOG budge.t for 2007 - 08 Lunch . C:\Documents and Settings\maxson\Local Settings\Temporaiy Internet FileslContent.IE5\6A75Q9CPI070412_agendaI1 l.doc I~-- . , II ITEM NO. 34 II , II - . I . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ /J/2 (J(G CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mark Harold, Director of Building and Safety DATE: May 22,2007 SUBJECT: Departmental Report - April200 7 The month of April2007 showed a gain of construction activity as compared to previous months. The following is an overview of permit and inspection activity for April SinQle Familv Development - Tracts In April the City issued 48 new single family tract home permits. The homes are primarily in Wolf Creek which has193 homes under construction. Harveston also has 126 homes under construction at this time. There are a total of 376 single family homes under construction throughout the City at the current time. Custom Sinqle Familv Homes As of April we have 12 custom homes under construction. Multi-Familv Development In Aprilthere were a total of 57 apartments with 8 in Temecula Creek Village and 49 condominiums under construction in the Harveston Savannah Development. Commercial Development There were 2 new commercial permits issued in April Plan check activity included a submittal for the Palomar Heritage Building located at 41955 5th Street for 22,572 square feet and First Bank located at 30715 Highway 79 South. Total Permit and Inspection Activitv During the month of April inspection staff performed 4,236 inspections and 248 permits were issued representing a construction valuation of $47,325,602.36. The total building permit and plan check fees collected in the month of Aprilwere $153,686.42. ITEM NO. 35 Approvals City Attorney Director of Finance City Manager 1#.('" /JJ2 (J(G CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: May 22,2007 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of April 2007 . CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report April I May 2007 Prepared By: Amer Attar Submitted by: William G. Hughes Date: May 22, 2007 PROJECTS UNDER CONSTRUCTION 1. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. The majority of work was completed by April of 2006. Roripaugh Developer (Ashby) schedule shows access and utilities to the site in August 2007. Because of this there was cost to re-mobilize and complete the project when the aforementioned items are complete, these costs are reflected in an approved change order total, which is the responsibility of the developer. In addition, a fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor is re-mobilized; this cost is also included in the approved change order total. 2. Patricia H. Birdsall Sports Park A new 40+ Acres sports complex has been built at the corner of Pechanga Parkway and Deer Hollow Way. Bids were opened on 9/16/04, with Douglas E. Barnhart, Inc. submitting the low bid of $13,365,055.51. The grand opening for the sports park was held on 12/2/06; the project is substantially complete. There is a single item of work left on the punchlist. Work on the kitchen improvements was completed and the park Concessions opened for business on March 17,2007. City Council acceptance of the project is anticipated this month. 3. Temecula Library A full service library, approximately 34,000 square feet in area, has been built on Pauba Road, just west of Fire Station #84. The City was successful in obtaining State grant to aid in funding the library. The Library grand opening was held on December 14, 2006. The Library punch list was signed off on 5/10/07. The final Change Order was received from EDGE on 5/9/07 and returned to them for processing on 5/10/07.We are waiting for a Maintenance Bond and Contractors Affidavit before the project is presented to the City Council for acceptance. 4. Temecula Education Center- Rough Grading This project will provide for the grading of the proposed Temecula Education Center. Project was awarded on 4/11/06. Construction started on 5/1/06. CCO#1to relocate/modify all impacted utilities along Diaz Road adjacent to the project was approved by the RDA Board on 10/10/06 and Diaz Road was brought up to grade. All work was completed on March 28, 2007. Other ongoing work under this contract involves EMWD work outside of the project limit. The work is anticipated to be complete in June of 2007. 5. State Route 79 South Medians Under this project raised medians have been constructed on Route 79 South within the T emecula City limits. Most of the work on this project is complete. The Contractor only has punchlist items and the four monument walls to complete. The monument walls should be completed by the end of May. 6. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 2 This project will construct the second phase of the City's Field Operation Center, which includes the building and the corporate yard. The project was awarded on July 25, 2006, a preconstruction meeting was held on 8-10-06 and the Notice to Proceed was issued effective 8-11-06. Electrical, plumbing, HVAC rough in are ongoing and drywall and stucco installation has begun. 7. Fire Station - Wolf Creek Site A new 3-bay heavy urban fire station will be built at the SE corner of Wolf Valley Rd & Wolf Creek Dr South. A $3,591 ,000 construction contract was awarded to RC Construction on 7/25/06. A Notice to Proceed for this 260 workday contract was issued on 8/15/06. Current items of work that are progressing include: interior electrical & plumbing finishes, bollards, onsite lights, landscaping & planting, front entrance pilaster work, painting interior of station, etc. CMU perimeter wall will be re- stuccoed to match WC Development wall theme. Work is progressing ahead of schedule. Contractor submitted Pay Application #8. Currently, there is 1 approved change order. The contractor expects to perform the final walk-thru at the end of May/early June. 8. Diaz Road Realignment to Vincent Moraga Under this project, Diaz Road will be realigned starting just south of Rancho Way to Vincent Moraga Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. The traffic signal at existing Diaz Road and Rancho California Road will be removed. The Notice to Proceed was issued and construction began on 3/26/07. The first phase of construction, widening existing Diaz Road to the east, experienced an approx. 3-week delay due to conflict with EMWD facilities. That conflict has been resolved, and work on Phase II, completing construction of the new Diaz alignment, will begin the week of 5/14. Closure of Business Park Dr at Rancho California Rd, for approximately 7 weeks, is anticipated later this month. 9. Old Town Infrastructure Projects - Site Demolition and Site Preparation This project involves demolishing the existing non-historic structures on the City owned parcels at the intersection Main and Mercedes to make way for the Main Street Realignment and the Old Town Parking Structure. The two buildings involved in this phase are the McLaughlin Building and the Pantry. The McLaughlin Building and the old pantry building have been demolished. Haz Mat Trans is currently demoing the concrete and asphalt and intend to finish the project by 5/18/07. This is the' scheduled completion date. 10. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside) This project will construct an additional eastbound lane to provide for a right turn lane to southbound 1-15, as well as modify the existing median to accommodate dual left turn lanes from westbound Rancho California Road to southbound Old Town Front Street. Caltrans has issued the encroachment permit for the portion of the work within the State right-of-way. City Council awarded the construction contract on 02/27/07. The Notice to Proceed was issued and construction is scheduled to start on 04/16/07. The first phase of work, which includes the construction of the Cast In Place retaining wall, is on-going and will be continuing for 3-4 weeks. 2 11. Bridge Fencing Enhancement This portion of the project will provide Architectural Enhancements to the recently constructed fencing at the Overland Drive and Rancho California Road bridges over Interstate 15. Caltrans has issued an Encroachment Permit for the construction and maintenance of the project. A cost proposal for construction has been received and the project was awarded on 05/08/07. PROJECTS BEING ADVERTISED FOR BIDS 1. Murrieta Creek Multi Purpose Trail This project will build equestrian and bike trails along Murrieta Creek between Rancho California Road and Diaz Road. The project is funded in part by a $1,214,000 federal grant. All necessary approvals to advertise the project have been obtained and Council has authorized the solicitation of construction bids. The City sent the Encroachment Permit Application to the Riverside County Flood Control District on Dec. 13, 2006. The issuance of the permit is still pending. The project was advertised for construction bids and construction bids opening has been delayed until 07/11/07 in order to incorporate the changes dictated by the US Army Corps of Engineers' Murrieta Creek project. PROJECTS IN DESIGN 1. Pechanga Parkway 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 Environmental Document (Categorical Exclusion) was approved by FHWA on April 19, 2007. The PS&E Package will be submitted to Caltrans (Local Assistance) during the week of May 14, and then a 60 day review period will begin. Once the City receives a letter of authorization for construction from Local Assistance, the City can start the public bidding process for construction. 2. Pechanga Parkway Storm Drain Improvements - Environmental Mitigation The project includes the construction of new wetlands as part of the Wolf Valley Creek Channel - Stage I Project. The mitigation area is located along the north bank of Temecula Creek and a new landscaping and irrigation system will be installed. Once the mitigation area is constructed, the City is required to complete a 5-year maintenance and monitoring plan. Design plans have not been submitted to the City; however, the conservation/grading/water line easements are currently being designed. 3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project includes studying alignments, design and construction of an extension of Overland Drive, westerly to Diaz Road, including a new bridge over Murrieta Creek. The design is being coordinated with the planned Murrieta Creek improvements overseen by Riverside County Flood Control (RCFC) and the Army Corp of Engineers (ACOE). The design consultant's 60% plans have been routed to the appropriate City departments, RCFC & ACOE, and the local utility agencies for review and comment. Plan check comments were sent to the consultant during the month of January; however, the design is currently on hold until the Corps provides the City with a channel cross section that represents their final design. 3 4. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a stand alone project separate from the Corps of Engineer's Murrieta Creek improvement project. SWE has also revised their original design proposal for this project in light of these additional efforts required; additional funding will be required to cover these revisions. The City was notified that anticipated Federal funding for this project was programmed for Federal Fiscal Year 2010/2011, which could have serious ramifications to the project. SWE is scheduled to submit a revised proposal for an expanded environmental scope of work in the next month. 5. Diaz Road Extension to Cherry Street This project was previously "On-hold'" pending data from Riverside County Flood Control. With the construction of the proposed Education Center, this project has become developer driven. Plans have been routed to various utilities for identification of possible conflicts and to Riverside Flood Control and Army Corp of Engineers for verification that the proposed roadway is in conformance with the proposed detention basin within Murrieta Creek. 6. Santa Gertrudis Bicyclel Trail Undercrossing at Margarita Road This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under Margarita Road. Data regarding existing utilities are being incorporated into the design. RCFC has provided an Encroachment Permit. This project cannot be constructed until adequate funds are identified. An application was submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06. 7. Western Bypass Corridor Alignment Study This project will complete an alignment study for the Western Bypass Corridor. The City's design Consultant, URS, has completed the preliminary work for the alignment study and the City completed their review. URS is now looking into a more detailed design and potential issues with various alternatives and will submit their finding to the City. Electronic files of one of the alignments for the southern portion of the project (south of Rancho California Road) were given to the engineer of the developer of the Villages of Old Town. They are supposed to commit to complete the plans and the construction of this portion within a specified time frame. The City is waiting for a letter from the Villages of Old Town with a commitment to design and construct the southerly portion of the WBC including a timeline to accomplish these improvements. 8. Western Bypass Bridge Over Murrieta Creek This project involves the design and construction of a new bridge over Murrieta Creek at the westerly terminus of R-79S and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. Entry permits for geological investigations are pending. The developer of the Villages of Old Town may be taking over the design and construction of this project. The City and developer are negotiating an agreement for the transfer of work. Further development of the design and environmental document is on hold pending the outcome of negotiations. 4 9. Redhawk Park Improvements, Four Sites This project will add amenities to four park sites in the recently annexed Redhawk area. RJM is currently working on master plans for the four different park sites. A dog park is planned for one of the park sites. RJM gave a presentation to a committee with members from City Council, residents and staff. This presentation included the information from past community work shops, which helped with conceptual design of the parks. Due to budgetary restraints, the construction was divided into phases over a number of years. RJM used the existing irrigation layout at the future dog park to help reduce the costs but at the same time allowed for a very flexible design that will be able to be adjusted as the dog park needs change in the future. 10. Old Town Infrastructure Projects - Site Demolition and Site Preparation This project involves demolishing the existing non-historic structures on the City owned parcels at the intersection Main and Mercedes to make way for the Main Street Realignment and the Old Town Parking Structure. The demolition contract for the vacated Pantry and McLaughlin Building is addressed above. The balance for the site preparation and demolition & relocation design work is continuing. The Relocation of the Escalier house and Barn are dependent upon the Temecula Community Center (TCC) site preparation. 11. Old Town Infrastructure Projects. Underground Utility District This project will effectively underground all overhead utility lines along Old Town Front Street, between 2nd and 6th streets, all of Main Street east of Murrieta Creek and Mercedes Street between 2nd and 6th streets. The City Council approved the resolution forming the underground utility district on October 10,2006. SCE is designing their underground systems, which will be followed by design of CATV & Telephone UG systems. 60% street improvement plans have been forwarded to the utilities for their review in late January 2007. SCE will have their portion of the design complete in May 2007. 12. Old Town Infrastructure Projects. Street Improvements, Mercedes St (2nd - 6th) & the Realignment of Main St. This project will improve Mercedes Street and realign Main Street as part of phase 1 of the Old Town Civic Center project. RBF is working on 90% street plans. Water & sewer lines are under design & will be incorporated into the plans. Items of interests: (a) coordination between the plans and the landscaping architect; (b) the plans will include the Town Square plaza perimeter curb,the colored paving adjacent to Mercedes Street, decorative bollards, etc; (c) signage is being reviewed to match the existing Old Town sign age, (d) impacts to existing structures will be minimized. The design process will be ongoing for the next few months. 13. Old Town Infrastructure Projects. Parking Structure & Office/Retail frontage This project will construct a parking structure, including office and retail frontage as part of phase 1 of Old Town Civic Center project. Design Architect, NMR, is now finalizing schematic designs. Office/Retail frontage has been revised to a more efficient design eliminating the narrow space to the south. Northerly frontage space will now be two-story to make up the space, facades and view from the street will remain the same. A schematic design submittal is due in May. 5 14. Old Town Infrastructure Projects - Town Square Plaza Under this project, the plaza area for Phase 1 of the Civic Center will be constructed. NMR and their landscape architectural sub, SWA, have submitted the schematic design package. Review comments are due back to the designer by the end of May. Designers will meet with the City to go over comments and finalize any modification prior to design development in early June. 15. Old Town Civic Center Phase 2 Under this project the design and construction documents for phase two of the Civic Center Project will be developed. The City Council approved the Old Town Civic Center Master Plan and awarded a design contract to NMR for balance of the Civic Center design on April 10, 2007. NMR is commencing the schematic design process. A series of meetings to finalize the interior space planning is scheduled for early June. 16. 79 South Park & Ride This project will design and construct a park and ride facility on 79 South at La Paz. The City is coordinating with RT A to develop an MOU for the preliminary engineering phase of the work and the implementation of the project. Statements of Qualifications have been received from design consultants and a selection is forthcoming. 17. De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita) This federally funded project includes rehabilitating De Portola Road from Jedediah Smith Road to Margarita Road. On Nov 14, 2006 City Council approved the design agreement w/GFB-Friedrich. Consultant started the record research & survey. City forwarded utility as-builts to GFB for coordination. 30% plans were submitted on 2/12/07; design engineer hired consultant to perform street borings. 70% plans are expected in June. This is a federally funded project. The PES Submittal/Application was resubmitted along with a NESMI Report. Its' review is in process with Caltrans. 18. 79 South to Pechanga Parkway - Dual Right Turn Lanes This project includes the design and construction of two dedicated right turn lanes on eastbound 79 South to southbound Pechanga Parkway. The design includes the widening of 79 South and relocation of traffic signal poles. A preliminary design plan was provided to the City and is currently being reviewed by staff. 19. Santiago Detention Basin This project includes the design and construction of a desilting basin on the south side of Santiago Road between Vallejo Avenue and John Warner Road. The City Council approved the design contract with Kimley-Horn at the 03/06/07 meeting and Phase I of the design has begun. On 05/03/07, The City and the consultant, Kimley-Horn met with the US Army Corps of Engineers and the Regional Water Quality Control Board to review the project site and determine the best location for the basin. Kimley-Horn will come up with viable alternatives for basin location. 20. Winchester Road/79-North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limit. 6 The project kickoff meeting was held with the City personnel and RBF consulting. Another meeting will be set up shortly with Caltrans to review the portion of improvements within their Right of Way. The scope and schedule of the project were discussed. The City has provided the AS-Built information to RBF. The City PM has contacted various utility companies and requested information about their facilities within the project area. RBF is in process of creating the layout of the project. 21. French Valley Parkway Phase 1 . Southbound Off-Ramp to Jefferson, Auxiliary Lane, and Widening the Bridge over Santa Gertrudis Creek atthe Winchester Southbound Off-ramp A southbound of-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Phase 1. The City and Caltrans have agreed that immediate action is required to relieve congestion at the Winchester Road southbound off-ramp. Status is as follows: >- PS&E - Consultant is preparing 95% plans. >- RIW - Establishing dedication and acquisition needs. >- Construction Cooperative Agreement - 2nd fact sheet is under Caltrans review. >- Declaration of Units - 1 st Request for Metric Exception under Caltrans review. >- Utilities - Preparing documents to initiate potholing. >- Construction Coop Agreement - Caltrans comments received on 2nd fact sheet submittal; City is preparing additional information requested. 22. Temecula Community Center Expansion This project will add approximately 4000 square feet of space to the existing Temecula Community Center to accommodate more human services programs. Work has begun on construction documents for the approved project design. The site plan will also include provisions for the Community Pantry which will be located in the Escalier House and Barn. They will be moved to the site after it has been graded and utilities have been stubbed out. Initial survey and soils investigation are underway. The agreement with Meyer and Associates is being revised to reflect the changed scope of work and will go to Council on June 5, 2007. 23. Localized Storm Drain Improvements This project will fix the drainage problem at the south end of Front Street (at the MWD easement). Baseline right of way, utilities, and mapping are established. This project is currently on hold. 24. Long Canyon Detention Basin - Access Road This project will construct an access road to the Long Canyon Detention Basin. Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. 25. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This federally funded project includes the design and construction of an approximately 200' ped/bike bridge over Santa Gertrudis Creek near Chaparral H .S. This is a federally funded project, which will involve a NEPA document. A field meeting was held on 4/11/07 between the City, Caltrans, Army Corps, Regional Water Board, and Nolte to gather input in preparing the Preliminary Environmental Study form for submittal to Caltrans, the first step in obtaining Federal environmental clearance in 7 the event of Federal funding. The PES form has been completed by the design consultant, Nolte Associates, and is under review by staff before being submitted to Caltrans. 26. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the RWQCB by desilting the channel & pond located near the Sports Park. A US Army Corps of Engineers Nationwide Permit application has been submitted and communication with the Department of Fish & Game is continuing. City Council authorized the Professional Services Agreement with BonTerra Consulting on 11/14/06 and the kick off meeting was held on 12/06/06. BonTerra has initiated the environmental clearance process. An amendment to the consultant agreement was approved by City Council on 05/08/07 to provide additional studies required by the regulatory agencies. PROJECTS IN THE PLANNING STAGE 1. 1-15/ 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. City continued development of design geometrics and environmental technical studies. Status is as follows: >- Draft Project Report - Final submittal pending Caltrans review of Environmental Document. >- Advisory Design Exceptions - Approved 10/18/06. >- Mandatory Design Exceptions - Approved 10/20/06. >- Stormwater Data Report - 4th submittal is to coincide with final PR Submittal. >- Traffic Study - Approved 09/11/06. >- Modified Access Report - 1st submittal under FHWA review. >- Geometric Approval Drawings - Under development. >- Initial Study Assessment- Approved September 2005. >- Acoustic Evaluation - Approved December 2005. >- Air Quality Assessment - Approved PM10 and PM2.5 Jul 2006. >- Nat Environmental Study - Approved May 2006. >- Cultural Studies - Approved November 2006. >- Environmental Document- 3rd Submittal is under Caltrans review. 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 project is moving through the Caltrans process. Current status is as follows: >- Draft Project Report - Approved June 2006. >- Project Report - Final preparation pending approval of Environmental Document. 8 >- Draft Environmental Document- Approved December 2006. >- Environmental Document- FHWA review pending NCR determination of acceptability. >- New Connection Report - Preparing revisions per FHWA >- Stormwater Data Report - Under Caltrans review. >- Mandatory Design Exceptions - Approved 07/18/06. >- Advisory Design Exceptions - Approved 07/18/06. >- Exception to Ramp Metering Policy - Approved 07/05/06. >- Geometric Approval Drawings - Approved 07/18/06. >- Freeway Agreements - 4th submittal is under Caltrans review. >- Risk Management Plan - Updating as necessary. >- Project Charter - Preparing first draft. >- Declaration of Units - 1 st Request for Metric Exception under Caltrans review. >- Freeway Agmts - Preparing 4th submittal for Caltrans review. >- Risk Mgmt Plan - Updating as necessary. >- Project Charter - 1 st draft is under Caltrans review. >- Maintenance Agmt - Preparing 1 st submittal for Caltrans review. >- Financial Plan - Preparing 2nd submittal for Caltrans review. 3. 1.15 Sign Replacement - Temecula Parkway Name Addition to Hwy 79S This project will add the newly adopted name of "Temecula Parkway" to the appropriate freeway signs. City staff is working with Caltrans to prepare the bid packages for the signs to be made by vendors. 4. Pavement Rehabilitation - STPL Project This project will rehab Rancho California Road from Ynez Rd. to the City limits on the east. Interviews of the top 3 consultants were completed. Harris & Associates was selected as the top candidate and the Council approved the Agreement at the 04/24/07 meeting. The kick off meeting will be scheduled shortly. 5. Auxiliary Lanes on 1-15 in Temecula A feasibility study will be conducted to determine if auxiliary lanes can be added between on and off-ramps on 1-15 in Temecula to improve the freeway operation. An RFP to conduct the study was published on the City's website on 02/14/07. Proposals were received on 03/16/07. The City reviewed the proposals and selected a consultant. Due to funding constraints, this project is being delayed until Fiscal Year 2009/201 O. Funding this project will be reviewed again during the FY2008/2009 budget process. 6. Old Town Gymnasium This project will construct a gymnasium in old town, adjacent to the Boys and Girls Club. An RFP was issued to hire an architect to design the gymnasium. Interviews were conducted on 01/22/07. The scope of work has been finalized by the chosen architect and it has been approved by Staff. 9 The agreement with the chosen architect will be presented to the City Council for approval at the OS/22/07 meeting. 7. 79 South Park and Ride This project will construct a park and ride facility on 79 South at La Paz. Responses to the RFQ have been reviewed and a proposal from the most qualified consultant is forthcoming. 10 0,... ..-0 o ILl::! 0..- ..- "-ill WO C) <( a. I- W W J: I/) I/) I/) w 0:: C) o 0:: ll. :ll:: 0:: ~ >- c(..J ..JJ: ;:)1- O'Z wO :E:E w, 1-1/) LLI- 00 >-w !::d 00:: ll. 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"5 '" 0: o U '" ~ .2 ~ r-- o ~ ~ o en 0- S TO: MEMORANDUM Bill Hughes, Director of Public Works/City Engineer FROM: (J'l~ Brad Buron, Maintenance Snperintendent DATE: SUBJECT: May 10, 2007 Monthly Activity Report - April, 2007 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of April, 2007: I. SIGNS II. TREES A. B, C. Total signs replaced Total signs installed Total signs repaired 41 10 32 A. Total trees trimmed for sight distance and street sweeping concerns 88 III. ASPHALT REPAIRS A. B. Total square feet of A. C. repairs Total Tons 6.785 90 IV. CATCH BASINS A. Total catch basins cleaned 77 V, RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement --9. VI. GRAFFITI REMOVAL Total locations 70 11.799 A. B. Total S.F. VII. STENCILING A. 140 New and repainted legends B, 35.895 L.P. of new and repainted red curb and striping R:\MAINTAIN\MOACTRPT Also, City Maintenance staff responded to --1L. service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to~ service order requests for the month of March. 2007. The Maintenance Crew has also put in 35 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 Aoril. 2007 was $6.785 compared to $15.825 for the month of March. 2007. Account No, 5402 Account No. 5401 Account No. 999-5402 $ 5,000.00 $ 1,785.00 $ -0- cc: ' Dan York, Deputy Director of Public Works Ali Moghadam, Principal Engineer (Traffic) Amer Attar, Principal; Engineer (Capital Improvements) Jerry Alegria, Senior Engineer (Land Development) R:\MAINTAIN\MOACTRPT STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of April, 2007 DATE ACCOUNT pESCRIPTION OF WORK TOTAL COST SIZE Date: 04/06/07 TROTSDALE ROAD REPAIRS TO FLOOD CONTROL FENCE 11#5401 I TOTAL COST $ 1,785.00 Date: # TOTAL COST Date: # I TOTAL COST Date: Date: 04/07 CITYWIDE TRASH, DEBRIS AND WEED ABATEMENT IN CITY'S R.OW.'S I TOTAL COST $ 5,000.00 # 5402 Date: Date: # I TOTAL COST Date: # TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 I TOTAL COST $ 1,785.00 $ 5,000.00 -0- R:\MAINTAIN\MOACTRPT '" "'I- 1<1< Oowl'-- ::a..o8 uWZN ::iD:"<d:o m>ZO ::)!::~fa o..>Z!i l:lt;<lW I-<:E)o 2>1--1 W..JW< :!E:tWU 1-1-a::U) O::Zl-u:: <0'" l1;:; c '" z ~ 0 00 = 0 00 OM 00 ;! 0 ;;; 0 M i ",0 = 0 00 0", ",0 0 "! 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(f)CIJ..clBS~ .~:E "fig.51- Z .Q. c I- W '1- ~ ~a,.BQ.lO?;2C:~ l5 fJ) 0 ~O 0 Z roO 0: ~ ~O '<0 <(001- 0 (/) (/) l- I- I- I- .... 0:1- c:J f:j)Ci58t=a::~<(8(!) .... CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF APRIL, 2007 04/01/07 WfB SOLANA AT CALLE ARANDA AC OIL 48 3 04/01/07 EfB SOLANA AT MARGARITA AC OIL 27 L 04/0 1/07 VIA NORTE AT CARMELITA AC OIL 70 L 04/02/07 30890 VIA NORTE AC OIL 176 L 04/0207 VIA NORTE AT CALLE FIESTA AC OIL 126 L 04/03/07 30815 VIA DEL REPOSO AC OIL 460 3 04/03/07 W fB LA SERENA AT CAMINO CORTO AC OIL 15 L 04/03/07 30820 VIA DEL REPOSO AC OIL 244 L 04/03/07 RANCHO CALIFORNIA ROAD AT MARGARITA POTHOLE 4 L 04/04/07 MIRA LOMA AT RANCHO VISTA R&R 278 8.5 04/05/07 NICOLAS ROAD POTHOLES 6 L 04/05/07 REDHA WK AT WOLF V ALLEY R&R 6.5 04/09/07 PECHANGAPARKWAY A.C. OVERLAYS 780 5 04/10/07 FRONT STREET N/O HWY 79 SO. R&R 286 9,5 04111/07 FRONT STREET N/O HWY 79 SO, R&R 379 10 04/12/07 WALCOTT / RIVERTON A.C. OVERLAY 127 2 04117/07 RANCHO VISTA AT BUTTERFIELD STAGE ROAD R&R A,C, 126 5.5 i 04/23/07 PECHANGA PARKWAY A,C.OVERLA Y 593 5 04/24/07 VIA NORTE A.C. OVERLAY 820 5.5 04/25/07 NICOLAS ROAD E.P, A,C. OVERLAY 980 6.5 04/26/07 MARGARITA S/O OVERLAND R&R A.C. 360 16 04/30/07 MEADOWVIEW AREA I A.C. OVERLAY 880 4 TOTAL S.F. OF REPAIRS 6.785 TOTAL TONS 90 R:\MAINTAINlWKCMPLTD\ASPHALT,REPAlR\06,07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF APRIL, 2007 04104/07 BUSINESS PARK DRIVE AT SINGLE OAK I CLEANED & CHECKED I CATCH BASINS , 04109107 I CITYWIDE I CLEANED & CHECKED 15 CATCH BASINS I I CITYWIDE I CLEANED & CHECKED -I 04/16/07 17 CATCH BASINS 1 'I I 04/17/07 I AREA #4 I CLEANED & CHECKED 7 CATCH BASINS I 04/23/07 I CITYWIDE I CLEANED & CHECKED 13 CATCH BASINS II 04/23107 I AREA#I I CLEANED & CHECKED 5 CATCH BASINS I I 04/26/07 I HWY 79 SO. I CLEANED & CHECKED 7 CATCH BASINS I I 04/30/07 I CITYWIDE I CLEANED & CHECKED 12 CATCH BASINS I I I I I I I I I I I I I I I I I I I " I I II I I I I I I I I I I 1 I I [' I I 1 I I I I I I I I I I I I I I I " TOTAL CATCH BASINS CLEANED & CHECKED --12 I -- R:\MAINTAIN\WKCMPLETD\CATCHBAS\06.07\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF APRIL, 2007 04/02/07 FELIX VALDEZ REMOVED 45 S,p' OF GRAFFITI 04/02/07 A VENIDA DE MISSIONES REMOVED 474 S,F. OF GRAFFITI 04/02/07 PECHANGA BRIDGE REMOVED 1,080 S.F. OF GRAFFITI 04/02/07 VIA LAS COLINAS REMOVED 12 S.P. OF GRAFFITI 04/02/07 PUJOL AT MAIN REMOVED 5 S,F, OF GRAFFITI 04/01/07 DIAZ AT WINCHESTER REMOVED 1 S,F. OF GRAFFITI 04/02/07 HARVESTON AT MARGARITA REMOVED 1 S.P. OF GRAFFITI 04/02/07 TOWER PLAZA P ARKlNG LOT REMOVED 395 S.P. OF GRAFFITI ~ 04/03107 PUJOL LOT REMOVED 600 S.P. OF GRAFFITI 04/03/07 VIA PUERT A AT CAMINO VERDE REMOVED 180 S,F. OF GRAFFITI 04/03/07 RAINBOW CANYON AT BRIDGE REMOVED 56 S.F. OF GRAFFITI 04/04/07 MEADOWS AT DE PORTOLA REMOVED 2 S.F, OF GRAFFITI 04/04/07 BUTTERFIELD STAGE ROAD AT BRENTWOOD REMOVED 8 S.F. OF GRAFFITI 04/04/07 CAMINO GUARDO AT CAMINO PALENCIA REMOVED 36 S,F. OF GRAFFITI 04/05/07 YNEZ COURT REMOVED 96 S,F, OF GRAFFITI " 04105/07 MADISON AT McCABE COURT REMOVED 2 S.P. OF GRAFFITI ~ 04/05/07 OVERLAND AT YNEZ REMOVED 20 S.F. OF GRAFFITI 04106107 LA SERENA AT VIA HALCON REMOVED 212 S.F, OF GRAFFITI 04/09/07 28450 FELIX VALDEZ REMOVED 99 S.F, OF GRAFFITI 04/09/07 43223 BEDFORD COURT REMOVED 55 S,F, OF GRAFFITI 04/09/07 43223 BUSINESS PARK DRIVE REMOVED 75 S,F, OF GRAFFITI 04/09/07 MORAGA AT EDISON PLANT REMOVED 187 S.F. OF GRAFFITI ~ 04/09107 MORAGA S/O RANCHO CALIFORNIA ROAD REMOVED 13 S.P. OF GRAFFITI R:\MAINTAIN\WKCMPLTD\GRAFFITI\06.07 04/09/07 TARGET CENTER REMOVED 68 S.P. OF GRAFFITI I 04/09/07 I YNEZ AT SANTA GERTRUDIS REMOVED 30 S,P. OF GRAFFITI I 04/09/07 I WINCHESTER AT SANTA GERTRUDIS REMOVED 309 S,F. OF GRAFFITI '! I 04/09/07 I PECHANGA CHANNEL AT TEMECULA CREEK REMOVED 156 S.F. OF GRAFFITI I I 04110/07 4TH STREET ALLEY REMOVED 78 S.P. OF GRAFFITI I I 04/10/07 CALLE MEDUSA REMOVED 20 S,F. OF GRAFFITI I I 04111/07 I FELIX VALDEZ REMOVED 289 S.F. OF GRAFFITI I I, 04/11/07 I RANCHO CALIFORNIA ROAD BRIDGE REMOVED I 65 S.P. OF GRAFFITI I :' 04/11/07 130975 SO. GENERAL KEARNY REMOVED 100 S.P. OF GRAFFITI I " I S,F. OF GRAFFITI I I 04/11/07 CAMINO GUARDA REMOVED 10 Ii 04/12/07 130602 COLINA VERDE REMOVED 75 S,F. OF GRAFFITI I I, 04/12/07 I LOMA LINDA REMOVED I ,I 48 S.F. OF GRAFFITI i 04/12/07 I CALLE REDONDELA REMOVED I 100 S,P. OF GRAFFITI I 04/12/07\ REDHAWKBRlDGE REMOVED I 200 S.F. OF GRAFFITI I I 04/13/07 I NICOLAS CHANNEL REMOVED I 65 S,F. OF GRAFFITI I i 04/13/07 I McCABE AT CAMINO ALACON REMOVED I 25 S.F. OF GRAFFITI I I 04/1:i/071 SO.GENERALKEARNY AT LA SERENA REMOVED I 120 S.F. OF GRAFFITI , I 04/16/07 I TEMECULA CREEK REMOVED 30 S.F. OF GRAFFITI I I 04/16/07 I MERCEDES AT 3RD STREET REMOVED 60 S,P. OF GRAFFITI I I 04/16/07 1-15 SIB AT MAIN STREET REMOVED 90 S.F. OF GRAFFITI I I 04/16/07 CINON DRIVE REMOVED 30 S.F. OF GRAFFITI I I 04/16/07 I GOLD'S GYM REMOVED 35 S.F. OF GRAFFITI 'I I 04/16/07 I WINCHESTER BRIDGE AT SANTA GERTRUDIS REMOVED 594 , S,F. OF GRAFFITI I I 04/16/07 27700 JEFFERSON REMOVED 100 S,F. OF GRAFFITI I 04/18/07 30602 COLINA VERDE REMOVED 45 S,F. OF GRAFFITI I 04/18/07 79 So. AT A VENIDA DE MISSIONES REMOVED 20 S.F, OF GRAFFITI I R:\MA1NTAIN\WKCMPLTD\GRAFFITI\06.07 04/18/07 SOMERSET APARTMENTS 04/18/07/ MARGARITA PARK I 04/18/07 I TARGET CENTER I 04/18/07 I SCE PLANT I 04/18/07 I EMPIRE CREEK II 04123/07 1 MAIN STREET BRIDGE ! 04/23/07 I 3RD & MERCEDES I 04/23/07 I YUKON AT COPPERBEECH I 04/23107 I PREECE AT TIERRA VISTA 104/23/071 LOMALINDAATPECHANGA I 04/23/07 1 EMPIRE CREEK I 04/23107 I YNEZ AT YNEZ COURT I 04/24/07 I V AIL RANCH SCHOOL I 04/24/07 I HWY 79 SO. BRIDGES ,I 04/26107 140285 WINCHESTER ROAD I 04/26107 I HWY 79 SO. AT BUTTERFIELD STAGE ROAD 104/27/07/ REDHAWKBRIDGE I 04130107 I K MART SHOPPING CENTER ,104/30/071 1-15 BRIDGE AT TEMECULA CREEK I 0413&07 I TARGET CENTER 104/30/07/ CINON AT VAIL RANCH I 1 I I I I REMOVED REMOVED REMOVED REMOVED REMOVED I REMOVED I REMOVED I REMOVED I REMOVED I REMOVED REMOVED REMOVED I REMOVED I REMOVED I REMOVED REMOVED REMOVED REMOVED I REMOVED I REMOVED I REMOVED I I I I I " I, I TOTAL S.F. GRAFFITI REMOVED TOTAL LOCATIONS 11.799 70 3,243 117 250 388 533 24 S.F, OF GRAFFITI I S,F. OF GRAFFITI I S.F. OF GRAFFITI I 48 60 40 S.F. OF GRAFFITI 68 S.F. OF GRAFFITI 34 S.F, OF GRAFFITI 45 S.F. OF GRAFFITI S,F. OF GRAFFITI I 38 120 S.F. OF GRAFFITI 93 S.F. OF GRAFFITI 20 S,F. OF GRAFFITI S.F. OF GRAFFITI I S.F. OF GRAFFITI I 27 43 S,F. OF GRAFFITI S.F. OF GRAFFITI " S.F. OF GRAFFITI , S,F. OF GRAFFITI I 91 S,F. OF GRAFFITI 48 S.F. OF GRAFFITI S.F. OF GRAFFITI I S.F. OF GRAFFITI I I 55 R:\MAINTAIN\WKCMPL1D\GRAFFITl\06.07 ~ << ~> ~o U~ ~~ ~~ ~~ ~~ ~~ o~ ~~ ~~ ~r:-.... Uo o ~ ~ " , ill q e 0 ~ u " > ~ 0 " z I I- (.l 0 ~ l- i< a. W CJl C) ::J <( > I- .J LL. ::J 0 ..., w en z + ::J ..., ::c :;: .J . ii: a. <( )\ "oc a:: <( ! :;: 1 co W 11. Z <( ..., - - - - - - - - - - - - - .-.-.-.-.-.-.-.-.-..-." 00000000000000000000000000 00000000000000000000000000 00000000000000000000000000 ~~~~M~~~~M~~~~M~~~~M_~~~M~ ~~~~~~MMMMMNNNNN__~~~ !:l~ ...:;:S ::Jo 0'0 "'... II :o:::t 00 o ~ h , ~ <'1 ;8 ...0 'i>< ": Q,).~ ;~ "';:S ,,.~ - 'jt) -a'" ...0 o 0 E-<E-< t- III ..... ~.,; "" '" ... ... -)(!). .,,- -So.a 0 ~ ~ ~..o ~. ',:'J.\$;~;;::;' 0.,..... 'J. ~ ~,,::;$,~::;$[iE1iE1 ~ ~ 8 ~o ,.j;.l o ~ C< r:n '" = ~ u, =_.1 '" '0\ t': ~ - ,;;.;. ... '10 I ~ " " ~ '" ~ ~ il "S 1 s ro ;D () 'il ::J '~ ::J t;I ~ ~, ~ bl) 8 0 8 ;,0' ~' " g. () 0'" " ~: ,~ :::8 ...: :::8 ,~ ...: rJ::I' 0 Z Q CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF APRIL, 2007 II"""""""" ('fl5~~it, '",::::.:":\::,;:,":;";:u,:,,,:~; " I' 04/03107 TREETRrMYNEZATOVERLAND 'i 04/04/07 I LOMA LINDA AT EL TORITO COURT I 04/04/07 I MARGARITA ROAD AT MORAGA I 04/04/07 I TEMEKU AT CLUBHOUSE I 04/06/07 I 27645 JEFFERSON I 04/12/07 I AREA #3 II 04/12/07 I AREA #2 I 04/16/07 I OLD TOWN ,I 04/17/07 I AREA #2 I 04/18/07 I OLD TOWN I 04/24/07 I CITYWIDE I I I I ,I I I I I I II I I I I I .! I I I I I '1 I I I I II I TRIMMED 5 RO.w, TREES I, I TRIMMED 1 RO.W. TREES II I TRIMMED l' 1 RO.W. TREES I TRIMMED 1 RO.W. TREES , I TRIMMED 4 RO.W. TREES I I TRIMMED 4 RO.W. TREES I I TRIMMED 4 RO.W. TREES I I TRIMMED 39 RO.W. TREES II I TRIMMED 3 R.O.W. TREES ;1 I TRIMMED 8 R.O.W, TREES I: I TRIMMED , 18 RO.w, TREES " I I I I I I I I I I I I I ,I I TOTAL R.O.W. TREES TRIMMED ~ R\MAINTAIN\WRKCOMPLTD\TREES\06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF APRIL, 2007 04/05/07 I SINGLE OAK DRIVE I TREE LIMB DOWN 04/05/07 04/05/07 I 39698 KNOLL RIDGE DRIVE I WATERLEAK 04/05/07 04/06/07 I SAGE COURT I DEBRIS 04/06/07 04/06/07 I 45732 ELM PLACE I DEAD TREE 04/06/07 04/09107 I 27473 DANDELION COURT I TREE REMOVAL 04/09/07 04/09/07 I 44593 JAMIN CIRCLE I TREE TRIMMING 04/09/07 04/10/07 I 29565 CORTE COPA I P.C.C. REPAIR 04/1 0/07 0410/07 142172 LYNDIE LANE I DEBRIS REMOVAL 04/10/07 04/1 0/07 I CORTE ALBANO I PAINT SPILL 04/10/07 04/10/07 I 29750 MIRA LOMA DRIVE I TREE CONCERN 04/10/07 04/1 0107 I YNEZ I A.c. CONCERN 04/10/07 04/11/07 I WABASH LANE I DEBRIS 04/11107 04/11107 142741 LAS VIOLETTAS I TREE DOWN 04/11/07 04/11107 I MEADOWS PARKWAY I POTHOLE 04/11107 04/12/07 I 32285 CORTE P ARADO I TREE CONCERN 04/12/07 04/12/07 I RANCHO CALIFORNIA ROAD AT YNEZ I A.C. CONCERN 04/12/07 04/16/07 131041 NICOLAS POTHOLES 04/16/07 04/16/07 I VIA SABINO TREE CONCERN 04/16/-07 04/16/07 I LA SERENA I WATER LEAK 04/16/07 04/18/07 /31505AVENIDADELREPOSO A.C. REPAIR 04/18/07 04/19/07 I 32584 GALATINA FALLEN TREE 04/19/07 04/20/07 I PECHANGAPARKWAY POTHOLES 04/20/07 04/20/07 I RANCHO CALIFORNIA ROAD AT JEFFERSON DEBRIS 04/20/07 04/23/07 I MEADOWVIEW AREA A.C. REPAIRS 04/23/07 04123/07 I 29825 SANTIAGO I SIGN DOWN 04/23/07 R:\MAJNTAIN\WRKCOMPLTD\SORS\06.07 DATE RFJ(J:~iJ 04/23/07 I McCABE DRIVE 04/23/07 I 30976 LOMA LINDA DRIVE 04/24/07 15TH & MAIN 04/24/07 I 30025 CALLE HALCON 04/25/07 I CEBU AT AVENIDAMALLARI 04/30/07 I CANYON RIM CIRCLE I I I I I I I I I I I I I I I I I I I I I POTHOLES I DEBRIS I DEBRIS I SIDEWALK REPAIR I S.N.S, MISSING I A.C. REPAIR I I I I I I I I I I I I I I I I I I I I TOTAL SERVICE ORDER REQUESTS ......ll 04/23/07 I I I I I I I I I I I I I I I I I I I I I I I I I 04/23/07 04/23/07 04/24/07 04/25/07 04/30/07 R:\MAINTAIN\WRKCOMPLTD\SORS\06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF APRIL, 2007 I I ,I 04/02/07 NIGHTHAWK AT CALLE BANUELOS REPLACE RI I I I 04/03/07 MIRALOMA REPAIR SI-I I 04/03/07 MIRALOMA REPAIR S4-3 04/03/07 MIRA LOMA AT RANCHO VISTA REPAIR R4-7 04/03/07 CAMINO VERDE AT VIA PUERTA REPAIR R-I I 04/03/07 EIB SOLANA AT VIA LA VIDA REPLACED W3-1 I 04/03/07 6TH AT PUJOL REPLACED R-I I 04/03/07 CANTERFIELD AT MUIRFIELD REPLACED R-I I I 04/03/07 CANTERFIELD AT TEMECULA LANE I REPLACED R-I I I 04/03/07 MUIRFIELD AT CLASSIC REPAIR R-I I I 04/03/07 BARDMOOR AT CLUBHOUSE REPAIR R-I I I 04/03/0 CLUBHOUSE AT PALMETTO REPAIR R-I I 04/03/07 REDHA WK AT CALLE LOS MOCHIS REPLACED R-6-I 1 1 I 04/03/07 MARGARITA AT NO, GENERALKEARNY REPLACED RI-7 I 04/03/07 REDHA WK AT CALLE LOS MOCHIS REPLACED WI-7 04/04/07 ESMERADO COURT REPAIR W14-2 I 04/04/07 ESMERADO COURT AT LOMA LINDA REPAIR RI-l I 04/04/07 LOMA LINDA AT ESPLENDOR REPAIR R2I-25 1 1 1 04/04/07 MEADOWS PARKWAY AT DE PORTOLA REPAIR R4-7 11 I I 04/04/07 DIAZ ROAD AT VIA MONTEWMA REPLACED DELINEATOR 'I 04/04/07 RANCHO CALIFORNIA ROAD AT POST OFFICE REPLACED 4 DELINEATORS 'I I 0404/07 PUAS DRIVE REPLACED R2l-25 I I 04/04/07 VIA GILBERTO AT PASHAHO REPLACED RI-I I !h --- _,ll - -- R:\JoIlAINTAIN\WKCMPLTD\SIGNS\.06.07 04/04/07 PruTE AT HURON REPAIR Rl-l 04/04/07 VIA EDUARDO REPAIR R4-25 I, 04/04/07 NIGHTHAWK AT WOLF VALLEY REPLACED R4-7 1 04/04/07 PALMETTO AT CALLISITA ORDONES REPAIR SNS 1 04/04/07 VIA SALTlO AT VIA CORDOVA REPLACED Rl-l I 04/04/07 32855 ASHLEY ROSE COURT REINSTALLED SNS I 04/04/07 PECHANGA PARKWAY AT DEER HOLLOW REPLACED W3-3 I 04/04/07 MORAGA AT MARGARITA REPLACED 1 W3-3 I 04/04/07 SPRINGTIME AT QUAIL CREEK REPAIR I SNS &Rl 1 04/04/07 RANCHO VISTA AT HIGH SCHOOL REPLACED I R4-1 , 'I 04/05/07 REDHA WK PARKWAY AT VIA SALTlO REPAlR R26 I 04/05/07 REDHAWKPARKWAY ATVIASALTlO I REPAIR Rl-l I 04/05/07 VIA SALTlO AT SAN JOSE I REPLACED 13 RI-4 I 04/05/07 REDHAWKPARKWAY ATVIASALTlO I REPLACED 1 Rl-l 1 04/05/07 CAMINO PALENCIA AT CAMINO GUARDO I REPLACED I Rl-l 1 04/05/07 PASEO PARALLON AT CAMINO PALENCIA I REPLACED I Rl-l 1 04/05/07 DATEATLAKEVIEW REPLACED I R-8IA I 04/05/07 DATE AT LAKEVIEW REPLACED R7-A I 04/05/07 MARGARITA AT HARVESTON I REPLACED R3-7 I I REPLACED 1 R4-7 04/05/07 YNEZ ROAD AT SOLANA 04/05/07 DEL RIO AT VIA MONTEZUMA I REPLACED I Rl&SNS 04/05/07 MAJELLO COURT AT KNOLLRIDGE DRIVE I REPAIR I Rl-l 04/05/071 RORIPAUGHATROSEBAY I REPAIR I R2-25 I 04/05/07 I 39860 N O. GENERAL KEARNY I REP AlR I R2-25 I 04/09/07 I JEFFERSON AT WINCHESTER I REPLACED I R4-7, 3 DELINEATORS I 04/1 0/07 I WALCOTT AT CALLE GlRASOL I REPLACED 14 CARSONITES 1 04/12/07 1 AREA #1 I REPLACED I W4-2, R2-50 R:\MAINTAIN\WKCMPLTD\SIGNS\.06.07 I 04/13/07 LOMALINDAATVIACONSUELO I 04/17/07 VIA INDUSTRIA AT ROICK DRIVE I 04/17/07 I 26090 YNEZ ROAD I 04/17/07 I VIA MONTEZUMA AT JEFFERSON 04/17/07 I CITYWIDE 04/17/071 TEMECULACREEK I 04/17/07 I SANTIAGO AT C STREET I 04/23/07 1 SANTA CECILIA AT COSMIC I I I I I I II I I I I I , I I I I I I I I 1 I 1 I I I I , I I I I I I I " j 'I REPLACED SNS INSTALLED 2 "N",W14-1 I I REPLACED R7-9 I REPLACED M6-1 I I REPAIRED 112 SIGNS I I INSTALLED 17 "NO TRESPASSING" I I REPLACED R26 I REPLACED RI-3 I I I I I I I I I I I I I I I I I I I I I I I I I I TOTAL SIGNS REPLACED --.1! TOTAL SIGNS INSTALLED ---1.!! TOTAL SIGNS REPAIRED ---.ll R:\MAJNTAIN\WKCMPLTD\SIGNS\.06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF APRIL, 2007 04/02/07 I RED CURB / CITYWIDE , 04/03/07 I RED CURB / CITYWIDE 04/04/07 I RED CURB / CITYWIDE 04/05/07 I RED CURB / CITYWIDE 04/09/07 I RED CURB / CITYWIDE I 04/10/07 I RED CURB / CITYWIDE I, 04/11107 I RED CURB / CITYWIDE I 04/12/07 I RED CURB / CITYWIDE I 04/17/07 I RED CURB / CITYWIDE I 04/18/07 I RED CURB / CITYWIDE I 04/19/07 I RED CURB / CITYWIDE I 04/19/07 I AREA #2 I' 04/24/07 I AREA #2 I' 04/25/07 I AREA #2 '[ 04/30/07 PAUBAROAD I I I I I I I I I I I I I I I I I I REPAINTED I I REPAINTED I I REPAINTED I REPAINTED I I I I I I I I [ I I I I I I I I I 4,135 SQ, FT.I 1,075 SQ. FT, '[ 4,051 SQ. FT. 4,532 SQ. FT, I I 3,624 SQ. FT, 3,795 SQ. FT. 4,583 SQ. FT, 608 SQ. FT. 3,426 SQ, FT'I 5,411 SQ. FT. I 655 SQ. FT. 38 LEGENDS I 49 LEGENDS I 50 LEGENDS I 3 LEGENDS II I I I I I I' , I, I I TOTAL NEW & REPAINTED LEGENDS 140 NEW & REPAINTED RED CURB & STRIPING L.F. 35.895 R:\MAINTAIN\WRKCOMPLTD\STRIPING\06.07 ITEM NO. 36 Approvals City Attorney Director of Finance City Manager v /JJ2 (J(G CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mitch Aim, Chief of Police DATE: May 3, 2007 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of March 2007. PA TROL SERVICES Overall calls for police service ................................................................................................. 8,108 "Priority One" calls for service ....................................................................................................... 53 Average response time for "Priority One" calls...............................................................5.2 Minutes VOLUNTEERS Volunteer administration hours ................................................................................................... 208 Community Action Patrol (CAP) hours .......................................................................................374 Reserve officer hours (patrol) ....................................................................................................... 56 Total Volunteer hours.................................................................................................................. 878 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted ........................................................................................ 3 Residential/business security surveys conducted ....................................................................... 0/3 Businesses visited.......................................................................................................................... 1 Businesses visited for past crime follow-up.................................................................................... 2 Crime prevention articles ................................................................................................................1 Total square footage of graffiti removed................................................................................ 11,799 Number of Graffiti Locations....................................................................................... 70 OLD TOWN STOREFRONT Total customers served............................................................................................................... 210 Sets of fingerprints taken .............................................................................................................. 60 Police reports filed........................................................................................................................ 12 Citations signed off ....................................................................................................................... 16 Total receipts......................................................................................................................... $5,3,19 POP TEAMS On sight felony arrests ....................................................................................................................4 On sight misdemeanor arrests...................................................................................................... 14 Felony arrest warrants served ........................................................................................................3 Follow-up investigations................................................................................................................ 14 Presentations............................................................................................................ .0 GANG TEAM On sight felony arrests ....................................................................................................................6 On sight misdemeanor arrests........................................................................................................3 Felony arrest warrants served ........................................................................................................3 Follow-up investigations................................................................................................................ 19 Field I nvestigations Conducted..................................................................................................... 12 Presentations............................................................................................................ .0 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests ....................................................................................................................2 On sight misdemeanor arrests........................................................................................................1 Felony arrest warrants served ........................................................................................................4 Misdemeanor arrest warrants served ............................................................................................. 0 Follow-up investigations............................................................................................................... 10 Drugs Seized 2.4 grams - methamphetamine 56.0 grams Marijuana 1971 Marijuana Plants TRAFFIC Citations issued for hazardous violations .................................................................................1037 D.U.I. checkpoints conducted .........................................................................................................0 Non-hazardous citations............................................................................................................. 281 Stop Light Abuse Program (SLAP.) citations........................................................................... 101 Neighborhood Enforcement Team (N.E.T.) citations ................................................................. 305 Parking citations.. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... .... 403 Injury collisions.............................................................................................................................. 14 Presentations............................................................................................................ .4 INVESTIGA TIONS Beginning Case load .................................................................................................................... 200 Total Cases Assigned during March.............................................................................................52 Total Cases Closed during March...................................................................................47 Number of community seminars conducted ................................................................................... 3 Presentations............................................................................................................ .0 PROMENADE MALL TEAM Calls for service........................................................................................................................... 375 Felony arrest/filings......................................................................................................................... 8 Misdemeanor arrest/filings............................................................................................................ 25 Vehicle burglaries........................................................................................................................... 6 Vehicle thefts. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... ..... 1 Prevention/Suppression Programs................................................................................................. 5 Vehicle Crime Deterrence 04/04/07, 4/11/07 Zero Tolerance Crime Awareness Merchants Course Theft Decoy SCHOOL RESOURCE OFFICERS Felony arrests................................................................................................................................. 6 Misdemeanor arrests ...................................................................................................................... 8 Citations..................................................................................................................... ................... 38 Youth counseled......................................................................................................................... 388 Presentations........................................................................................................... .21 Bullying Grades 4-5 Drug Alcohol Awareness Grades 10-11 Career Day 9-12 Bicycle Safety 1-5 YOUTH ACCOUNTABILITY TEAM Orientations delivered to new program members .......................................................................... 5 School visits.................................................................................................................................. 92 Home visits........................................................................................................................ ............ 20 Presentations............................................................................................................ .4 Truancy Sweep............................................................................................................2