HomeMy WebLinkAbout071007 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JULY 10, 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.
6:30 P.M. - Closed Session of the City Council pursuant to Government Code
Section:
1. Conference with real property negotiator pursuant to Government Code
Section 54956.8 regarding the following real property:
(a) Real Property owned by Ruben Calixto, Jr. and Jennifer Calixto, Trustees
of the Calixto Family 2003 Trust, dated April 10, 2003, which is commonly
known as 41351 Armada Place, Temecula, and identified as Riverside
County Assessor's Parcel Number 943-090-017. City of Temecula
negotiators, Paula Baeza of the City Attorney's Office, Greg Butler,
Principal Engineer; and Carol Chiodo, Property Agent, regarding
instructions to negotiators concerning price and terms. City negotiators
may negotiate with the property owners Ruben Calixto, Jr. and Jennifer
Calixto, Trustees of the Calixto Family 2003 Trust, dated April 10, 2003.
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: 07-08
Resolution: 07-58
CALL TO ORDER:
Mayor Chuck Washington
Prelude Music:
Southwest Youth Chorus and Pianist Shanti Ryle
Invocation:
Pastor Matt Hsieh of Rancho Baptist Church
Flag Salute:
Council Member Roberts
ROLL CALL:
Comerchero, Edwards, Naggar, Roberts, Washington
PRESENTA TIONS/PROCLAMA TIONS
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.
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 Minutes
RECOMMENDATION:
2.1 Approve the minutes of June 12, 2007.
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3 Resolution aDDrovina List of Demands
RECOMMENDATION:
3.1 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
4 Citv Treasurer's ReDort as of Mav 31. 2007
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of May 31, 2007.
5 AcceDtance of certain Public Streets into the Citv-Maintained Svstem within Tract MaD Nos.
30669. 30669-1 and 30669-2 (located southeast of the intersection of Harveston Drive and
Lakeview Road within the Harveston Subdivision)
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 07-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM (WITHIN TRACT NOS. 30669, 30669-1 AND 30669-2)
6 Replacement of the Book DroD Returns and Carts for the Temecula Public Librarv - Proiect
No. PWOO-07
RECOMMENDATION:
6.1 Approve an agreement with Vernon Library Supplies, Inc. (dba Integrated
Technology Group) for the replacement of the existing Book Drop Returns and
Carts at the Temecula Library with a higher quality, fully contained book return unit
furnished by Vernon Library Supplies, Inc., (dba Integrated Technology Group) for
$10,007.99 and authorize the City Manager to execute the agreement on behalf of
the City.
7 ComDletion and AcceDtance of Route 79 South Medians between 1-15 and Butterfield Staae
Road. Proiect No. PW02-14
RECOMMENDATION:
7.1 Acceptthe Route 79 South Medians Project between 1-15 and Butterfield Stage
Road, Project No. PW02-14, as complete;
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7.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract amount;
7.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
8 Aareement with Caltrans to install nine freewav sians alona Interstate 15. addina Temecula
Parkwav to Hiahwav 79 South - Proiect No. PW06-13
RECOMMENDATION:
8.1 Approve an agreement in the amount of $57,918.70 with Caltrans, District 8, to
install 9 freeway signs along Interstate 15 adding the name Temecula Parkway; and
authorize the Mayor to sign the agreement.
9 Amendment to Contract with Mever & Associates for the TCC ExDansion
RECOMMENDATION:
9.1 Approve the first amendment to the agreement with Meyer & Associates in the
amount of $70,052.50, plus 10% contingency of $7,005.00.
10 Amendment NO.2 to CooDerative Aareement with Friends of the Temecula Children's
Museum
RECOMMENDATION:
10.1 Approve Amendment No.2, extending the term of the agreement to June 30, 2010,
to the Cooperative Agreement with the Friends of the Temecula Children's Museum
for the operation of the museum gift shop.
11 Aareement for DUI Drua and Alcohol Screenina
RECOMMENDATION:
11.1 Approve the Agreement for Consultant Services between the City of Temecula and
Bio-Tox Laboratories for DUI Drug and Alcohol Screening in the amount of $8,000
for fiscal year 2006-07, and $42,000 for fiscal year 2007-08, for a total amount of
$50,000.
12 Aareement for Architectural Consultina Services between the Citv of T emecula and Roaer
Cantrell (Contract Extension)
RECOMMENDATION:
12.1 Approve a Contract with Roger Cantrell for architectural plan review services in the
amount of $120,000.00 for fiscal year 2007-08.
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13 Formation of a Citv Council Transit Sub-Committee
RECOMMENDATION:
13.1 Appoint Council Members Roberts and Comerchero to the City Council Transit
Subcommittee in an effort to focus on improving commuter transit opportunities
between the Temecula Valley and north San Diego County.
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
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
14 Minutes
RECOMMENDATION:
14.1 Approve the minutes of June 26, 2007.
15 Aareement with West Coast Arborists. Inc. for Tree Trimmina Maintenance Services
RECOMMENDATION:
15.1 Approve the agreement with West Coast Arborists, Inc. in the amount of
$100,000.00 plus a 10% contingency in the amount of $10,000.00 for tree trimming
services for Fiscal Year 2007-2008.
16 Professional Services Aareement with WLC Architects. Inc. for the Old Town Gvmnasium
Desian
RECOMMENDATION:
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16.1 Approve the Professional Services Agreement with WLC, Inc. for the Design of the
Old Town Gymnasium in an amount not to exceed $307,390;
16.2 Approve a 10% contingency in the amount of $30,739.
17 Amendment NO.3 to License Aareement with Temecula Vallev Museum. Inc.
RECOMMENDATION:
17.1 Approve Amendment No.3, extending the term of the agreement to June 30, 2009,
to the License Agreement with Temecula Valley Museum, Inc. for the operations of
the museum gift shop and the wedding chapel.
CSD PUBLIC HEARING
Any person may submit written comments to the Community Services District before a
public hearing or may appear and be heard in support of or in opposition to the approval
of the project(s) at the time of the hearing. If you challenge any of the project(s) in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to, the public
hearing.
18 Service Level C Election Public Hearina.
RECOMMENDATION:
18.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 07-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA CALLING A
SPECIAL MAIL BALLOT ELECTION FOR AUGUST 28, 2007 TO SUBMIT A
PROPOSED INCREASE TO THE RATES AND CHARGES FOR SERVICE LEVEL
C TO OWNERS OF REAL PROPERTY SUBJECT TO THE PROPOSED
INCREASE, APPROVING A REPORT ON THE PROPOSED INCREASE AND
ADOPTING PROCEDURES FOR THE CONDUCT OF THE ELECTION
18.2 Approve the Notice of Election, Ballot, and Procedures for the Completion, Return
and Tabulation of the Ballots;
18.3 Authorize staff to mail the ballots to the affected property owners pursuant to the
aforementioned process.
CSD BUSINESS
19 Redhawk Park ImDrovements ConceDtual Master Plan
RECOMMENDATION:
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19.1 Approve the Conceptual Master Plan for the Redhawk Park Sites.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
TEMECULA REDEVELOPMENT AGENCY MEETING
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
20 Minutes
RECOMMENDATION:
20.1 Approve the minutes of June 26, 2007.
21 Annual Contract for Kevser Marston Associates. Inc. for Real Estate Economic and
Affordable Housina Consultina Services for Fiscal Year 2007-08
RECOMMENDATION:
21.1 Approve an agreement with Keyser Marston Associates, Inc. in the amount of
$80,000 to provide as-needed Real Estate Economic Consulting Services for Fiscal
Year 2007-08 and Authorize the Redevelopment Chairperson to execute the
agreement;
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21.2 Approve an agreement with Keyser Marston Associates, Inc. in the amount of
$75,000 to provide as-needed Affordable Housing Consulting Services for Fiscal
Year 2007-08 and Authorize the Redevelopment Chairperson to execute the
agreement.
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or
may appear and be heard in support of or in opposition to the approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
COUNCIL BUSINESS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, July 24,2007, 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.
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CONSENT CALENDAR
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MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
JUNE 12, 2007
The City Council convened in Closed Session at 6:00 p.m., on Tuesday, June 12, 2007, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California.
Present:
Council Members:
Comerchero, Edwards, Naggar, Washington,
Roberts
Absent:
Council Member:
None
PRELUDE MUSIC
The Prelude Music was provided by Lauren Arasim.
INVOCATION
The invocation was provided by Pastor Ed Benitez of House of Praise.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Edwards.
PRESENTA TIONSIPROCLAMA TIONS
Certificates of Achievement to the Temecula Swim Club Junior OlvmDians
On behalf of the City Council, Mayor Washington congratulated the following swimmers for their
accomplishments and efforts competing at the Spring 2007 Junior Olympics, representing the
Temecula Swim Club:
o Garrett Ballreich
o Amanda Buxbaum
o Lauren Chamberlain
o Alexander Mareda
o Kate Santilena
o Mika Thompson
o Kristynn Thorne
o Ashley Wacker
o Bryan Davis, Coach
Mr. Davis, Coach and Mr. Ballreich, President of the Temecula Swim Club, thanked the City
Council for the recognition.
Solar CUD 2007 Citv Council TroDhv Presentation to ChaDarral Hiah School
Ms. Melody Nieman, representing Metropolitan Water District; Ms. Melia representing Eastern
Municipal Water District; and Megan Reid, representing Rancho California Water District,
thanked the City Council for its ongoing support of the program.
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Mayor Washington recognized Great Oak High School and Chaparral High School for
competing in the Fifth Annual Solar Cup 2007 Event and presented Chaparral High School with
a trophy.
PUBLIC COMMENTS
A. Ms. Ashton Elizabeth Farrar, Temecula, presented her third grade report to the City
Council.
The City Council thanked Ashton for her presentation.
B. Mr. Jim Mitchell, representing Save Our Southwest (SOS) Hills, spoke regarding the
proposed annexation, noting that the SOS has collected signatures throughout the City in
regard to Save Our Southwest Hills.
C. Also speaking on behalf of Save Our Southwest (SOS) Hills, Ms. M. Hammatt advised
that SOS has able to collected 2,000 signatures in support of the City's intent to annex the
proposed area.
CITY COUNCIL REPORTS
A. Council Member Roberts relayed that he attended the Children's Matsuri Event held at
the Community Recreation Center (CRC) on Saturday June, 9, 2007, noting that it was well
attended; and that the Daisen Committee presented the City with a plaque of recognition for its
ongoing support of the Children's Matsuri Event.
Council Member Roberts also advised that the State Transportation Commission
recently granted the City of Temecula $31 million for the French Valley Interchange Project
which will reduce traffic congestion through Temecula and thanked Director of Public Works
Hughes for his efforts with the project.
B. On behalf of the City Council, Council Member Comerchero thanked Council Member
Roberts for his diligence and efforts regarding the grant from the State of Transportation
Commission and relayed the importance of expeditiously proceeding with the French Valley
Interchange Project.
C. Council Member Edwards advised that the Commanding Officer of Camp Pendleton
along with members of the Council will be touring the Murrieta Creek in an effort to secure
funding in the Federal budget for Phase II Improvement of the Creek; and that more information
will be forwarded as it becomes available.
CONSENT CALENDAR
1 Standard Ordinance and Resolution AdoDtion Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
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2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of April 24, 2007;
2.2 Approve the minutes of May 8, 2007;
2.3 Approve the minutes of May 16, 2007 (Budget Workshop).
3 Resolution aDDrovina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 0740
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's ReDort as of ADril 30. 2007
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of April 30, 2007.
5 Resolution AdoDtina FY 2007-2008 Solid Waste Rates
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 0741
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING SOLID WASTE RATES FOR FISCAL YEAR 2007-2008
6 Voter ADDroved Measure C Annual SDecial Tax Levv
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 0742
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL
YEAR 2007-2008 TO PROVIDE FOR RECREATION AND HUMAN SERVICES
PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF
PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING,
AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS
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7 One-vear Aareement with Animal Friends of the Vallevs for Animal Control Services
RECOMMENDATION:
7.1 Approve a one-year contract for Animal Control Services with Animal Friends of the
Valleys not to exceed $156,000 per year;
7.2 Authorize the City Manager to approve additional service not to exceed $10,000 in
contingency.
8 Aareement for Consultina Services between the Citv of Temecula and Communitv Works
Desian GrouD (Contract Extension)
RECOMMENDATION:
8.1 Approve the Contract with Community Works Design Group to perform landscape
plan check and inspection services in the amount of $100,000.
9 Tract MaD No. 33125 (located East of Pechanaa Parkwav within the Wolf Creek SDecific
Plan)
RECOMMENDATION:
9.1 Approve Tract Map No. 33125 in conformance with the Conditions of Approval;
9.2 Approve the Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bonds as security for the agreement;
9.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
10 Accel2tance of certain Public Streets into the Citv-Maintained Svstem within Tract Maq No.
~9639-1 (located southwest of the intersection of Date Street and Maraarita Road within
the Harveston Subdivision)
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 0743
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM (WITHIN TRACT NO. 29639-1)
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11 Accel2tance of certain Public Streets into the Citv-Maintained Svstem within Tract Map No.
29639-2 - Harveston Drive and Date Street !located southwest of the intersection of
Maraarita Road and Harveston Wav within the Harveston Subdivision\.
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 0744
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM - HARVESTON DRIVE AND DATE STREET (WITHIN TRACT NO.
29639-2)
12 f,cceDtance of certain Public Streets into the Citv-Maintained Svstem within Tract MaD Nos.
29798-4 and 29798-8 !located northeasterlv of the intersection of Pechanaa Parkwav and
Wolf Vallev Road - within the Wolf Creek Subdivision)
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 0745
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM (WITHIN TRACT NOS. 297984 AND 29798-8)
13 AcceDtance of certain Public Streets into the Citv-Maintained Svstem within Tract MaD Nos.
30668. 30668-1. and 30668-2 !located southwest of the intersection of Harveston Drive
and Lake House Road within the Harveston Subdivision)
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 0746
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM (WITHIN TRACT NOS. 30668, 30668-1 AND 30668-2)
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14 Authorize Temqorary Street Closure for the Street Paintinq Festival in Old Town (Main Street
between Murrieta Creek and the easterlv terminus of Main Street at Interstate 15)
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 0747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE CLOSURE OF A PORTION OF A MAIN STREET FOR THE
STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO
ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT
15 First Amendments to Professional Services Aareements for Real Estate ADDraisal Services
for Various CaDitallmDrovement Proiects for FY2007-2008
RECOMMENDATION:
15.1 Approve the First Amendment to the agreement with Donahue & Company, Inc. in
the amount of $50,000 to provide as needed real estate appraisal services for
FY2007-2008;
15.2 Approve the First Amendment to the agreement with Lea Associates, Inc. in the
amount of $50,000 to provide as needed real estate appraisal services for FY2007-
2008;
15.3 Approve the First Amendment to the agreement with Mason & Mason in the amount
of $50,000 to provide as needed real estate appraisal services for FY2007-2008;
15.4 Approve the First Amendment to the agreement with Robert Shea Perdue in the
amount of $50,000 to provide as needed real estate appraisal services for FY2007
2008;
15.5 Approve the First Amendment to the agreement with Riggs & Riggs, Inc. in the
amount of $50,000 to provide as needed real estate appraisal services for FY2007-
2008;
15.6 Authorize the Mayor to execute the agreements.
16 First Amendments to the Professional Services Aareements for Survev Services for Various
CaDitallmDrovement Proiects for FY2007-200~
RECOMMENDATION:
16.1 Approve the agreement with Cozad & Fox, Inc. in the amount of $100,000.00 to
provide as needed engineering and construction survey services for FY2007 -2008;
16.2 Approve the agreement with Nolte Associates, Inc. in the amount of $100,000.00 to
provide as needed engineering and construction survey services for FY2007 -2008;
16.3 Authorize the Mayor to execute the agreements.
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17 First Amendments to Professional Aareements for Geotechnical & Material Testina Services
for Various CaDitallmDrovement Proiects for FY2007-200~
RECOMMENDATION:
17.1 Approve the First Amendment to the agreement with Converse Consultants in the
amount of $100,000.00 to provide as needed geotechnical and materials testing
services for FY2007-2008;
17.2 Approve the First Amendment to the agreement with Ninyo & Moore in the amount
of $100,000.00 to provide as needed geotechnical and materials testing services for
FY2007-2008;
17.3 Approve the First Amendment to the agreement with Petra Geotechnical, Inc. in the
amount of $100,000.00 to provide as needed geotechnical and materials testing
services for FY2007-2008;
17.4 Authorize the Mayor to execute the agreements.
18 Professional Services Aareement for Enpineerina Desian Services for the Temecula Park
and Ride 179 South). Proiect No. PW06-09
RECOMMENDATION:
18.1 Approve the agreement with ME, Inc. in the amount of $109,085.00 to provide
Professional Engineering design services for the Temecula Park and Ride (79
South) - Project No. PW06-09 - and authorize the Mayor to execute the agreement;
18.2 Authorize the City Manager to approve extra work authorizations not to exceed the
contingency amount of $10,909.00, which is equal to 10% of the agreement
amount.
19 Annual Purchase Aareement for FY2007 -2008 for the Purchase of Street Stencilina Paint
RECOMMENDATION:
19.1 Approve the purchase agreement for Fiscal Year 2007-2008 with Pervo Paint
Company for the purchase of street stenciling paint for painting street
stencilsllegends and curbs Citywide in the amount of $50,000.00 and authorize the
mayor to execute the agreement.
20 Purchase of Street Stencil ThermoDlastic ADDlicator and Trailer
RECOMMENDATION:
20.1 Approve the purchase of a Street Stencil Thermoplastic Applicator and Trailer in the
amount of $34,486.04 from Line Master Engineering, Inc. for the Public Works
Maintenance Division.
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21 Award the Construction Contract for Proiect No. PW07-06 - Citvwide Concrete ReDairs-
Phase II Fiscal Year 2006-2007
RECOMMENDATION:
21.1 Award a construction contract for Project No. PW07-06 - Citywide Concrete Repairs
- Phase II Fiscal Year 2006-2007 - to Del Rio Enterprise, Inc. in the amount of
$138,392.82 and authorize the Mayor to execute the contract;
21.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $13,839.28, which is equal to 10% of the contract amount.
22 Aareement for Dlan review services with Esail Corooration
RECOMMENDATION:
22.1 Approve an agreement for Consulting Services with Esgil Corporation to provide
Plan Check Services for Fiscal Year 2007/2008 in the amount of $200,000.
23 Aareement for Contract InsDection Services with P & D Consultants
RECOMMENDATION:
23.1 Approve an Agreement for Consultant Services with P&D Consultants for FY2007-
2008 in an amount not to exceed $156,000.
24 Aareement for Plan Review Services with Interwest Consultina
RECOMMENDATION:
24.1 Approve an Agreement for Consultant Services for Plan Check Review for FY2007-
2008 with Interwest Consultants in an amount not to exceed $50,000.
25 .Local Aaencv Formation Commission SDhere of Influence Review ResDonse Letter
RECOMMENDATION:
25.1 Approve the Sphere of Influence response letter to the Riverside County Local
Agency Formation Commission.
26 Annual Recruitment Advertisina Purchasina Authorization of $30.000 with the San Dieao
Union- Tribune
RECOMMENDATION:
26.1 Approve the purchasing authorization of $30,000 annually for recruitment
advertising with the San Diego Union-Tribune.
MOTION: Council Member Edwards moved to approve the Consent Calendar. Council Member
Comerchero seconded the motion and electronic vote reflected unanimous aooroval.
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At 7:40 p.m. the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 8:11 p.m. the City Council resumed with regular
business.
COUNCIL BUSINESS
40 Review and AdoDtion of the FY 2007-08 Annual ODeratina Budaet
RECOMMENDATION:
40.1 Adopt a resolution entitled:
RESOLUTION NO. 0748
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING THE FY 2007-08 ANNUAL OPERATING BUDGET AND
ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS
40.2 Adopt a resolution entitled:
RESOLUTION NO. 0749
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
REVISING THE SCHEDULE OF AUTHORIZED POSITIONS
40.3 Adopt a resolution entitled:
RESOLUTION NO. 07 -50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2007-08
By way of PowerPoint Presentation, City Manager Nelson provided an ovverview of the
FY2007-08 Annual Operating Budget, highlighting on the following:
D Total Projected Revenues $65,664,620
D Total Proposed Expenditures $62,501,885
D Fund Balance Designated For Economic Uncertainty
D Public Safety Costs
D Public Safety Highlights
o 10 Additional Sworn Officers
o Ratio of One Sworn Officer per 1,000 residents, exceeded by 13 Officers
o 1 Sworn Officer per 882 residents
o 3 Additional Community Services Officers
o TCC and CAP Volunteer Programs
o Addition of Wolf Creek Fire Station-Aug 2007
o Continued 4.0 Staffing on Engines
D R.E.ST Contribution
D Additional Budget Highlights
o New Authorized Positions: Human Services Teen Manager
D Conversions: 1
o Park Ranger
D Positions re-c1assed: 6.0
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g
D Temecula Outreach Program - Town Hall Meetings, Television Broadcast & News
Letters
D Commit $1 ,327,364 For Capital Improvement Programs (CIP)
D 5-Year General Fund Projection.
City Manager Nelson thanked the departments for their hard work and dedication preparing the
Annual Operating Budget.
The City Council congratulated City Manager Nelson and City staff for an excellent budget.
MOTION: Council Member Edwards moved to approve staff recommendation. Mayor Pro Tem
Naggar seconded the motion and electronic vote reflected unanimous aooroval.
41 Brief Review and AdoDtion of the FY 2008-12 CaDitallmDrovement Proaram
RECOMMENDATION:
41.1 Adopt a resolution entitled:
RESOLUTION NO. 07 -51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2008-12 AND
ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2007-08
City Manager Nelson provided a brief Review of the FY 2008-12 Capital Improvement Program,
highlighting on the following:
D Capital Improvement Project 2008-2012
o Traffic Circulation 26
o Public Facilities 25
o Parks 20
o RDA 11
D Total 5 Year Funded Projects $398,328,377
D Traffic Circulation
o French Valley Interchange
o Interim Southbound Off ramp
o Auxiliary Lane
o Santa Gertrudis Creek Bridge Widening
D 1-1579 South Ultimate Interchange
D Pechanga Parkway Improvements Phase II
D Rancho California Road Widening Project, Old Town Front Street-Interstate 15
D Diaz Road Realignment Project
D Other Notable Circulation Projects
o Pavement Management Program
o Main Street Bridge
o Overland Drive Extension
o Winchester Road Median Beautification
D Public Facilities
o Fire Stations - Wolf Creek, Roripaugh
o Maintenance Facility ExpansionlField Operations Center
o Civic Center Phase II
D Parks and Recreation
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10
o Redhawk Park Improvements
o Roripaugh Ranch Trails
o Temecula Community Center (TCC) Expansion on Pujol Street
o Margarita Dog Park
o Roller Hockey Rink.
In response to Mayor Washington, City Manager Nelson relayed that the cost of the expansion
for the Temecula Community Center would be approximately $800,000.
Mayor Pro Tem Naggar advised the residents of Redhawk, Wolf Valley, and Rainbow Canyon
Homeowners Association, that $125,000 was allocated in the budget for the beginning of the
environmental review and design work for the bridge over Temecula Creek at Avenida De
Missiones.
Council Member Edwards reiterated that $275 million has been allocated in the next five years
for circulation projects throughout the City.
Mayor Washington relayed that every effort has been made to ensure that the Annual Operating
Budget information be available for the citizens of Temecula; noting that he, along with Mayor
Pro Tem Naggar, has made a commitment to be available at Town Hall meetings to answer
questions and share information with regard to the City.
MOTION: Council Member Comerchero moved to approve staff recommendation. Council
Member Roberts seconded the motion and electronic vote reflected unanimous aooroval.
42 Amendment to the Temecula MuniciDal Code to ImDlement Chanaes in Purchasina SuDDlies
and EauiDment
RECOMMENDATION:
42.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTIONS 3.28.130, 3.28.250, and 3.28.290 OF THE TEMECULA
MUNICIPAL CODE CONCERNING PURCHASES OF SUPPLIES AND
EQUIPMENT TO BE MADE BY FORMAL BID ABOVE A MINIMUM AMOUNT TO
BE SET BY CITY COUNCIL RESOLUTION
Fiscal Services Manager Papagolos provided a brief staff report (as per agenda packet).
At this time, City Attorney Thorson introduced and read by title only Ordinance No. 07-07.
MOTION: Council Member Edwards moved to approve staff recommendation. Council
Member Comerchero seconded the motion and electronic vote reflected unanimous aooroval.
CITY MANAGER REPORT
City Manager Nelson thanked the Departments for their team effort and efficiency of completing
the budget documents and commended the City Council for its leadership.
RIMinutesl061207
11
CITY ATTORNEY REPORT
With respect to closed session, City Attorney Thorson advised that there were six items on the
agenda related to real property for right-of-way acquisition for roadways along Pechanga
Parkway; that the City Council took action to set just compensation and authorize staff to make
offers to the property owners; that if there were in agreement with the property owners, a
purchase agreement will be brought to the City Council for consideration in open session.
ADJOURNMENT
At 8:34 p.m. the City Council meeting was formally adjourned to Tuesday, June 26, 2007, at
5:30 P.M., for a Closed Session with regular session commencing at 7:00 p.m. in the City
Council Chambers, 43200 Business Park Drive, Temecula, California.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
RIMinutesl061207
12
I~-- .
,
II
ITEM NO.3
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
(JO...,.
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Genie Roberts, Director of Finance
DATE:
July 10, 2007
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Accounting Manager
Jada Yonker, 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 $13,796,739.02.
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 10th day ofJu Iy, 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 10th day of July, 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
06/21/2007 TOTAL CHECK RUN:
$ 3,450,381.88
9,629,389.64
209,865.43
507,102.07
$ 13,796,73902
06/28/2007 TOTAL CHECK RUN:
06/21/2007 TOTAL PAYROLL RUN:
06/28/2007 TOTAL PAYROLL RUN:
TOTAL LIST OF DEMANDS FOR 07/10/07 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 6,190,78801
165 RDA LOW /MOD - 20% SET ASIDE 24,388.99
190 TEMECULA COMMUNITY SERVICES DISTRICT 271,141.84
192 TCSD SERVICE LEVEL B 62,834.99
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 29,912.86
194 TCSD SERVICE LEVEL D 2,122,504.43
195 TCSD SERVICE LEVEL R 4,262.00
196 TCSD SERVICE LEVEL "L" LAKEPARKMAINT. 6,149.47
197 TEMECULA LIBRARY FUND 5,801.27
210 CAPITAL IMPROVEMENT PROJECTS FUND 1,774,613.13
280 REDEVELOPMENT AGENCY - CIP PROJECT 16,730.56
300 INSURANCE FUND 2,905.77
320 INFORMATION SYSTEMS 115,435.77
330 SUPPORT SERVICES 3,380.31
340 FACILITIES 20,261.57
380 RDA 2002 TABS DEBT SERVICE FUND 74,250.86
472 CFD 01-2 HARVESTON A&B DEBT SERVICE 508,666.34
473 CFD 03-1 CROWNEHILLDEBT SERVICE FUND 482,421.13
474 AD03-4JOHNWARNERROAD DEBT SERVICE 43,006.07
475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 965,519.77
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 156,355.06
477 CFD- RORIP AUGH 198,441.32
$ 13,079,771.52
001 GENERAL FUND $ 463,186.36
165 RDA LOW /MOD - 20% SET ASIDE 10,401.47
190 TEMECULA COMMUNITY SERVICES DISTRICT 164,233.89
192 TCSD SERVICE LEVEL B 302.47
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 7 ,818.33
194 TCSD SERVICE LEVEL D 1,676.37
196 TCSD SERVICE LEVEL "L" LAKEPARKMAINT. 837.45
280 REDEVELOPMENT AGENCY - CIP PROJECT 5,746.98
300 INSURANCE FUND 2,396.65
320 INFORMATION SYSTEMS 40,766.15
330 SUPPORT SERVICES 6,091.61
340 FACILITIES 13,509.77
716,967.50
TOTAL BY FUND: $ 13,796,73902
apChklst Final Check List Page: 1
06/21/2007 11 :20:50AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
877 06/21/2007 000444 INSTATAX (EDD) State Income Taxes Payment 14,448.20 14,448.20
878 06/21/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 50,409.01 50,409.01
116600 06/19/2007 002185 POSTMASTER Postage:"lnside Temecula" newsletters 5,171.85 5,171.85
116601 06/21/2007 004594 2 HOT ACTIVEWEAR Uniform Motorboats: Police 390.59 390.59
116602 06/21/2007 004765 ACTIVE NETWORK INC, THE Refund:Creative Beginnings 54.00 54.00
116603 06/21/2007 010851 ADAMIAK, DAWN misc supplies: 4th of July Parade 202.44 202.44
116604 06/21/2007 008279 AMERICOMP IN FOSYSTEMS INC External/Internal hard drives: IS 867.39
Adobe Audition 2.0 software:IS 376.05 1,243.44
116605 06/21/2007 008879 BAKER, HOLLY Refund: Taylor level 1 Swimming 45.00 45.00
116606 06/21/2007 002541 BECKER CONSTRUCTION SRVS Street maint:rainbow cyn rd 6,548.20 6,548.20
INC
116607 06/21/2007 005096 BENSON, ANNE Refund: Cole-level 6/7 SWimming 40.00
Refund: Blake-level 4/5 Swimming 40.00
Refund: Brock-level 6/7 Swimming 40.00 120.00
116608 06/21/2007 002377 BEST BUY COMPANY INC Sony battery chgr-digital camera:Fire 66.79 66.79
116609 06/21/2007 008605 BONTERRA CONSULTING Apr/May silt removal:RRSP 2,890.00 2,890.00
116610 06/21/2007 011100 BRADEN C HOGAN MEMORIAL Donation: Humboldt Univ Schl Fund 50.00 50.00
FUND
116611 06/21/2007 009544 BRSC, LLC Grading Deposit Butterfield Rnch Ctr 995.00 995.00
116612 06/21/2007 001054 CALIF BUILDING OFFICIALS 7/9-13 Code Acad: KC,JY,HO 1,380.00 1,380.00
116613 06/21/2007 004248 CALIF DEPT OF JUSTICE- Feb Fingerprinting Svcs: Police 81.00 81.00
ACCTING
116614 06/21/2007 004228 CAMERON WELDING SUPPLY May helium tanks rental/refill:TCSD 40.48 40.48
Page:1
apChklst Final Check List Page: 2
06/21/2007 11 :20:50AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116615 06/21/2007 011102 CASTILLO, CARMEL! Refund: Eric-level 3 Swimming 40.00 40.00
116616 06/21/2007 010434 CATERERS CAFE Refreshments: Info Sys Project Mtg 92.67 92.67
116617 06/21/2007 005417 CINTAS FIRST AID & SAFETY first aid kit supplies: City Hall 82.93 82.93
116618 06/21/2007 001264 COSTCO WHOLESALE EE Computer Prgm: J.Simpson 1,077.49 1,077.49
116619 06/21/2007 001264 COSTCO WHOLESALE Refreshments: recreation prgm 143.22 143.22
116620 06/21/2007 003272 DAISYWHEEL RIBBON Plotter Paper and Ink: GIS 1,043.90 1,043.90
COMPANY INC
116621 06/21/2007 008181 DECAMP, ALEX RYAN FY 05-16 CFD 88-12 reimbursment 776.45 776.45
116622 06/21/2007 003511 DELL COMPUTER CORPORATION 24" Montiors: Library 1,757.33 1,757.33
116623 06/21/2007 002701 DIVERSIFIED RISK May special events premiums 607.79 607.79
116624 06/21/2007 009594 DULCHICELLA Entmnt:st Painting Festival 6/23-6/24 650.00 650.00
116625 06/21/2007 001669 DUNN EDWARDS CORPORATION graffiti removal supplies:pw maint 1,010.72
graffiti pgrm supplies:pw maint 66.57 1,077.29
116626 06/21/2007 000523 EASTERN MUNICIPAL WATER Sewer Insp Fee: Library pwOQ-07 548.74 548.74
DIST
116627 06/21/2007 008704 EDVVARDS,MARYANN Reimb:lnt'1 Shopping Cf:5/20-22:lV 42.96 42.96
116628 06/21/2007 005692 ELMO, ANTHONY Retirement Medical Payment 1,438.40 1,438.40
116629 06/21/2007 002939 ENVIRONMENTAL SYSTEMS ESRI Training: GIS Staff 950.00 950.00
RESEARCH
116630 06/21/2007 001056 EXCEL LANDSCAPE Irrigation repairs:TCC/City Hall 578.22 578.22
116631 06/21/2007 009953 FEDERAL CLEANING Jun janitorial svcs: police mall 400.00 400.00
CONTRACTORS
Page2
apChklst
06/21/2007
11 :20:50AM
Final Check List
CITY OF TEMECULA
Page: 3
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
116632 06/21/2007 001511 FIELDMAN ROLAPP &
ASSOCIATES
profsvcs:cfd 07-01 mall pkg implY
13,241.97
13,241.97
116633 06/21/2007 000166 FIRST AMERICAN TITLE
COMPANY
title svcs:mall expansion-Macy's
500.00
title svcs:mall expansion-TTCA
title svcs:mall expansion-JC Penney
title svcs:ped/bicycle bridge
title svcs:pechanga pkwy implY
lot Book Rpt:27593 Swallow Ct
lot Book Rpt:30532 Bridgeview
500.00
SOD. 00
SOD. 00
500.00
75.00
75.00
2,650.00
Page:3
apChklst Final Check List Page: 4
06/21/2007 11 :20:50AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116634 06/21/2007 003347 FIRST BANKCARD CENTER
007835 GES EXPOSITION SERVICES INC AA Booth:Shopping Ctr Cf:5/20-22/07 2,249.86
011121 FORM-BASED CODES INSTITUTE RJ Regist:FBCI Trng:6/14-16:SF/CD 1,300.00
010767 US AIRWAYS RJ Airiare:FBCI Trng:6/14-16:SF/CD 596.20
000210 LEAGUE OF CALIF CITIES MN Regist:07 Ann'l Conf:9/5-B107 470.00
000210 LEAGUE OF CALIF CITIES SN Regist07 Ann'l Conf:9/5-B/07 450.00
011119 SHERMAN'S DELICATESSEN & SJ City Clrk Team Bldg Event:lunch 248.79
BAKER
011118 PALM SPRINGS AERIAL SJ City Clrk Team Bldg Event 244.40
TRAMWAY
010773 SWEET LUMPY BBQ LLC SJ Refreshments:Council Close Session 234.81
004208 MILANOS SJ Refreshments: budget mtg 187.50
011039 HGV DEP-CONF HOTEL ME Hotel:Shopping Ctr Cf:5/2G-22/07 184.21
RESERVATION
010434 CATERERS CAFE AA Refreshments:Caltrans Mtg 183.06
011039 HGV DEP-CONF HOTEL AA Hotel:Shopping Ctr Cf:5/20-22J07 161.35
RESERVATION
011039 HGV DEP-CONF HOTEL JM Hotel:Shopping Ctr Cf:5/2G-22J07 151.51
RESERVATION
010354 BATTERIES PLUS #316 WH 2 replacement batteries 113.14
000795 FRED PRYOR SEMINARS- SJ Regist:Grammer/Priread:SP:B12 99.00
CAREERTRAC
000795 FRED PRYOR SEMINARS- SJ Regist:Grammer/Priread:NC:B/2 99.00
CAREERTRAC
000733 ABBEY PARTY RENTS SJ Table clothes budget mtg rental 71.60
000795 FRED PRYOR SEMINARS- SJ Regist:Grammer/Priread:GR:B/2 69.00
CAREERTRAC
007749 FISH HOUSE INC. WH Refreshments:lnterveiw Panel 68.65
005531 FRONT STREET BAR & GRILL SN Refreshments:staffMtg 59.29
007044 CLAIM JUMPER RESTAURANT SN Refreshments: TVUSD Mtg 55.09
002652 PAT & OSCARS RESTAURANT RJ Refreshments:Plan Comm Mtg 54.12
011120 FCC CONFERENCECALLSVC RJ Conf Call:Hospital EIR 45.28
006942 ONTARIO AIRPORT AA Prkg:Shopping Ctr Cf:5/2G-22J07 45.00
006942 ONTARIO AIRPORT ME Prkg:Shopping Ctr Cf:5/20-22/07 45.00
011117 DON ALEJANDRO'S TEXAN GRILL JM Meal:Shopping Ctr Cf:5120-22/07 42.22
Page:4
apChklst Final Check List Page: 5
06/21/2007 11 :20:50AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
003021 CINGULAR WIRELESS JM Cellphone equipment 32.31
011039 HGV DEP-CONF HOTEL JM Meal:Shopping Ctr Cf:5/20-22/07 19.00
RESERVATION
003203 ARTISTIC EMBROIDERY SJ City Clrk Team Bldg Shirt 18.32
011111 NATHAN'S FAMOUS HOT DOGS AA Meal:Shopping Ctr Cf:5/20-22/07 6.50
011122 LOGIC LINK JM Misc equipment supplies 5.97
009462 RIVIERA HOTEL SN Refund: Htl:ICSC Cf:5/18-24 -215.82 7,394.36
116635 06/21/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
116636 06/21/2007 007866 G C S SUPPLIES INC Toner and cartridges:lnfo Sys 195.99 195.99
116637 06/21/2007 010881 GLASS ILLUMINATIONS INC Fiber Optic structural support:Library 2,672.04 2,672.04
116638 06/21/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Library 4,693.77 4,693.77
INC
116639 06/21/2007 000711 GRAPHICS UNLIMITED graphic svcs:Dec-May brochures 33,177.74 33,177.74
LITHOGRAPHY
116640 06/21/2007 011103 GUILFORD, DORIS Refund: Doris-Energy Boost/Seniors 35.00 35.00
116641 06/21/2007 011032 GUTIERREZ, JESUS Artist:St Painting Festival 6/23-6/24 400.00 400.00
116642 06/21/2007 000186 HANKS HARDWARE INC Hardware supplies: TCSD Parks 1,157.81
Hardware supplies:TCSD Parks 592.87
Hardware supplies: Fire 511.54
Hardware supplies: PW Maint 433.14
Hardware supplies: PW CIP/LDV 303.16
Hardware supplies: B&S 188.37
Hardware supplies: TV Museum 138.21
Hardware supplies: CRC 118.61
Hardware supplies: City Hall 98.40
Hardware supplies: Library 97.56
Hardware supplies: CRC 93.69
Hardware supplies: Theater 89.08
Hardware supplies: Fire 78.27
Hardware supplies: TV Museum 29.65
Hardware supplies: Info Sys 2.18 3,932.54
116643 06/21/2007 010127 HARDY, JEANNIE Refund:Allie-Jr. Lifeguard Trng 80.00 80.00
PageS
apChklst Final Check List Page: 6
06/21/2007 11 :20:50AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116644 06/21/2007 004811 HEWLETT PACKARD HP Compaq Notebook PC: IS 1,992.91
pickup/return svc-notebooks:IS 254.00 2,246.91
116645 06/21/2007 003198 HOME DEPOT, THE hardware supplies: City Hall 24.77 24.77
116646 06/21/2007 009109 HUSER, REBECCA Refund: Evan-Creative Beginnings 25.00 25.00
116647 06/21/2007 011097 INCENDIO MUSIC Entmnt:st Painting Festival 6/23-24 650.00 650.00
116648 06/21/2007 001123 INDUSTRIAL DISTRIBUTION maint supplies: PW Maint 504.84
GROUP
maint supplies: PW Maint 348.03
maint supplies: PW Maint 80.54 933.41
116649 06/21/2007 011013 INLAND AERIAL SURVEYS, INC. aerial c1r imagery:Pechanga Golf Crs 587.24 587.24
116650 06/21/2007 006713 INTEGRATED MEDIA SYSTEMS Audio/visual reconfig:Library 2,152.36
TV content equip rack:info sys 324.20 2,476.56
116651 06/21/2007 001407 INTER VALLEY POOL SUPPLY pool sanitizing chemicals:crcltes 511.83
INC
pool sanitizing chemicals:crcltes 299.55 811.38
116652 06/21/2007 003296 INTL CODE COUNCIL 3/07-2/08 Citrus Belt Chpt ICC:B&S 60.00 60.00
116653 06/21/2007 011105 JEAN HAYMAN ELEMENTARY Refund:Balance IWVisit 24.50 24.50
SCHOOL
116654 06/21/2007 010095 JEWELL FENCE COMPANY Res ImplY Pgm: Casteel, Maria 4,650.00 4,650.00
116655 06/21/2007 010211 KARWIN, BOB Entmnt:st Painting Festival 6/23-24 300.00 300.00
116656 06/21/2007 001091 KEYSER MARSTON ASSOCIATES May housing consulting svc:RDA 5,850.00
INC
May real estate appraisals:RDA 1,624.02 7,474.02
116657 06/21/2007 001694 KNIGHT PRINTING & PUBLISHING Three-Part Permit Forms: B&S 2,124.22 2,124.22
116658 06/21/2007 007188 LAERDAL MEDICAL CORP. training materials: Paramedics 1,496.82 1,496.82
116659 06/21/2007 011106 LAI, LILLIAN Refund: Jessica-level 1 SWimming 40.00 40.00
116660 06/21/2007 006744 LAMAR CORPORATION, THE June billboard advertising:RDA 3,130.00 3,130.00
Page:6
apChklst Final Check List Page: 7
06/21/2007 11 :20:50AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116661 06/21/2007 011109 LAMB, KAREN LEE Refund: Karen-Piano Jammin' Styles 37.00 37.00
116662 06/21/2007 006861 LARSON, JASON ROY FY 03/04 CFD 88-12 reimbursement 473.00
FY 02103 CFD 88-12 reimbursement 469.30 942.30
116663 06/21/2007 002863 LAWSON PRODUCTS INC hardware supplies: PW Maint 12.39 12.39
116664 06/21/2007 011107 LEE, DAESOO Refund: Janice- Tennis Camp 160.00 160.00
116665 06/21/2007 005639 LEMAY, DIRIKI M. FY 02/03 CFD 88-12 reimbursement 192.48 192.48
116666 06/21/2007 011110 LEWIS, CHERIE Refund: Ryan-level 2 Swimming 40.00 40.00
116667 06/21/2007 003726 LIFE ASSIST INC Medical Supplies: Paramedics 2,513.35
Medical Supplies: Paramedics 34.79 2,548.14
116668 06/21/2007 011112 LYON, MEGAN Refund: room rental/CRC 33.00 33.00
116669 06/21/2007 003782 MAIN STREET SIGNS Misc. signs & supplies:PW Maint 4,929.22
PBSP rules signs 36''x30'' 474.10
handicap prkng sign:City Hall 96.98 5,500.30
116670 06/21/2007 004141 MAINTEX INC custodial supplies:Park Sites 327.54
custodial supplies:Old Town 318.72
custodial supplies:C. Museum 254.53 900.79
116671 06/21/2007 001967 MANPOWER TEMPORARY temp help w/e 06/03 A.C./M.S. 1,048.96 1,048.96
SERVICES
116672 06/21/2007 001256 MARRIOTT HOTEL htlNXT Trng 6/25-28 K.Beal 597.97 597.97
116673 06/21/2007 001256 MARRIOTT HOTEL htlNXT Trng 6/25-28 T.Hafeli 597.97 597.97
116674 06/21/2007 000220 MAURICE PRINTERS INC film ad f1yers:Econ Dev 465.48 465.48
116675 06/21/2007 006992 MCADAM, CONSTANCE JEAN FY 04/05 CFD 88-12 Reimbursement 214.96 214.96
116676 06/21/2007 004951 MIKE'S PRECISION WELDING Dsgn/Fab/lnstall Monument Sign:PBSP 6,568.92 6,568.92
INC.
Page:?
apChklst Final Check List Page: 8
06/21/2007 11 :20:50AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116677 06/21/2007 008091 MILLMORE'S WAA CREW City vehicle detailing svcs:PW Depts 150.00
City vehicle detailing svcs:PW Depts 50.00
City vehicle detail svc:I.S.lC.C.lCntrl 25.00
City vehicle detailing svcs:Planning 20.00
City vehicle detailing svcs:Planning 20.00 265.00
116678 06/21/2007 006146 MT SAN JACINTO COMMUNITY periormance:Street Painting Festival 500.00 500.00
116679 06/21/2007 007096 MUSICIANS WORKSHOP periormance:Street Painting Fest. 6/24 250.00 250.00
116680 06/21/2007 002925 NAPA AUTO PARTS auto partslsupplies:Fire Stn 92 19.47 19.47
116681 06/21/2007 008528 NICHOLS, MELBURG & ROSETTO Apr design:Old Town infrastructure 84,149.79
Apr prof svcs:Civic Center ph II 74,846.79 158,996.58
116682 06/21/2007 002898 NIXON EGLI EQUIPMENT parts/services:PW Maint 772.11 772.11
COMPANY
116683 06/21/2007 002139 NORTH COUNTY TIMES May Western Day ads: RDA 549.51 549.51
116684 06/21/2007 010167 ODYSSEY POWER Install Conduit @ Library 2,820.00 2,820.00
CORPORATION
116685 06/21/2007 006721 OFFICEMAX - A BOISE COMPANY office supplies:Code Enforc 154.04 154.04
116686 06/21/2007 007409 OLD TOWN DINING LLC refund Temporary Use Permit 300.00 300.00
116687 06/21/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 1,099.00
City Vehicle Repair/Maint SVcs 218.60
City Vehicle Repair/Maint SVcs 190.14
City Vehicle Repair/Maint SVcs 135.09
City Vehicle Repair/Maint SVcs 77.37
City Vehicle Repair/Maint SVcs 77.37
City Vehicle Repair/Maint SVcs 77.37
City Vehicle Repair/Maint SVcs 77.37
City Vehicle Repair/Maint SVcs 34.27
City Vehicle Repair/Maint SVcs 34.27
City Vehicle Repair/Maint SVcs 34.27 2,055.12
116688 06/21/2007 004389 OUT OF THE ORDINARY cm & hr dept team bldg 6/28/07 1,546.00 1,546.00
116689 06/21/2007 010581 PERKINS, MICHAEL B reimb:AClS Provider course 250.00 250.00
Page:8
apChklst Final Check List Page: 9
06/21/2007 11 :20:50AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116690 06/21/2007 002498 PETRA GEOTECHNICAL INC Apr Geotech SIYcs:Diaz Rd Alignment 5,490.00 5,490.00
116691 06/21/2007 000249 PETTY CASH Petty Cash Reimbursement 599.27 599.27
116692 06/21/2007 007484 PHILIPS MEDICAL SYSTEMS INC misc supplies:Paramedics 784.42 784.42
116693 06/21/2007 010338 POOL & ELECTRICAL PRODUCTS pool supplies & chemicals:TES/CRC 177.32 177.32
INC
116694 06/21/2007 000253 POSTMASTER Express Mail & Postal Svcs 46.40 46.40
116695 06/21/2007 000254 PRESS ENTERPRISE COMPANY 6/22107-6/19/08 subscr 6683902 165.37 165.37
INC
116696 06/21/2007 007051 RALPHS tcktslDel Mar Fair sr excursion 6/28/07 134.00 134.00
116697 06/21/2007 002072 RANCHO CALIF WATER DIST- Digital Ortho Photo:Gis 20,240.00
FEES
Digital Ortho Photo:Gis 6,875.00 27,115.00
116698 06/21/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 20,459.94
Jun 01-02-02001-0 Rancho Vista Rd 436.42
Various PWWater Meters 273.83
Various RDA Water Meters 67.39 21,237.58
116699 06/21/2007 003591 RENES COMMERCIAL weed abatement:Citywide 15,000.00 15,000.00
MANAGEMENT
116700 06/21/2007 004498 REPUBLIC INTELLIGENT repair street lighting:PW Traf 4,200.95 4,200.95
116701 06/21/2007 005807 RESOURCE STRATEGIES INC Digital Aeriallmagery:GIS 8,943.25 8,943.25
116702 06/21/2007 000418 RIVERSIDE CO CLERK & Res ImplY Prgm: L. Worthey 11.00 11.00
RECORDER
116703 06/21/2007 000418 RIVERSIDE CO CLERK & Res ImplY Prgm: C. & S. Alder 11.00 11.00
RECORDER
116704 06/21/2007 000268 RIVERSIDE CO HABITAT May 2007 K-Rat payment 4,638.50 4,638.50
116705 06/21/2007 001592 RIVERSIDE CO INFO May em erg radio rental:Police 1,906.45 1,906.45
TECHNOLOGY
Page:9
apChklst Final Check List Page: 10
06/21/2007 11 :20:50AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116706 06/21/2007 003587 RIZZO CONSTRUCTION INC remove/replace carpet/3 stairways:C.H. 6,727.00 6,727.00
116707 06/21/2007 001097 ROADLlNE PRODUCTS INC Misc supplies:PW Maint 275.25 275.25
116708 06/21/2007 000271 ROBERT BEIN VVM FROST & Apr prof svcs:O.T. Infrastructure Prjts 17,663.00 17,663.00
ASSOC
116709 06/21/2007 008878 RUETZ, JEANNINE refund:level 6/7 Swim lessons/Jessica 40.00 40.00
116710 06/21/2007 011113 RUPP, LEE prof svcs:Street Painting Fest. 6/23-24 400.00 400.00
116711 06/21/2007 004598 S T KARCHITECTURE INC Osgn Svcs:Wolf Creek Fire Stn 1,863.75 1 ,863.75
116712 06/21/2007 008515 SAM DE FAZIO'S GOODTIME entertainment:MPSC 6/22107 400.00 400.00
BAND
116713 06/21/2007 010089 SECURITAS SECURITY SRVCS 5/25-31/07 security svcs:Fire Stn 95 1,452.16
USA
6/1-7/07 security svcs:Fire stn 95 1,338.35
5/18-24/07 security svcs:Fire Stn 95 1,169.68 3,960.19
116714 06/21/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment lO File # 2005033893 150.00 150.00
116715 06/21/2007 004609 SHREDFORCE INC May doc.shredding svcs:Rcrds Mgmt 110.00
May doc.shredding svcs:Police Old Town 32.50
May doc.shredding svcs:Police Mall Stn 24.00
May doc.shredding svcs:CRC 22.50 189.00
116716 06/21/2007 008823 SILVER STAR PAINTING Res ImplY Prgm:J. & C. Reilly 2,980.00 2,980.00
116717 06/21/2007 000645 SMART & FINAL INC supplies:Youth Film Festival 175.73
supplies:Youth Film Festival 163.56 339.29
116718 06/21/2007 003002 SMOOTH ILL SPORTS misc equipment:skate park pgrm 717.93
DISTRIBUTORS
misc equipment:skate park pgrm 51.48 769.41
116719 06/21/2007 000537 SO CALIF EDISON June 2-01-202-7330 various mtrs 62,622.14
Jun 2-01-202-7603 arterial st lights 22,787.11
June 2-00-397-5059 various mtrs 13,602.27
May 2-29-224-0173 Fire Stn 2,730.96
June 2-26-887-0789 various mtrs 1,367.17
June 2-27-560-0625 Oeerhollow Way 1,252.11
June 2-25-393-4681 TES Pool 826.34
June 2-28-397-1315 Redhawk Pkwy 16.38 105,204.48
Page:10
apChklst Final Check List Page: 11
06/21/2007 11 :20:50AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116720 06/21/2007 003495 SO CALIF EDISON Refund:O\ffpmt encroachment prmt 54.00 54.00
116721 06/21/2007 001972 STANLEY R HOFFMAN Fiscal Study:Sphere Of Influence 7,777.29
ASSOCIATES
Fiscal Study:Santa Marg Annexation 6,050.00 13,827.29
116722 06/21/2007 003840 STRONGS PAINTING Paint out graffiti on city signs 200.00 200.00
116723 06/21/2007 003599 T Y L1N INTERNATIONAL 3/31-5/04/07 Svcs:Bridge Inspections 780.00 780.00
116724 06/21/2007 000305 TARGET BANK BUS CARD SRVCS misc supplies:youth activities pgrm 446.15
recreation suppliesTCC 404.99
hospitality supplies Theater 259.46
hospitality supplies Theater 207.15
gym supplies:CRC 137.83
recreation supplies:Cultural Arts 103.02
recreation supplies:Cultural Arts 98.05
hospitality supplies Theater 79.07
misc supplies:F.I.T. pgrm 78.44 1,814.16
116725 06/21/2007 010679 TEMECULA AUTO City vehicle maint:Paramedics 831.91
REPAIR/RADIATOR
City Vehicle MaintFire Prevention 228.62
City Vehicle MaintFire Prevention 60.00 1,120.53
116726 06/21/2007 001035 TEMECULA ENVIRONMENTAL Jan-Jun '07 trash hauling services 2,405,601.00
Jul-Dec '06 trash hauling services 6,979.45
credit:Jan-Jun '07 trash hauling svcs -291,271.38 2,121,309.07
116727 06/21/2007 010848 TEMECULA PLANTSCAPE Jun lease interior plants: library 400.00 400.00
116728 06/21/2007 000307 TEMECULA TROPHY COMPANY recogn award:C.H.S. 16.16 16.16
116729 06/21/2007 009194 TEMECULA VALLEY NEWS May advertising:cultural arts pgrm 429.60 429.60
116730 06/21/2007 011104 TEMECULA VL Y FAMILY refund:Eng Deposit/31205 Pauba Rd 995.00 995.00
DENTISTRY
116731 06/21/2007 004030 TEMECULA VOLUNTEER FIRE reimb:promotional supplies 61.58 61.58
DEPT
116732 06/21/2007 004735 THAI, KHAM VAN FY 02/03 CFD 88-12 Reimbursement 521.44 521.44
116733 06/21/2007 010907 THREE OLD MEN LLC air diverters: City Hall/Mntc Fac 716.54
Air Diverters: City Hall 106.20 822.74
Page:11
apChklst Final Check List Page: 12
06/21/2007 11 :20:50AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116734 06/21/2007 010276 TIME WARNER CABLE 6/15-7/14 high speed internet Stn 92 44.95
6/11-7/10 high speed internet RR 44.95 89.90
116735 06/21/2007 011116 TIMMONS, WENDY refund:5102.115/5107.106 Swim lessons 120.00 120.00
116736 06/21/2007 000978 TIP OF SW RIVERSIDE COUNTY 3rd Qtr Emerg. Response Vol. Prgm 2,442.00
INC
4th Qtr Emerg. Response Vol. Prgm 2,442.00 4,884.00
116737 06/21/2007 002452 TOP LINE INDUSTRIAL misc parts:PW Maint 31.00 31.00
116738 06/21/2007 007433 TOVEY SHULTZ CONSTRUCTION May prgs pmt #10:Field Oper Ctr PW0306 442,368.29 442,368.29
INC
116739 06/21/2007 002702 US POSTAL SERVICE Postage meter deposit 3,337.96 3,337.96
116740 06/21/2007 011115 UNDERWOOD, COLLEEN refund:5070.202lParent N Me Swim 40.00 40.00
116741 06/21/2007 008517 UNITED SITE SERVICES OF 5/26-6/22/07 Fence Rental:Educ Ctr Grd 298.68
CA,INC
5/24-6/20/07 fence rental:Main St Bridge 26.40 325.08
116742 06/21/2007 011114 VERBANIC, CARL refund:4th of July vendor 75.00 75.00
116743 06/21/2007 004261 VERIZON June xxx-5072 general usage 4,780.73
June xxx-1341 Theater 409.96
June xxx-0073 general usage 252.64
June xxx-6812 General usage 89.93
June xxx-1941 PTA CD TTACSD 66.78
June xxx-4723 Police storefront 39.29
June xxx-391 0 1 st St Irrigation 36.67
June xxx-7562 irrigation controller 35.55
June xxx-5473 Moraga Rd 33.29
June xxx-8573 general usage 33.07
June xxx-2372 Wlf Crk Irrg Cntrl 33.07 5,810.98
116744 06/21/2007 010245 VILLA, DOLORES Retirement Medical Payment 557.10 557.10
116745 06/21/2007 008223 VINCENT, CLAYTON P. FY 03/04 CFD 88-12 Reimbursement 192.16 192.16
116746 06/21/2007 009101 VISION ONE INC May Showare ticketing srvcs:theater 1,384.60 1,384.60
116747 06/21/2007 001890 VORTEX DOORS repair garage door @ Fire Stn 84 174.95 174.95
Page:12
apChklst
06/21/2007
11 :20:50AM
Final Check List
CITY OF TEMECULA
Page: 13
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor Description
Amount Paid
Check Total
116748 06/21/2007 001342 WAXIESANITARYSUPPlYINC janitorial supplies: City Hall
295.16
295.16
116749 06/21/2007 003730 WEST COAST ARBORISTS INC 5/16-31/07tree/stump removal:var.loc.
976.00
116750 06/21/2007 008402 WESTERN RIVERSIDE COUNTY May 2007 MSHCP payment
236,561.13
Grand total for UNION BANK OF CALIFORNIA:
976.00
236,561.13
3,450,381.88
Page:13
apChklst
06/21/2007
11 :20:50AM
Final Check List
CITY OF TEMECULA
Page: 14
153
checks in this report.
Grand Total All Checks:
3,450,381.88
Page:14
apChklst Final Check List Page: 1
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
879 06/11/2007 005460 U S BANK RDA Debt Srvc Payment 74,250.86 74,250.86
880 06/21/2007 005460 U S BANK 06/07 SS#2 Payment 2,354,409.69 2,354,409.69
881 06/28/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 6,711.80 6,711.80
NATIONWIDE RETIREMENT
882 06/28/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 116,155.83 116,155.83
RETIREMENT)
883 06/28/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,603.48 20,603.48
SOLUTION
884 06/28/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 87,889.62 87,889.62
885 06/28/2007 000444 INSTATAX (EDD) State Disability Ins Payment 21,241.04 21,241.04
116751 06/25/2007 000418 RIVERSIDE CO CLERK & ntclexemption filing fee:Field Oper Ctr 64.00 64.00
RECORDER
116752 06/28/2007 001700 A PLUS TEACHING MATERIALS tiny tot class supplies: CRC 59.66 59.66
116753 06/28/2007 004973 ABACHERLI, L1NDI TCSD instructor earnings 760.00 760.00
116754 06/28/2007 010851 ADAMIAK, DAWN reimb:4th of July Parade supplies 60.05 60.05
116755 06/28/2007 011137 ADIKES, KIM lost material chg:Mr. Tanens Ties 15.95
lost material charge:Dragon Tales 14.94
lost Material Charge:FriendslPrincesss 11.99 42.88
116756 06/28/2007 008552 ADKINS DESIGN CONSULTING May brochure design:Cultural Arts 886.03
May brochure design:Cultural Arts 682.55 1,568.58
116757 06/28/2007 005068 ADKISSON, CANDICE reimb:lunch for Smart Pgm Staff Tmg 64.65 64.65
116758 06/28/2007 010983 ALL AMERICAN SERVICE & Street Maint Supplies:Pw Maint 7,152.99 7,152.99
SUPPLY
116759 06/28/2007 009374 ALLEGRO MUSICAL VENTURES Piano Tuning/Maint Svc: Library 135.00 135.00
116760 06/28/2007 004240 AMERICAN FORENSIC NURSES Drug & Alcohol Testing: Police 756.00
Drug & Alcohol Testing: Police 562.00 1,318.00
Page:1
apChklst Final Check List Page: 2
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116762 06/28/2007 008595 AMERICAN INTL GROUP INC Workers' Camp Audit Fy 06/07 61,834.00
Worker's Camp June '07 36,615.00 98,449.00
116763 06/28/2007 007242 AMERICAN REGISTRY FOR internet traffic routing: Info Sys 100.00 100.00
INTERNET
116764 06/28/2007 008279 AMERICOMP IN FOSYSTEMS INC Marantz PMD570 Digital Recorder 1,065.65
Misc computer equip: IS Library 245.05
Misc computer equip: IS Library 92.67
Misc computer equip: IS Library 49.57 1,452.94
116765 06/28/2007 002187 ANIMAL FRIENDS OF THE May animal control services 12,500.00 12,500.00
VALLEYS
116766 06/28/2007 000101 APPLE ON E INC temp help ppe 6/2 Jepsen, laurie 123.92
temp help ppe 6/9 KnolT, Monica 112.65 236.57
116767 06/28/2007 003203 ARTISTIC EMBROIDERY Recognition shirts: Finance 864.16
Uniform shirts:pw inspectors 280.15 1,144.31
116768 06/28/2007 008879 BAKER, HOLLY Refund: Colin-level 6/7 Swimming 40.00 40.00
116769 06/28/2007 005709 BAMM PROMOTIONAL Recognition shirts:day camp 1,000.00 1,000.00
PRODUCTS
116770 06/28/2007 003221 BEAL, KELLI Reimb:ESRI Conf:6/2G-21 :SanDiego 690.00 690.00
116771 06/28/2007 002541 BECKER CONSTRUCTION SRVS Citywide AC saw cutting svc:pw 4,245.00 4,245.00
INC
116772 06/28/2007 004040 BIG FOOT GRAPHICS TCSD instructor earnings 700.00 700.00
116773 06/28/2007 005716 BIRTH CHOICE OF TEMECULA FY 06/07 Comm Svc Grant Fund 850.00 850.00
116774 06/28/2007 011015 BRICKLEY CONSTRUCTION CO, Mold Removal: Fire Stn 73 1,750.00 1,750.00
INC.
116775 06/28/2007 004176 BROADWING Jun long distance & internet svcs 750.98 750.98
TELECOMMUNICATIONS
116776 06/28/2007 005103 BUCKLEY, TIM Reimb:Nt'1 Preparedness Cf:6/9-13:VA 360.98 360.98
116777 06/28/2007 005644 BURDICK, JEFFREY A FY 03/04 cfd 88-12 reimbursement 192.16 192.16
Page2
apChklst Final Check List Page: 3
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116778 06/28/2007 009082 C B C TECHNICAL INC Misc Supplies: Theater 361.99 361.99
116779 06/28/2007 003138 CAL MAT PW patch truck materials 322.93
PW patch truck materials 252.93
PW patch truck materials 251.06
PW patch truck materials 136.69 963.61
116780 06/28/2007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00
116781 06/28/2007 004248 CALIF DEPT OF JUSTICE- Fingerprinting Svcs:HR & Police 4,566.00 4,566.00
ACCTING
116782 06/28/2007 000131 CARL WARREN & COMPANY INC May claim adjuster services 883.92
May claim adjuster services 389.76 1,273.68
116783 06/28/2007 011135 CHAMBERLIN, KAREN lost material chg:Maisey goes to Library 12.99 12.99
116784 06/28/2007 005417 CINTAS FIRST AID & SAFETY First aid supplies: aquatics pgrm 89.30 89.30
116785 06/28/2007 005385 CLARK TRAINING CENTER RadarTrng 6/11-13: KS, MS, DC 241.00 241.00
116786 06/28/2007 003151 COMMERCIAL TRANSPORTATION StaffTraining:Tcsd Maintenance 1,981.50
SERV
Driver Training: PW Maint crews 1,981.50 3,963.00
116787 06/28/2007 009028 COMMUNICATIONS USA INC radio equip: Theater 571.94 571.94
116788 06/28/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05
116789 06/28/2007 006303 CONDUIT NETWORKS, INC ShoreGear Phone Switch: IS 8,233.18 8,233.18
116790 06/28/2007 001264 COSTCO WHOLESALE Event Supplies: Theater 678.53 678.53
116791 06/28/2007 004123 D L PHARES & ASSOCIATES July lease chg: PO Old Town 2,556.79 2,556.79
116792 06/28/2007 004194 D L T SOLUTIONS INC spotlight software renewal:IS 815.25 815.25
116793 06/28/2007 003272 DAISYWHEEL RIBBON Plotter Paper/Ink: GIS 229.22
COMPANY INC
Plotter Paper/Ink: GIS 72.77 301.99
116794 06/28/2007 010778 DAKTRONICS INC. Misc Equipment: Sports Pgm 58.50 58.50
Page:3
apChklst Final Check List Page: 4
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116795 06/28/2007 008533 DAMKO, CHRISTINE Reimb:Frm Based Trng:6/13-16:TX 184.52 184.52
116796 06/28/2007 006392 DAVCON DEVELOPMENT Refund:deposit 41785 Nicole Ln 995.00 995.00
116797 06/28/2007 010593 DEARDS, JOHN Reimb:rplcmt speaker diaphrams 245.11 245.11
116798 06/28/2007 003945 DIAMOND ENVIRONMENTAL Septic:Rrsp North/South Restrooms 350.00
SRVCS
prtbl restrooms:st paint fest 6/23 308.89 658.89
116799 06/28/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 2,171.64
INC
Fuel for City vehicles: PW Maint 1,160.27
Fuel for City vehicles: Planning 600.44
Fuel for City vehicles: B&S 547.40
Fuel for City vehicles: PW lnd Dv 413.34
Fuel for City vehicles: PWCIP 104.03
Fuel for City vehicles: Police 51.09
Fuel for City vehicles: PWTraffic 35.41 5,083.62
116800 06/28/2007 011131 DOYLE, JOANNA Refund:Tom - Ballroom Dancing 30.00
Refund:Joanna - Ballroom Dancing 30.00 60.00
116801 06/28/2007 002390 EASTERN MUNICIPAL WATER June 95366-02 Diego Dr ldscp 403.81
DIST
June 190304-02 Seraphina Rd 267.89 671.70
116802 06/28/2007 007530 EASTMAN, WENDY M. TCSD instructor earnings 1,400.00 1,400.00
116803 06/28/2007 011125 EL CAMINO HOSPITAL Refund: Cite 42870 Depst to wrng acct 20.00 20.00
116804 06/28/2007 004592 ELITE BOBCAT SERVICE INC May const:diaz rd realign phs II 586,144.87
CO# 1 :Diaz Rd Realignmt 22,841.68 608,986.55
116805 06/28/2007 004829 ELLISON WILSON ADVOCACY June state lobbying svc: CM 3,500.00 3,500.00
LLC
116806 06/28/2007 003665 EXCEL TELECOMMUNICATIONS May 07 long distance phone svcs 30.84 30.84
116807 06/28/2007 000478 FAST SIGNS Old Town Signs: RDA 405.31 405.31
116808 06/28/2007 000165 FEDERAL EXPRESS INC 5/25-6/5 express mail svcs 177.87 177.87
116809 06/28/2007 003747 FINE ARTS NETWORK Shakespeare Abridge 6/10-16 507.50 507.50
Page:4
apChklst Final Check List Page: 5
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116810 06/28/2007 009549 FISK, STUART Reimb:Frm Based Trng:6/13-15:TX 347.74 347.74
116811 06/28/2007 002982 FRANCHISE TAX BOARD Support Payment case # 452379267 75.00 75.00
116812 06/28/2007 009097 FULL COMPASS SYSTEMS Misc supplies: Theater 2,903.18
Misc supplies: Theater 220.00 3,123.18
116813 06/28/2007 010326 G E 10NICS INC Oi Tanks:Reverse Osmosis Washer 58.88 58.88
116814 06/28/2007 003792 GRAINGER electrical repairs: fire stn 84 21.96 21.96
116815 06/28/2007 005311 H20 CERTIFIED POOL WATER May pool svc/supplies:CRCfTES 900.00 900.00
SPCL.
116816 06/28/2007 003342 HABITAT FOR HUMANITY Cs Funding:01/02 Thru 05/06 20,000.00 20,000.00
116817 06/28/2007 000186 HANKS HARDWARE INC Hardware supplies: City Hall 45.23
Hardware supplies: TV Museum 21.51 66.74
116818 06/28/2007 006250 HAZ MAT TRANS INC May site demolition:Main St 4,386.18 4,386.18
116819 06/28/2007 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 370.00 370.00
GROUP INC
116820 06/28/2007 011132 HIGDON, STEPHANIE Refund:add'l hours rental 9/1 161.00 161.00
116821 06/28/2007 001013 HINDERLITER DE LLAMAS & sales tax/audit svcs:finance 6,152.74 6,152.74
ASSOC
116822 06/28/2007 007792 HINTON, BEVERLY L. TCSO instructor earnings 126.00 126.00
116823 06/28/2007 005748 HODSON, CHERYL A Support Payment 6.38 6.38
116824 06/28/2007 003198 HOME DEPOT, THE Hardware supplies: City Hall 23.33 23.33
116825 06/28/2007 010550 HOME DEPOT, THE hardware supplies: PW Maint 30.65 30.65
116826 06/28/2007 001517 HORIZON HEALTH June employee assistance pgm 888.80 888.80
116827 06/28/2007 001060 HYATT htl:Accela Cnf 8/5-8/8 Ching/Grove 1,214.22 1,214.22
PageS
apChklst Final Check List Page: 6
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116828 06/28/2007 007767 I C COMPOUND COMPANY cleaning/coating supplies:PWMaint 742.45 742.45
116829 06/28/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,590.59 11,590.59
303355
116830 06/28/2007 004406 IGOE & COMPANY INC June flex benefit plan pmt 380.07 380.07
116831 06/28/2007 001123 INDUSTRIAL DISTRIBUTION misc supplies: PWMaint 424.10
GROUP
misc supplies: PW Maint 346.11
misc supplies: PW Maint 161.71 931.92
116832 06/28/2007 006914 INNOVATIVE DOCUMENT Copiers Maint & Usage: Library 543.19
SOLUTIONS
Canon fax/copier supplies:Ctrl Svcs 261.45 804.64
116833 06/28/2007 006713 INTEGRATED MEDIA SYSTEMS AV Sys Design/Equip: CM 3,163.23 3,163.23
116834 06/28/2007 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals:crcltes 307.D3 307.03
INC
116835 06/28/2007 000198 INTL COUNCIL OF SHOPPING May advertising: Econ Dev 4,460.00 4,460.00
116836 06/28/2007 011133 IRELAND, JAN Refund:Jan - Ballroom Dancing 30.00
Refund:Dick - Ballroom Dancing 30.00 60.00
116837 06/28/2007 003266 IRON MOUNTAIN OFFSITE May Backup Tape Storage: IS 334.50 334.50
116838 06/28/2007 010119 IRS-OIC Sup Pmt Offer # 1000497587 452379267 140.11 140.11
116839 06/28/2007 001186 IRWIN, JOHN TCSD instructor earnings 138.60 138.60
116840 06/28/2007 010428 IT'S A DOGS WORLD K-9 TCSD instructor earnings 490.00 490.00
ACADEMY
116841 06/28/2007 004884 J & W REDWOOD LUMBER CO lumber supplies: PW Maint 129.95
INC
lumber supplies: PW Maint 63.62 193.57
116842 06/28/2007 010093 KENNEY-WHEELER, KRISTI Refund:Samantha Sci Adv Camp 250.00 250.00
Page:6
apChklst Final Check List Page: 7
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116843 06/28/2007 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 623.70
TCSD instructor earnings 510.30
TCSD instructor earnings 425.25
TCSD instructor earnings 340.20
TCSD instructor earnings 283.50
TCSD instructor earnings 255.15
TCSD instructor earnings 255.15
TCSD instructor earnings 255.15
TCSD instructor earnings 226.80
TCSD instructor earnings 170.10
TCSD instructor earnings 113.40
TCSD instructor earnings 113.40
TCSD instructor earnings 113.40
TCSD instructor earnings 85.05 3,770.55
116844 06/28/2007 000548 KIPLINGER LETTER, THE Subscription:6/07-6/0B M.Naggar 89.00 89.00
116845 06/28/2007 006744 LAMAR CORPORATION, THE June billboard advertising: RDA 300.00 300.00
116846 06/28/2007 004412 LEANDER, KERRY D. TCSD instructor earnings 280.00
TCSD instructor earnings 220.50
TCSD instructor earnings 143.50 644.00
116847 06/28/2007 009388 LETS GET PERSONAL Fire promo items: Sister Cities 3,290.69 3,290.69
116848 06/28/2007 004905 LIEBERT, CASSIDY & WHITMORE May HR legal svcs for TE06G-01 858.00 858.00
116849 06/28/2007 003726 LIFE ASSIST INC Medical Supplies: Paramedics 1,164.52 1,164.52
116850 06/28/2007 011134 L1M, ALYSSA lost material chg:\l\lhatcha Got 4.99 4.99
Page:?
apChklst Final Check List Page: 8
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116851 06/28/2007 006897 LORY, SUSAN, J. TCSD instructor earnings 403.20
TCSD instructor earnings 382.20
TCSD instructor earnings 369.60
TCSD instructor earnings 364.00
TCSD instructor earnings 352.80
TCSD instructor earnings 315.00
TCSD instructor earnings 315.00
TCSD instructor earnings 315.00
TCSD instructor earnings 302.40
TCSD instructor earnings 196.00
TCSD instructor earnings 196.00
TCSD instructor earnings 175.00
TCSD instructor earnings 175.00
TCSD instructor earnings 140.00
TCSD instructor earnings 122.50 4,123.70
116852 06/28/2007 004087 LOWES INC misc supplies: Theater 64.46 64.46
116853 06/28/2007 008257 LOYA, MARIANO Bilingual Curriculum Development 280.00 280.00
116854 06/28/2007 003782 MAIN STREET SIGNS misc sign supplies:PW Maint 2,194.07
credit:items returned/PW Maint -193.95 2,000.12
116855 06/28/2007 004141 MAINTEX INC custodial supplies:Library 367.84
Custodial Supplies:Crc 221.26
custodial supplies:C. Museum 207.36
custodial supplies: Maint Fac 154.98 951.44
116856 06/28/2007 004068 MANALlLI, AILEEN TCSD Instructor Earnings 190.75
TCSD Instructor Earnings 178.50
TCSD Instructor Earnings 169.75
TCSD Instructor Earnings 169.75
TCSD Instructor Earnings 96.25
TCSD Instructor Earnings 73.50 878.50
116857 06/28/2007 001967 MANPOWER TEMPORARY temp help w/e 06/10 A.C.lD.C. 1,370.80 1,370.80
SERVICES
116858 06/28/2007 004307 MARINE BIOCHEMISTS Jun water maint:Harveston/Duck Pond 4,855.00 4,855.00
116859 06/28/2007 002666 MASON & MASON REAL ESTATE Pechanga Pkwy Apprasial Srvcs 44,943.81 44,943.81
116860 06/28/2007 000220 MAURICE PRINTERS INC Printing:Community Newsletter 6,100.67 6,100.67
Page:8
apChklst Final Check List Page: 9
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116861 06/28/2007 000944 MCCAIN TRAFFIC SUPPLY INC Traffic Signal Control Cabinets:Pw 12,463.55
Supplies:Pw Traffic 1,185.26 13,648.81
116862 06/28/2007 006571 MELODY'S AD WORKS reimb exp:Street Painting Festival 168.63 168.63
116863 06/28/2007 011129 MIDDLECAMP, TAMRA Reimb:Nt'1 Preparedness Cf:6/9-13:VA 154.48 154.48
116864 06/28/2007 008091 MILLMORE'S WAA CREW City vehicles detailing svcs:PW Depts 175.00
City vehicles detailing svcs:PW Depts 100.00
City vehicle detailing svc:IS/CC/Cntrl 25.00 300.00
116865 06/28/2007 001384 MINUTEMAN PRESS business cards: G. Butler 116.19
business cards: D. Morelock 43.37
business cards: B. Taylor 43.37 202.93
116866 06/28/2007 001892 MOBILE MODULAR 5/9-6/7/07 modular bldg rental:Stn 92 832.40 832.40
116867 06/28/2007 004534 MOBILE SATELLITE VENTURES 6/14-7/13/07 EOC Stn Satellite Phone 72.92 72.92
LP
116868 06/28/2007 000883 MONTELEONE EXCAVATING grading dirt roads:Service level "R" 4,262.00 4,262.00
116869 06/28/2007 004586 MOORE FENCE COMPANY Res ImplY Prgm: S. Alder 3,305.00 3,305.00
116870 06/28/2007 001214 MORNINGSTAR PRODUCTIONS, video prod:every 15 min pgrm 5/31/07 1,SOO.00 1,500.00
LLC
116871 06/28/2007 007096 MUSICIANS WORKSHOP Community Service Funding Award 850.00 850.00
116872 06/28/2007 010273 NIXON PEABODY LLP Mar '07 legal services 63,534.47 63,534.47
116873 06/28/2007 011128 NOLAND, KNUTE Reimb:lnt'1 Shop Cntr Cf:5/1B-23:NV 489.54 489.54
116874 06/28/2007 010167 ODYSSEY POWER fy07-0B AlC & UPS svc plan:City Hall 9,345.60
CORPORATION
fy07-0B AlC & UPS svc plan:Library 6,975.00
fy07-0B AlC & UPS svc plan:PD Mall stn 975.00 17,295.60
116875 06/28/2007 003964 OFFICE DEPOT BUSINESS SVS Display Rack:Tem.Citizen Corp 328.61 328.61
DIV
116876 06/28/2007 011140 OLD TOWN TEMECULA '07 membership dues:Theater 250.00 250.00
BUSINESS
Page:9
apChklst Final Check List Page: 10
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116877 06/28/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 845.58
City Vehicle Repair/Maint SVcs 450.04
City Vehicle Repair/Maint SVcs 175.65
City Vehicle Repair/Maint SVcs 146.97
City Vehicle Repair/Maint SVcs 34.27 1,652.51
116878 06/28/2007 011127 OLSON, CHARLOTTE Refund: Cite 55850 Hearing Dismissal 300.00 300.00
116879 06/28/2007 006849 ON SCENE OUTFITTERS Promo items:Paramedics 2,499.37 2,499.37
116880 06/28/2007 001171 ORIENTAL TRADING COMPANY misc supplies:youth activities pgrm 427.28
INC
misc supplies:Team PACE events 332.04 759.32
116881 06/28/2007 002256 P & 0 CONSULTANTS INC May Inspection srvcs: B.Henderson 12,051.84 12,051.84
116882 06/28/2007 001958 PERS LONG TERM CARE PERS long Term Care Payment 220.12 220.12
PROGRAM
116883 06/28/2007 000249 PETTY CASH Petty Cash Reimbursement 765.92 765.92
116884 06/28/2007 005124 PHENIX TECHNOLOGY Helmets/safety gear: Fire Explorer 694.72 694.72
116885 06/28/2007 001999 PITNEY BOWES Postage Rate Data/Appl:Cntrl Svc 283.39
Postage rate update pckg:Cntrl Svc 283.39 566.78
116886 06/28/2007 000254 PRESS ENTERPRISE COMPANY May display ads:RDAfTCSD/Econ Dev 1,281.21 1,281.21
INC
116887 06/28/2007 005075 PRUDENTIAL OVERALL SUPPLY May uniform/fir mtsltwl rentals:City 1,295.27
credit:amt billed not per contract -36.96 1,258.31
116888 06/28/2007 009748 R K R MEDIA ASSOCIATES INC promotional items:Econ Dev 202.57
credit:billing adjustmentlEcon Dev -86.04 116.53
116889 06/28/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 25,591.92
June 01-04-47210-0 T.E.S. Pool 1,069.51 26,661.43
116890 06/28/2007 002654 RANCHO FORD LINCOLN City vehicle maint svcs:Code Enf 31.53 31.53
MERCURY
116891 06/28/2007 004584 REGENCY LIGHTING electrical supplies:City Hall 72.04
credit:electrical supplies/library -40.67 31.37
116892 06/28/2007 004498 REPUBLIC INTELLIGENT May '07 traf sgnl call outs/repairs 3,106.37
furnish/install-8 cntdwn PED modules 1,880.00
trblsht srvc breaker 5/30/07 311.06 5,297.43
Page:10
apChklst Final Check List Page: 11
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116893 06/28/2007 007402 RICHARD BRADY & ASSOCIATES 4/29-6/2/07 dsgn:Field Oper Ctr 4,044.00 4,044.00
116894 06/28/2007 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 269.50
TCSD Instructor Earnings 210.00
TCSD Instructor Earnings 24.50 504.00
116895 06/28/2007 000418 RIVERSIDE CO CLERK & Feb-Apr '07 release/copy fees:PW/RDA 32.00 32.00
RECORDER
116896 06/28/2007 000406 RIVERSIDE CO SHERIFFS DEPT 3/1/07 - 3/28/07:law enforcement 1,247,500.87
211/07 - 2/28/07:law enforcement 1,209,149.64
1/4/07 - 1/31/07:law enforcement 1,157,198.52
FY 06/07 Facility Expenses 232,958.47
7/1/06 - 1/3/07: Rate Adjustment 202,039.99 4,048,847.49
116897 06/28/2007 000406 RIVERSIDE CO SHERIFFS DEPT May 07 Booking Fees 25,050.87 25,050.87
116898 06/28/2007 001365 RIVERSIDE COUNTY OF permit:4th of July vendor fair 429.00 429.00
116899 06/28/2007 003587 RIZZO CONSTRUCTION INC construct pool chem storage: aquatics 3,200.00
install display case doors/locks: 3,100.00 6,300.00
116900 06/28/2007 001097 ROADLlNE PRODUCTS INC PW stencil truck supplies 1,042.27
maint supplies:PW Maint 808.13
PW stencil truck supplies 188.03 2,038.43
116901 06/28/2007 000873 ROBERTS, RONALD H. Reimb:APTA Commuter Cf:6/2-7:Cnda 116.71 116.71
116902 06/28/2007 000815 ROWLEY, CATHY TCSD Instructor Earnings 504.00
TCSD Instructor Earnings 378.00
TCSD Instructor Earnings 315.00
TCSD Instructor Earnings 189.00
TCSD Instructor Earnings 126.00
TCSD Instructor Earnings 63.00
TCSD Instructor Earnings 63.00 1,638.00
116903 06/28/2007 011126 RUBCIC, SABRINA OR KEVIN Refund: Cite 57255 Hearing Dismissal 25.00 25.00
116904 06/28/2007 006365 RUBIN, STEVEN P. TCSD Instructor Earnings 1,008.00
TCSD Instructor Earnings 672.00
TCSD Instructor Earnings 252.00 1,932.00
116905 06/28/2007 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 723.10
TCSD Instructor Earnings 592.20
TCSD Instructor Earnings 315.00 1,630.30
Page:11
apChklst Final Check List Page: 12
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116906 06/28/2007 011138 RYTI, CHRISTINA refund:0405.201/Smr Day Camp 215.00
refund:0405.204/Smr Day Camp 215.00 430.00
116907 06/28/2007 000277 S & S ARTS & CRAFTS INC recreation supplies:SMART prgrm 1,304.34
recreation supplies:Smr Day Camp 710.10
Art cart supplies:SMART pgrm 340.42 2,354.86
116908 06/28/2007 001942 S C SIGNS Mar public ntc sign postings:Planning 1,105.00
Feb public ntc sign postings:Planning 935.00
Jan-May '07 public ntc postings:C.Clrk 850.00
Apr public ntc sign postings:Planning 850.00
Jan public ntc sign postings:Planning 480.00 4,220.00
116909 06/28/2007 009196 SACRAMENTO THEATRICAL misc supplies:Theater 58.48 58.48
LIGHTING
116910 06/28/2007 001500 SAN DIEGO REGIONAL TRAIN Sprvsr Acad 5/23-6/21/07 J.Voshall 650.00 650.00
CTR
116911 06/28/2007 000278 SAN DIEGO UNION TRIBUNE May var recruitment ads:human res. 831.12 831.12
116912 06/28/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50
116913 06/28/2007 010840 SCAFIDI, MARIE Reimb:Nt'1 Preparedness Cf:6/9-13:VA 119.58 119.58
116914 06/28/2007 010803 SEAN MALEK ENGINEERING & prgs pmt #1 :R.C. Rd-Jeff/I-15 PW0219 362,598.00 362,598.00
CONST
116915 06/28/2007 009736 SEAWORTHY SMALL SHIPS INC. Art Cart Project supplies:SMART prgm 1,155.00 1,155.00
116916 06/28/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment lO File # 2005033893 150.00 150.00
116917 06/28/2007 011136 SHIN, KAREN refund:1550.202lLittle Tots Chef School 45.00 45.00
116918 06/28/2007 011130 SIDHU, NANCY refund :overpaym entlMSHCP 1,651.00 1,651.00
116919 06/28/2007 003870 SIMULAIDS INC Training Equip:Fire Explorer Pgrm 1,335.96 1,335.96
116920 06/28/2007 000697 SISTER CITIES INTERNATIONAL 2007 City membership dues 509.00 509.00
116921 06/28/2007 000751 SKILLPATH INC Manage Work Behavior Sem 7/30 C.B. 199.00 199.00
Page:12
apChklst Final Check List Page: 13
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116922 06/28/2007 000645 SMART & FINAL INC misc supplies:recreation pgrm 398.59
misc supplies:mpsc pgrms 189.30
rirshmnts:youth activities pgrm 188.76
F.IT Program supplies 157.95
Hospitality SuppliesTheater 101.58 1,036.18
116923 06/28/2007 000537 SO CALIF EDISON June 2-02-351-4946 MPSC 1,568.40
June 2-18-937-3152 T.Museum 1,064.42
June 2-28-904-7706 Overland Trail 88.75
June 2-28-331-4847 Pauba Rd 83.17
June 2-21-981-4720 Hwy 79S 64.68
June 2-19-171-8568 Wedding Chpl 57.15
June 2-14-204-1615 Front st Rdio 50.07
June 2-27-371-8494 Offsite Storage 23.02 2,999.66
116924 06/28/2007 001212 SO CALIF GAS COMPANY Various City Fac June chrgs 2,281.94
June 055-475-6169-5 PBSP 197.22 2,479.16
116925 06/28/2007 010942 SONSHINE LANDSCAPE Const:Marg park dog park 78,236.10
COMPANY
credit:billing adjustmentlMarg Dog Park -7,740.00 70,496.10
116926 06/28/2007 000519 SOUTH COUNTY PEST CONTROL pest control svcs:Paloma del Sol Prk 252.00
INC
Jun pest control svcs:Library 90.00
Jun pest control svcs:Fire Stn 73 48.00
Jun pest control svcs:Fire Stn 92 42.00 432.00
116927 06/28/2007 007851 SOUTH COAST HEATING & AIR Hvac Repair & Maint:City Hall 1,134.00
Hvac Repair & Maint:City Hall 807.00
Hvac Blower Motor:Council Chambers 653.00
Hvac Replace Freon:City Hall 504.12
Hvac Repair & Maint:City Hall 140.00
Hvac Repair & Maint:City Hall 122.50 3,360.62
116928 06/28/2007 000293 STADIUM PIZZA INC rirshmnts:Skate Park Competition 5/26 73.09
rfrshmnts:C.Museum mtg 6/12/07 53.83 126.92
116929 06/28/2007 008337 STAPLES BUSINESS misc office supplies:cultural arts pgnn 177.40 177.40
ADVANTAGE
116930 06/28/2007 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings 705.60
TCSD Instructor Earnings 302.40
TCSD Instructor Earnings 940.80 1,948.80
116931 06/28/2007 003840 STRONGS PAINTING paint 13 poles/foul ball net:pbsp 10,000.00 10,000.00
116932 06/28/2007 000305 TARGET BANK BUS CARD SRVCS Recreation supplies: SMART pgrm 848.33
Hospitality supplies Theater 22.70
Hospitality supplies Theater 10.05 881.08
Page:13
apChklst Final Check List Page: 14
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116933 06/28/2007 009500 TEMEC ELECTRONICS, INC misc. tools/equip:PWTraffic 2,028.58 2,028.58
116934 06/28/2007 006305 TEMECULA SISTER CITY ASSN Community Service Funding 800.00 800.00
116935 06/28/2007 008926 TEMECULA STAMPEDE facility rental: Bluegrass Festival '07 2,750.00 2,750.00
116936 06/28/2007 004209 TEMECULA SUNRISE ROTARY Apr-Jun '07 Bus Bench Maintenance 3,000.00 3,000.00
FOUND.
116937 06/28/2007 010046 TEMECULA VALLEY Apr '07 Bus. ImplY District Asmnts 47,574.47 47,574.47
CONVENTION &
116938 06/28/2007 000306 TEMECULA VALLEY PIPE & Irrigation/plumbing supplies:O.T.lPrks 4,378.04 4,378.04
SUPPLY
116939 06/28/2007 004274 TEMECULA VALLEY SECURITY locksmith svcs:PBSP 96.47
CENTR
locksmith svcs:Rancho Vista Prk 80.00
locksm ith svcs: ParksfTheater 44.22 220.69
116940 06/28/2007 001022 THOMPSON PUBLISHING GROUP subscr:Fair labor Std hndbklFinance 378.50 378.50
INC
116941 06/28/2007 010276 TIME WARNER CABLE Jun26-Ju125 high speed internet MPSC 44.95 44.95
116942 06/28/2007 004145 TIME WARNER TELECOM May City phones general usage 1,032.90 1,032.90
116943 06/28/2007 005462 TOL TON, DENNIS R. FY 05/06 CFD 88-12 Reimbursement 183.86 183.86
116944 06/28/2007 009436 TOOKE, MICHAEL Reimb:ICC Certification 70.00 70.00
116945 06/28/2007 002452 TOP LINE INDUSTRIAL equipment parts/supplies:PWMaint 39.15 39.15
116946 06/28/2007 009957 TRIARCO ARTS & CRAFTS LLC Art cart supplies:SMART pgrm 278.09 278.09
116947 06/28/2007 000459 TUMBLE JUNGLE FITNESS GYM TCSD Instructor Earnings 204.40
INC
TCSD Instructor Earnings 189.00 393.40
116948 06/28/2007 009523 TUTORWHIZ TCSD Instructor Earnings 68.60
TCSD Instructor Earnings 34.30
TCSD Instructor Earnings 34.30 137.20
Page:14
apChklst Final Check List Page: 15
06/28/2007 11:27:37AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
116949 06/28/2007 007118 US TELPACIFIC CORPORATION June Internet IP Addresses Block 1,566.19 1,566.19
116950 06/28/2007 009501 U T P GROUP INC Temp Help Ppe 06/08 T. Taylor 247.73 247.73
116951 06/28/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00
116952 06/28/2007 011096 VALLEY GOURMET, THE balance due:4th of July Parade 339.69 339.69
116953 06/28/2007 006807 VANIR CONSTRUCTION Apr constr mgmt: W.C. Fire Stn 29,202.21 29,202.21
116954 06/28/2007 004261 VERIZON June xxx-0074 general usage 288.65
June xxx-3564 alarm 66.15
June xxx-0714 PO Mall Alarm 35.55
June xxx-5275 PO OSl 34.12
June xxx-3984 M.Naggar 33.07
June xxx-6084 general usage 31.97 489.51
116955 06/28/2007 004789 VERIZON ONLINE Internet svcs xx9647 @ Library 479.90 479.90
116956 06/28/2007 009663 VERNON LIBRARY SUPPLIES INC qty 18000 book tags:library 9,000.00
qty 2000 book tags:library 1,078.83 10,078.83
116957 06/28/2007 010399 VOLKER LUTZ ENTERPRISE INC rirshmnts:Mayor's meeting 6/19/07 552.76 552.76
116958 06/28/2007 001890 VORTEX DOORS repair garage door:Rre Stn 84 69.00 69.00
116959 06/28/2007 010003 WALKER, TODD TCSO Instructor Earnings 198.80 198.80
116960 06/28/2007 001342 WAXIE SANITARY SUPPLY INC custodial supplies:City facilities 243.76 243.76
116961 06/28/2007 003730 WEST COAST ARBORISTS INC 3/1-15/07 Citywide tree trimming svcs 10,528.25
trim trees @ Fire Stn 84 693.00 11,221.25
116962 06/28/2007 000621 WESTERN RIVERSIDE COUNCIL May 2007 TUMF Payment 1,182,693.00 1,182,693.00
OF
116963 06/28/2007 000621 WESTERN RIVERSIDE COUNCIL gen.assembly mtg 6/21 J.Comerchero 65.00 65.00
OF
116964 06/28/2007 010243 WESTRUX INT'L TRUCK SALES equip maint supplies:PW Maint 64.68 64.68
INC
Page:15
apChklst
06/28/2007
11:27:37AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
116965 06/28/2007 011139 WHITE, HEATHER
116966 06/28/2007 011124 WilLIAMS, FRANCES B
116967 06/28/2007 003776 ZOll MEDICAL CORPORATION
Final Check List
CITY OF TEMECUlA
(Continued)
Description
Amount Paid
Page: 16
Check Total
refund:0405.204/Smr Day Camp
105.00
105.00
325.00
1,508.96
9,629,389.64
Refund: Cite 52265 Court Dismissal
325.00
Paramedic Medical Supplies
1,508.96
Grand total for UNION BANK OF CALIFORNIA:
Page:16
apChklst
06/28/2007
11:27:37AM
Final Check List
CITY OF TEMECULA
Page: 17
223
checks in this report.
Grand Total All Checks:
9,629,389.64
Page:17
I~-- .
,
II
ITEM NO.4
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
Cl<:1.-
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Genie Roberts, Director of Finance
DATE:
July 10, 2007
SUBJECT:
City Treasurer's Report as of May 31, 2007
PREPARED BY:
Rudy Graciano, Revenue Manager
Shannon Buckley, Accountant
RECOMMENDATION:
Approve and file the City Treasurer's Report as of May 31, 2007.
BACKGROUND: Government Code Sections 53646 and 41004 require reports to the
City Council regarding the City's investment portfolio, receipts, and disbursements respectively.
Adequate funds will be available to meet budgeted and actual expenditures of the City for the next
six months. Current market values are derived from the Local Agency Investment Fund (LA IF)
reports, Union Bank of California trust and custody statements, and from US Bank trust statements.
Attached is the City Treasurer's Report that provides this information.
The City's investment portfolio is in compliance with the statement of investment policy and
Government Code Sections 53601 and 53635 as of May 31,2007.
FISCAL IMPACT:
None.
ATTACHMENTS:
City Treasurer's Report as of May 31, 2007
City of Temecula, California
Portfolio Management
Portfolio Summary
May 31,2007
City of Temecula
43200 Business Park Drive
P.O.80X%33
Temecula, CA, 92590
(951)694-6430
p., Market Book %01 Days to YTM YTM
Investments Value Value Value Portfolio Term Maturity 350 Equiv. 365 Equiv.
Managed Pool Accounts B9,34B,8Bl.2G B9,34B,Wl.2G B9,34B,8Bl.2G 33.B2 , 4.725 4.791
Letter of Credit 3.00 TOG 3.00 0.00 , O.OGG O.OGG
Lccal Agency Inv6<3tmert Funds 8B,25B,988.42 5&,237,B73.71 8B,25B,9W.42 41.82 , 5.17B 5.248
FederalAgencyCallableSocurities 41,795,000.00 41,470,215.25 41,788,485.00 2O.2B 1,193 ';0 3.9se 4.011
TreasuryCol{lonSocuriti6<3 825,000.00 815,581.25 809,232.BB 0.39 m C'" 5.22& 5.299
FederalAgElllcyBuletS~llities 3,GGG,GGO.OG 2,995,000.00 3,GGG,GGO.OG 145 no m 4.B3G 4.B94
Investment Contracts 5,GBB,48S.lB 5,GBB.488.7B 5,GBB,488.7B 2.4B 9,33B 7,4G2 4.289 4.349
206,290,341.38 205,931,823.17 206,268,059.04 100.00% 486 281 4.748 4.814
Investments
Cash and Accrued Interest
Passbook/Chockirr;] 5,lB5,11B.2G 5,lB5,11B.W 5,lB5.11B.2G G.B37 G.B4B
(rKltincludooin'yieldcalculatioos)
Accrued Interest at Purchase 851.39 851.39
Subtotal 5,lB5,9B7.59 5,lB5,9B7.59
Total Cash and Investments 211,455,457.58 211,097,790.76 211,434,026.63 486 281 4.748 4.814
Total Earnings May31 Month Ending Fiscal Year To Date
GurrentYear 778.415.55 8,260,587.g3
Average Daily Balance 194,355,048.35 189,977,649.89
Effective Rate of Return 4.72% 4.74%
Reporting period 05/0112007-05/3112007
Portfolio T8v1E
CP
PM (PF*'_PM1)SymFlept8.41.2D2a
FleportVer.5.DD
Run Date: D8!28120D7. 15:1D
City of Temecula, California
Portfolio Management Page 2
Portfolio Details - Investments
May 31, 2007
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Managed Pool Accounts
104348013 01-2COI First American Treasury 09/01/2006 0.00 0.00 0.00 4.600 4.537 4.600
104348008 01-2 IMP First American Treasury 09/01/2006 246,850.58 246,850.58 246,850.58 4.600 4.537 4.600
104348006 01-2 RES A First American Treasury 09/01/2006 454,271.02 454,271.02 454,271.02 4.600 4.537 4.600
104348016 01-2 RES B First American Treasury 09/01/2006 209,119.92 209,119.92 209,119.92 4.600 4.537 4.600
104348000 01-2 SP TAX First American Treasury 09/01/2006 130,118.32 130,118.32 130,118.32 4.600 4.537 4.600
94669911 03-1 ACQA1 First American Treasury 4,101.31 4,101.31 4,101.31 4.600 4.537 4.600
94669921 03-1 ACOB1 First American Treasury 14,507.08 14,507.08 14,507.08 4.600 4.537 4.600
94669902 03-1 BOND First American Treasury 0.34 0.34 0.34 5.880 5.799 5.880
94669906 03-1 RESA1 First American Treasury 0.01 0.01 0.01 4.740 4.675 4.740
94669916 03-1 RES B First American Treasury 239,208.37 239,208.37 239,208.37 4.600 4.537 4.600
94669000 03-1 SPTAX First American Treasury 206,635.42 206,635.42 206,635.42 4.600 4.537 4.600
793593011 03-2 ACO First American Treasury 39,533,491.74 39,533,491.74 39,533,491.74 4.600 4.537 4.600
793593003 03-2 CAP I First American Treasury 48.69 48.69 48.69 4.600 4.537 4.600
793593009 03-2 EMW D First American Treasury 1,446,836.99 1,446,836.99 1,446,836.99 4.600 4.537 4.600
793593007 03-2 IMP First American Treasury 1,113,360.93 1,113,360.93 1,113,360.93 4.600 4.537 4.600
793593010 03-2 PW ADM First American Treasury 686,028.25 686,028.25 686,028.25 4.600 4.537 4.600
793593006 03-2 RES First American Treasury 3,670,850.59 3,670,850.59 3,670,850.59 4.600 4.537 4.600
793593000 03-2 SP TX First American Treasury 02/01/2007 123,691.40 123,691.40 123,691.40 4.600 4.537 4.600
744727011 03-3 ACO 1 First American Treasury 8,728.38 8,728.38 8,728.38 4.600 4.537 4.600
744727002 03-3 BON D First American Treasury 0.51 0.51 0.51 3.920 3.866 3.920
744727007 03-3 CITY 1 First American Treasury 07/01/2006 107.17 107.17 107.17 4.600 4.537 4.600
744727009 03-3 EMW D 1 First American Treasury 970.92 970.92 970.92 4.600 4.537 4.600
94669000 03-3 SP TAX First American Treasury 222,231.64 222,231.64 222,231.64 4.600 4.537 4.600
94686001 03-4 ADMIN First American Treasury 17,168.68 17,168.68 17,168.68 4.600 4.537 4.600
94686005 03-4 PREPMT First American Treasury 3,908.22 3,908.22 3,908.22 4.600 4.537 4.600
94686000 03-4 REDEMP First American Treasury 26,768.95 26,768.95 26,768.95 4.600 4.537 4.600
94686006 03-4 RES First American Treasury 7,644.66 7,644.66 7,644.66 4.600 4.537 4.600
78776002 03-6 BON D First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740
786776007 03-6 IMP First American Treasury 6.70 6.70 6.70 4.630 4.567 4.630
786776006 03-6 RES First American Treasury 349,984.63 349,984.63 349,984.63 4.600 4.537 4.600
786776000 03-6 SP TAX First American Treasury 13,362.87 13,362.87 13,362.87 4.600 4.537 4.600
95453510 88-12 BOND First American Treasury 93.52 93.52 93.52 4.600 4.537 4.600
95453515 88-12 DMR 1 First American Treasury 155,527.85 155,527.85 155,527.85 4.600 4.537 4.600
95453516 88-12 RES 1 First American Treasury 0.00 0.00 0.00 4.740 4.675 4.740
107886000 RDA 06 A INT First American Treasury 01/29/2007 26.36 26.36 26.36 4.590 4.527 4.590
107886008 RDA 06 CIP A First American Treasury 12/14/2006 170.88 170.88 170.88 4.600 4.537 4.600
107886018 RDA 06 CIP B First American Treasury 12/14/2006 322.09 322.09 322.09 4.600 4.537 4.600
107886009 RDA 06 COI A First American Treasury 12/14/2006 35,269.54 35,269.54 35,269.54 4.600 4.537 4.600
107886019 RDA 06 COI B First American Treasury 12/14/2006 6,229.12 6,229.12 6,229.12 4.600 4.537 4.600
Portlolio TEME
CP
Run Date: 06/26/2007-15:10 PM (PRF _PM2) SymRept 6.41.202a
ReportVer.5.00
City of Temecula, California
Portfolio Management Page 3
Portfolio Details - Investments
May 31, 2007
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Managed Pool Accounts
107886016 RDA 06 RES B First American Treasury 12/14/2006 5,303.26 5,303.26 5,303.26 4.600 4.537 4.600
94434160 RDA TABs INT First American Treasury 181.07 181.07 181.07 4.600 4.537 4.600
94432360 TCSD COPs IN First American Treasury 752.89 752.89 752.89 4.600 4.537 4.600
107886008-1 RDA 06 CIP-1 CA local Agency Investment Fun 12/14/2006 17,597,532.51 17,597,532.51 17,597,532.51 5.248 5.176 5.248
107886018-2 RDA 06 CIP-2 CA local Agency Investment Fun 12/14/2006 2,815,445.80 2,815,445.80 2,815,445.80 5.248 5.176 5.248
107886006 RDA 06 RES A MBIA Surety Bond 12/14/2006 1.00 1.00 1.00 2.190 2.160 2.190
94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190
---
Subtotal and Average 69,339,878.54 69,346,861.20 69,346,861.20 69,346,861.20 4.725 4.791
Letter of Credit
104348006-1 02008 ASSURANCE CO BOND INSURANCE 09/01/2006 1.00 1.00 1.00 0.000 0.000
793593006-2 02006 Citibank, NA 07/01/2006 1.00 1.00 1.00 0.000 0.000
793593006-1 02005 Ohio Savings Bank 07/01/2006 1.00 1.00 1.00 0.000 0.000
---
Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000
Local Agency Investment Funds
94669911-1 03-1 ACO A2 CA local Agency Investment Fun 1,413,652.45 1,413,652.45 1,413,652.45 5.248 5.176 5.248
94669921-1 03-1 ACO B2 CA local Agency Investment Fun 3,565,805.06 3,565,805.06 3,565,805.06 5.248 5.176 5.248
744727011-1 03-3 ACO 2 CA local Agency Investment Fun 8,611,704.61 8,611,704.61 8,611,704.61 5.248 5.176 5.248
744727007-1 03-3 CITY 2 CA local Agency Investment Fun 2,973,561.39 2,973,561.39 2,973,561.39 5.248 5.176 5.248
744727009-1 03-3 EMW D 2 CA local Agency Investment Fun 848,353.24 848,353.24 848,353.24 5.248 5.176 5.248
786776007-1 03-6 IMP 1 CA local Agency Investment Fun 478,321.91 478,321.91 478,321.91 5.248 5.176 5.248
SYSCITY CITY CA local Agency Investment Fun 34,139,380.35 34,129,735.27 34,139,380.35 5.248 5.176 5.248
SYSRDA RDA CA local Agency Investment Fun 24,601,735.71 24,594,785.20 24,601,735.71 5.248 5.176 5.248
SYSRDA TABS-4 RDA TABs-4 CA local Agency Investment Fun 0.00 0.00 0.00 5.129 5.059 5.129
SYSTCSD TCSD CA local Agency Investment Fun 9,624,473.70 9,621,754.58 9,624,473.70 5.248 5.176 5.248
---
Subtotal and Average 72,765,601.32 86,256,988.42 86,237,673.71 86,256,988.42 5.176 5.248
Federal Agency Callable Securities
31331XBC5 01056 Federal Farm Credit Bank 10/19/2006 2,000,000.00 1,998,120.00 2,000,000.00 5.500 5.425 5.500 1,601 10/19/2011
31331XCZ3 01057 Federal Farm Credit Bank 11/13/2006 1,000,000.00 998,440.00 1,000,000.00 5.250 5.178 5.250 B96 11/13/2009
31331XMA7 01058 Federal Farm Credit Bank 01/18/2007 2,000,000.00 1,993,120.00 2,000,000.00 5.400 5.326 5.400 1,692 01/18/2012
3133X55G9 01014 Federal Home loan Bank 04108/2004 3,050,000.00 3,009,984.00 3,050,000.00 3.100 3.058 3.101 221 01/08/2008
3133X52S6 01015 Federal Home loan Bank 04107/2004 2,965,000.00 2,924,231.25 2,965,000.00 3.000 2.960 3.001 220 01/07/2008
3133X55H7 01016 Federal Home loan Bank 03/29/2004 3,000,000.00 2,960,640.00 3,000,000.00 3.000 2.960 3.001 210 12/28/2007
3133X55H7 01017 Federal Home loan Bank 03/29/2004 1,000,000.00 986,880.00 1,000,000.00 3.000 2.960 3.001 210 12/28/2007
3133X5DV7 01018 Federal Home loan Bank 04/14/2004 1,000,000.00 986,880.00 1,000,000.00 3.150 3.108 3.151 227 01/14/2008
3133X5GE2 01019 Federal Home loan Bank 04/15/2004 2,000,000.00 1,972,500.00 2,000,000.00 3.070 3.029 3.071 22B 01/15/2008
Portlolio TEME
CP
Run Date: 06/26/2007-15:10 PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management Page 4
Portfolio Details - Investments
May 31, 2007
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Federal Agency Callable Securities
3133X5K49 01020 Federal Home loan Bank 04/16/2004 1,000,000.00 986,560.00 1,000,000.00 3.125 3.083 3.126 229 01/16/2008
3133X5QF8 01021 Federal Home loan Bank 04/22/2004 2,000,000.00 1,970,620.00 2,000,000.00 3.000 2.960 3.001 235 01/22/2008
3133X5Zl5 01022 Federal Home loan Bank 04/30/2004 2,000,000.00 1,976,260.00 2,000,000.00 3.520 3.473 3.521 243 01/30/2008
3133XCMC4 01032 Federal Home loan Bank 08/31/2005 3,000,000.00 2,994,390.00 2,997,360.00 4.250 4.238 4.296 6B 08/08/2007
3133XCY31 01033 Federal Home loan Bank 09/14/2005 960,000.00 957,600.00 960,000.00 4.380 4.320 4.380 105 09/14/2007
3133XD2G5 01034 Federal Home loan Bank 09/21/2005 3,000,000.00 2,985,000.00 2,998,125.00 4.375 4.347 4.407 203 12/21/2007
3133XD3Q2 01035 Federal Home loan Bank 09/28/2005 620,000.00 618,450.00 620,000.00 4.400 4.340 4.400 119 09/28/2007
3133XD3RO 01036 Federal Home loan Bank 09/28/2005 2,000,000.00 1,985,620.00 2,000,000.00 4.500 4.438 4.500 301 03/28/2008
3133XD6F3 01038 Federal Home loan Bank 09/28/2005 1,000,000.00 994,060.00 1,000,000.00 4.230 4.174 4.232 210 12/28/2007
3133XD6D8 01039 Federal Home loan Bank 09/29/2005 1,000,000.00 999,060.00 1,000,000.00 4.140 4.086 4.143 2B 06/29/2007
3133XKGDl 01063 Federal Home loan Bank 04125/2007 200,000.00 199,500.00 200,000.00 5.250 5.177 5.249 1,050 04/16/2010
3133XKGDl 01064 Federal Home loan Bank 04/26/2007 1,000,000.00 997,500.00 1,000,000.00 5.250 5.177 5.249 1,050 04/16/2010
3133XKHB4 1061 Federal Home loan Bank 04/16/2007 1,000,000.00 998,750.00 1,000,000.00 5.250 5.178 5.250 320 04/16/2008
3133XKH24 1062 Federal Home loan Bank 04/16/2007 1,000,000.00 992,190.00 1,000,000.00 5.250 5.178 5.250 1,781 04/16/2012
3128X3SM6 01025 Federal Home loan Mtg Corp 03/07/2005 1,000,000.00 997,450.00 998,000.00 3.750 3.784 3.837 63 08/03/2007
3128X36R9 01030 Federal Home loan Mtg Corp OS/24/2005 1,000,000.00 996,390.00 1,000,000.00 4.050 3.993 4.048 115 09/24/2007
3128X4NUl 01042 Federal Home loan Mtg Corp 10/18/2005 1,000,000.00 996,890.00 1,000,000.00 4.375 4.315 4.375 139 10/18/2007
31398ABC5 1065 Federal National Mtg Assn 05/11/2007 1,000,000.00 993,130.00 1,000,000.00 5.300 5.227 5.300 1,802 05/07/2012
---
Subtotal and Average 41,465,904.35 41,795,000.00 41,470,215.25 41,788,485.00 3.956 4.011 450
Treasury Coupon Securities
9545315-2 02004 U.S. Treasury 03/14/2006 725,000.00 716,278.25 711,635.66 3.750 4.586 4.650 349 05/15/2008
912795ZS3 02009 U.S. Treasury 01/29/2007 100,000.00 99,303.00 97,597.00 4.860 9.891 10.028 55 07/26/2007
---
Subtotal and Average 809,232.66 825,000.00 815,581.25 809,232.66 5.226 5.299 31.
Federal Agency Bullet Securities
31331SYN7 01031 Federal Farm Credit Bank 06/01/2005 1,000,000.00 1,000,000.00 1,000,000.00 3.820 3.768 3.820 0 06/01/2007
31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 995,940.00 1,000,000.00 5.000 4.933 5.002 1,090 OS/26/2010
3133XJRX8 01060 Federal Home loan Bank 01/30/2007 1,000,000.00 999,060.00 1,000,000.00 5.250 5.189 5.261 1B2 11/30/2007
---
Subtotal and Average 3,000,000.00 3,000,000.00 2,995,000.00 3,000,000.00 4.630 4.694 424
Investment Contracts
94669906-1 03-1 RESA2 American International Group M 04/28/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,588 08/31/2033
744727006-1 03-3 RESERV IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,953 08/31/2034
9545315-1 88-12 DMR2 IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,745 09/01/2017
95453516-1 88-12 RES 2 IXIS Funding Corp 07/24/1998 1,531 ,468.76 1,531 ,468.76 1,531,468.76 5.430 5.509 5.585 3,745 09/01/2017
---
Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,402
Portlolio TEME
CP
Run Date: 06/26/2007-15:10 PM (PRF _PM2) SymRept 6.41.202a
CUSIP
Investment #
Issuer
Average
Balance
City of Temecula, California
Portfolio Management
Portfolio Details - Investments
May 31, 2007
Purchase
Date
Par Value
Market Value
Stated
Book Value Rate
Page 5
YTM
360
YTM Days to
365 Maturity
281
Run Date: 06/26/2007-15:10
Total and Average
194,355,048.35
206,290,341.38
205,931,823.17
206,268,059.04
4.748 4.814
Portlolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management
Portfolio Details - Cash
May 31, 2007
Average Purchase
CUSIP Investment # Issuer Balance Date Par Value Market Value
Retention Escrow Account
SYSBARN HART 1 BARN HART 1 California Bank & Trust 132,638.27 132,638.27
SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 113,035.31 113,035.31
PREMIER BANK PREMIER BANK PREMIER BANK 08/18/2006 446,836.30 446,836.30
PFF BANK & TRUS PFF BANK PFF BANK & TRUST 11/13/2006 324,956.78 324,956.78
Passbook/Checking Accounts
SYSPetty Cash Petty Cash City of Temecula 07/01/2006 2,710.00 2,710.00
SYSFlex Ck Acet Flex Ck Acet Union Bank of California 07/01/2006 7,656.04 7,656.04
SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2006 4,114,639.50 4,114,639.50
OLD TOWN CK ACC OLD TOWN CHK Union Bank of California 07/01/2006 0.00 0.00
SYSParking Ck PARKING CITA Union Bank of California 07/01/2006 22,644.00 22,644.00
Average Balance 0.00 Accrued Interest at Purchase 851.39
Subtotal 5,165,967.59
Total Cash and Investmentss 194,355,048.35 211,455,457.58 211,097,790.76
Run Date: 06/26/2007-15:10
Page 6
Stated YTM YTM Days to
Book Value Rate 360 365 Maturity
132,638.27 3.000 2.959 3.000
113,035.31 1.250 1.233 1.250
446,836.30 5.000 4.932 5.000
324,956.78 1.736 1.712 1.736
2,710.00
7,656.04
4,114,639.50
0.00
22,644.00
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
851.39
5,165,967.59
211,434,026.63
4.748 4.814
281
Portlolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
CASH AND INVESTMENTS REPORT
CITY OF TEMECULA
THROUGH MAY 2007
001 GENERAL FUND
100 STATE GAS TAX FUND
101 STATE TRANSPORTATION FUND
120 DEVELOPMENT IMP ACT FUND
150 AB 2766 FUND
165 RDA DEV LOW/MOD 20% SET ASIDE
170 MEASURE A FUND
190 TEMECULA COMMUNITY SERVICES DISTRICT
192 TCSD SERVICE LEVEL "B" STREET LIGHTS
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING
195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
197 TEMECULA LIBRARY FUND
210 CAPITAL IMPROVEMENT PROJECT FUND
272 CFD 01-2 HARVESTON A&B IMPROVEMENT FUND
273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND
275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND
276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND
277 CFD-RORIPAUGH
280 REDEVELOPMENT AGENCY - CIP PROJECT
300 INSURANCE FUND
310 VEHICLES FUND
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
380 RDA 2002 TABS DEBT SERVICE
390 TCSD 2001 COP'S DEBT SERVICE
460 CFD 88-12 DEBT SERVICE FUND
472 CFD 01-2 HARVESTON A&B DEBT SERVICE
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND
474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE
475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
477 CFD- RORIPAUGH
GRAND TOTAL:
FUND TOTAL
53,714,311.90
286,543.05
6,755.55
10,742,490.81
356,008.85
9,347,905.22
5,141,704.53
1,310,511.05
164,770.71
270,378.91
2,167,766.07
40,328.39
326,758.40
796,278.25
21,199,129.52
246,850.58
4,998,065.90
12,443,425.71
478,328.61
42,093,689.66
21,750,161.12
1,278,357.58
398,688.25
703,427.28
249,522.40
90,148.63
3,674,345.08
10,386.50
4,349,526.86
1,491,647.43
1,934,970.60
218,476.04
3,415,583.75
550,851.68
4,849,695.89
211,097,790.76
I~-- .
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ITEM NO.5
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Approvals
City Attorney
Director of Finance
City Manager
J#.("
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CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
William G. Hughes, Director of Public Works
DATE:
July 10, 2007
SUBJECT:
Acceptance of certain Public Streets into the City-Maintained System within
Tract Map Nos. 30669, 30669-1, and 30669-2 (Located southeast of the
intersection of Harveston Drive and Lakeview Road within the Harveston
Subdivision)
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 ACCEPTING CERTAIN PUBLIC STREETS INTO THE
CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 30669, 30669-1
AND 30669-2)
BACKGROUND: Tract Map Nos. 30669, 30669-1 and 30669-2 were recorded by the
County Recorder on January 13, 2004. The owner dedicated to public use for street and public
utility purposes streets designated as lettered lots on the two maps. The City Clerk accepted the
offers of dedication.
Public Works Staff reviewed and inspected the public improvements and all required repairs and
replacements were satisfactorily completed. However, the one-year Warranty Bonds and Labor and
Materials Bonds have not been released. The Warranty Bonds will be released at the end of the
one-year period in July, 2008. The Labor and Materials Bonds will be released six months into the
one-year warranty period in January 2008.
The public streets now being accepted by this action are as follows:
Tract 30669
Portion of Balboa Drive.
Tract 30669-1
Mendocino Lane, portion of Pasadena Drive, portion of Balboa Drive, Gloucester Court, Trenton
Court and portion of Bellevue Drive.
Tract 30669-2
Portion of Pasadena Drive, portion of Bellevue Drive, Gallatin Court, Albany Court, and Danbury
Court.
FISCAL IMPACT:
Periodic surface and I or structural maintenance will be required
every 5 to 8 years.
ATTACHMENTS:
Resolution No. 07 - with Exhibits "A - B" inclusive.
EXHIBIT "A" TO RESOLUTION NO. 2007 -
Accepting a certain public street offered to and accepted by the City of
Temecula as indicated on Tract Maps 30669, 30669-1 and 30669-2 into
the City-Maintained Street System as described as follows:
Tract MaD 30669
1. Lot "A" (portion of Balboa Drive) of said Tract Map No. 30669
Tract MaD 30669-1
1. Lot "A" (Mendocino Lane) of said Tract Map No. 30669-1
2. Lot "B" (portion of Pasadena Drive) of said Tract Map No. 30669-1
3. Lot "C" (portion of Balboa Drive) of said Tract Map No. 30669-1
1. Lot "D" (Gloucester Court) of said Tract Map No. 30669-1
2. Lot "E" (Trenton Court) of said Tract Map No. 30669-1
3. Lot "F" (portion of Bellevue Drive) of said Tract Map No. 30669-1
Tract MaD 30669-2.
1. Lot "A" (portion of Pasadena Drive) of said Tract Map No. 30669-2
2. Lot "B" (portion of Bellevue Drive) of said Tract Map No. 30669-2
3. Lot "C" (Gallatin Court) of said Tract Map No. 30669-2
4. Lot "D" (Albany Court) of said Tract Map No. 30669-2
5. Lot "E" (Danbury Court) of said Tract Map No. 30669-2
RESOLUTION NO. 07-00
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED SYSTEM (WITHIN TRACT MAP NOS.
30669, 30669-1 AND 30669-2)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, On January 13, 2004, the County Recorder recorded Tract Map Nos.
30669, 30669-1 and 30669-2, in which an offer of dedication for street and public utility
purposes was accepted by the City of Temecula from Lennar Homes of California, Inc.; and,
WHEREAS, City Public Works Staff reviewed and inspected the public improvements
and all repairs and replacements were satisfactorily completed; and,
WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this
tract have not been released; and,
NOW, THEREI"ORE, BE IT RESOLVED, that the City Council of the City of Temecula
hereby accepts into the City-Maintained Street System the streets offered to and accepted by
the City of Temecula described in Exhibits "A" and "B" attached hereto.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
10th day of July, 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 10th day of July, 2007, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT "A" TO RESOLUTION NO. 2007 -
Accepting a certain public street offered to and accepted by the City of
Temecula as indicated on Tract Maps 30669, 30669-1 and 30669-2 into
the City-Maintained Street System as described as follows:
Tract Mao 30669
1. Lot "A" (portion of Balboa Drive) of said Tract Map No. 30669
Tract Mao 30669-1
1. Lot "A" (Mendocino Lane) of said Tract Map No. 30669-1
2. Lot "B" (portion of Pasadena Drive) of said Tract Map No. 30669-1
3. Lot "C" (portion of Balboa Drive) of said Tract Map No. 30669-1
1. Lot "D" (Gloucester Court) of said Tract Map No. 30669-1
2. Lot "E" (Trenton Court) of said Tract Map No. 30669-1
3. Lot "F" (portion of Bellevue Drive) of said Tract Map No. 30669-1
Tract MaD 30669-2
1. Lot "A" (portion of Pasadena Drive) of said Tract Map No. 30669-2
2. Lot "B" (portion of Bellevue Drive) of said Tract Map No. 30669-2
3. Lot "C" (Gallatin Court) of said Tract Map No. 30669-2
4. Lot "D" (Albany Court) of said Tract Map No. 30669-2
5. Lot "E" (Danbury Court) of said Tract Map No. 30669-2
2007 -
LUTION NO. _
EXHIBIT "B" TT~~~~O. 30669
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INDEX MAP
EXHIBIT "B" TO RESOLUTION NO. 2007 -
TRACT NO. 30669-1
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VICINIty IMP
HAC; NO. 29639-1
M.B. 323/50.50
TRACT No.
29639-2
54
2.380 ACRES I>ET
OPEN sPAC>:
M.B.
21
9
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11
12
INDEX MAP
- NO. 2007--
UT\ON
o RESOL 30669-2
T "e" T CT NO.
EXH\e\ TRA:
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29639-2 ~
NO. 25 1101 ,. P
19
21
~DEX MAe.
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ITEM NO.6
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Approvals
City Attorney
Director of Finance
City Manager
~r
2f-
Go...-
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
William G. Hughes, Director of Public Works
DATE:
July 10, 2007
SUBJECT:
Replacement of the Book Drop Returns and Carts for the Temecula Public
Library; Project NO.PWOO-07
PREPARED BY:
Amer Attar, Principal Engineer
Bill McAteer, Project Manager
RECOMMENDATION: Approve an agreement with Vernon Library Supplies, Inc. (dba
Intergrated Technology Group) forthe replacement of the existing Book Drop Returns and Carts at
the Temecula Library with a higher quality, fully contained book return unit furnished by Vernon
Library Supplies, Inc., (dba Integrated Technology Group) for $10,007.99 and authorze the City
Manger to execute the agreement on behalf of the City.
BACKGROUND: On September 12, 2006 the City Council approved the purchase of Book
Drop Returns and Carts in the amount of $26,973.00. After the Temecula Library opened the
Library Manager and her staff expressed concerns with the original book drop return carts. The
doors were not sealing properly, staff members were injuring themselves trying to work the lock
mechanism, and books were falling over the sides of the book carts when full.
Vernon Library Supplies, Inc. (VLS), the supplier of the original system, was summoned to the site to
make adjustments but was unable to satisfactorily address the Library Manager's concerns with
current system. In an effort to resolve the situation, VLS has offered to provide a full credit for the
original Book Drop Returns and Carts toward the cost of a higher quality replacement Book Drop
Return system. The total purchase price of the replacement Book Drop Returns and Carts is
$36,980.99. After applying the credit of $26,973.00 for the return of the existing system the total
additional expense for the new book drop system is $10,007.99
FISCAL IMPACT: The new Temecula Library is a Capital Improvement Project included in the
Fiscal Year 2006-2011 Capital Improvement Program. The total purchase price is $36,980.99;
deducting the original purchase of $26,973.00 (purchase order no. 012521) results in a net increase
in cost of $10,007.99. Adequate funds are available in the project budget.
ATTACHMENTS:
Quote from Vernon Library Supplies
Quote
Vernon Library Supplies
2851 Cole Court
Norcross, GA 30071
800-878-0253
(770) 446-1128
Sold To:
City of Temecula
PO Box 9033
Accts Payable
Temecula, CA 92589-9033
Confirm To:
Ship To:
City of Temecula
City Hall
43200 Business Park Drive
Temecula, CA 92590
Customer P.O.
Ship VIA
ROADWAY
Terms
Nel10
F.O.B.
Item Number
Unit
Back Order
Ordered
Shipped
KIN008560 EACH 5.000 0.000
Optima Series -Stainless Steel Whse: 000
Please specify door position when ordering
Please specify wording color when ordering
KIN369060 Each 5.000 0.000
Cushion Drop Ultra for 60 Seri Whse: 000
KIN108950 EACH 1.000 0.000
0.000
0.000
0.000
Stainless Steel Faceplate
KIN508500
Whse: 000
1.000 0.000
0.000
EACH
Stainless Straight Chute Whse: 000
110078 1.000 0.000 0.000
California Handling Charge
Please ship via Roadway Freight
Please call to set up delivery
Liftgate delivery required
Customer will unload
Estimated lead time for this order is two (2) weeks ARO
ANY DAMAGE MUST BE NOTED ON DELIVERY RECEIPT, ORIGINAL PACKAGING RETAINED &
VERNON NOTIFIED IMMEDIATELY
1M
Default Item Code 1M
Amount to be charged for freight and materials to return previous order
Return freight will be prepaid; please call to schedule pickup
Please provide delivery information for return packaging materials when ordering
1M
Default Item Code /M
Estimated refund for previous order
All items must be returned before credit will be issued
Quote Revised on OS/22/04
Please reference quote number when ordering
Order Number: 0005041
Order Date: 3/8/2007
Salesperson: KRS
Customer Number: 00-C41430
Price
3,955.060
2,174.830
744.500
701.890
2,567.667
Net Order:
less Discount
Freight
Sales Tax:
OrclerTotal:
Page:
Amount
19,775.30
10,874.15
744.50
701.89
2,567.67
1,425.00
27,572.25-
8,516.26
0.00
831.72
0.00
9,347.98
EZ04646
EZ Drop Book Return
Cart door on lion!
eACH
Vem~ Llbtery SUppll..
2851 Cole COUrt
Non:roas, GA 30071
81lO-87a.l)253
(770) 446-1128
SOld To:
Tho ClI)' ofTemeculo
o 43200 auolno.. Park Cdvo
BlQ McAtoOr
TOIIIIICUI8. CA 92590
ConIIrm To:
CUllom_ P.O.
110m Number
Ship VIA
UPS
Unll
0nI0red
Quote
F.O.B.
Shlppod
0.000
Whse: 000
EZI4CART
EZOrop Book Return Cart
Shipping qUOlO of $270.00 from v_
o PIelHonlor. minD"... of 30 deylln odvance
.AlI p1fcoshave 10% dIscounIoppIldond.... not
Pleall voIlfy shIppIrig end billing _ boi.... shipment .
~
eACH
7.000
8.000
0.000
Whso: 000
Ship To:o
The ClIy ofTomecuia
43200 BuIlneaI Park 011.0
SQI MeAt_
Tomocuia,CA 92590
TOIIl\I
Not 10
Bock Ollllr
0.000
0.000
ORlor Number: QB568R
OlllorDoto: 811712006
SlL'J',<' '.'." CA01
C_Number: 00-011326
PrIco
2,846.3143
600.9760
Not Ordor.
Lolllliscount
FroIghl:
Solos Tox:
Order Total:
Pago: 1
Amount
019,911.20
4,801.80
24,125.00
0.00
210.00
0.00
24,995.00
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ITEM NO.7
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Approvals
City Attorney
Director of Finance
City Manager
J#.("
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~
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
William G. Hughes, Director of Public Works
DATE:
July 10, 2007
SUBJECT:
Completion and Acceptance of Route 79 South Medians between 1-15 and
Butterfield Stage Road - Project No. PW02-14
PREPARED BY:
Amer Attar, Principal Engineer
Scott Harvey, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Accept the Project, Route 79 South Medians between 1-15 and Butterfield Stage
Road, Project No. PW02-14, as complete and;
2. File a Notice of Completion, release the Performance Bond, and accept a one (1)
year Maintenance Bond in the amount of 10% of the contract amount; and
3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
BACKGROUND: On April 25, 2006, the City Council awarded a construction contract in
the amount of $4,655,000.00 to Beador Construction Company for the Route 79 South Medians
between 1-15 and Butterfield Stage Road, Project No. PW02-14. This project constructed raised
landscaped medians on Route 79 South between 1-15 and Butterfield Stage Road. The project
included adding double left-turns to existing traffic signals and new underground storm drain
improvements.
This project required nine Contract Change Orders totaling $301 ,130.85, ($38,000 to address minor
changes due to field conditions; $122,000 for address various field measured quantity over-runs;
and $141,000 for new entry monuments) bringing the total construction cost to $4,956,130.85.
The contractor has completed the work in accordance with the approved plans and specifications
and to the satisfaction of the Director of Public Works. The construction retention for this project will
be released on, or about 35 days after the Notice of Completion has been recorded.
FISCAL IMPACT: The Route 79 South median project is included in the City's Capital
Improvement Program and was funded with; Capital Project Reserves, Assessment District 159 and
Crown Hill CFD bond proceeds, a Caltrans reimbursement and Development Impact Fees - Streets.
The total project cost was $4,956,130.85.
ATTACHMENTS:
1. Contractor's Affidavit and Final Release
2. Maintenance Bond
3. Notice of Completion
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW02.14
79 SOUTH MEDIAN IMPROVEMENTS
This is to certify tha~eador Constructo,i{l:lereinafter the .CONTRACTOR") declares
to the City of Temecula, under oath, that he/shelit has paid in full for all materials, supplies, labor,
services, tools, equipment, and all other bills. contracted for by the CONTRACTOR or by any of
the CONTRACTOR's agents, employees or subcontractors used or in contribution to the
execution of it's contract with the City of Temecula, with regard to the building, erection,
construction, or repair of that certain work of improvement known as PROJECT NO. PW02-14, 79
SOUTH MEDIAN IMPROVEMENTS, situated in the City of Temecula, State of California, more
particularly described as follows:
Hwy 79 South Median Improvements
INSERT ADDRESS OR DESCRIBE LOCATION OF WORK
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing to the CONTRACTOR.
Further, in connection with the final payment of the Contract. the CONTRACTOR hereby
disputes the following amounts:
Description
Dollar Amount to Dispute
Pursuant to Public Contract Code 97100, the CONTRACTO~ does hereby fully release and
acquit the City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputed above.
(\
. ~~\i1~~.
Dared:Mav 17. 2007
By:
David. Beador, President
Print Name and Tille
RELEASE
R-l
R"\CIPlPROJECTS\PW02\PW02-14 SR 19 S MelJjans\SpeCllicallW02-14 spec$.dat
'.. .....
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MAINTENANCE BOND
FOR
PROJECT NO. PW02-14
79 SOUTH MEDIAN IMPROVEMENTS
KNOW ALL PERSONS BY THESE PRESENT THAT:
BEADOR CONSTRUCTION COMPANY, INC., 26320 LESTER CIRCLE, CORONA, CA 92883
NAME AND ADDRESS CONTRACTOR'S
a CALIFORNIA CORPORATION
(till In whother 0 eorpo.-allon, Partnership or IndividuoJ)
, hereinafter called Principal, and
HARTFORO FIRE INSURANCE COMPANY. ONE POINTE DRIVE. BREA CA 92822
NAME AND ADDRESS OF SURETY
hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA,
hp~einAftp,r cAlleri OWNER in the penal sum of FOUR HUNDRED NINETY FNE THOUSAND SIX HUNDRED
IRmrrDC1LTJiR"S AND NO/10b DOLLARS and CENTS
($ 4J5,613.00 ) in lawful money of the United States, said sum being not less than ten
(10%) of the Contract value payable by the said City of Temecula under the' terms of the
Contract, for the payment of which, we bind ourselves, successors, and assigns, jOintly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Contract with the OWNER, dated the 25TH day of APRIL , 2006, a copy
of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW02-
14,79 SOUTH MEDIAN IMPROVEMENTS.
WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of one (1) year after approval of the final estimate on said job, by the OWNER,
against all defects in workmanship and materials which may become apparent during said period;
and -
WHEREAS, the said Contract has been completed, and was the final estimate approved on _
MAY10 _ 200tF
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year
from the date of approval of the final estimate on said job pursuant to the Contract, the work done
under the terms of said Contract shall disclose poor workmanship in the execution of said work,
and the carrying out of the terms of said Contract, or it shall appear that defective materials were
furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this
instrument shall be void.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and
flilasonable expenses and fees shall be included, inclUding reasonable attorney's fees incurred by
.....rie City of Temecula in successfully enforcing. this obligation, -all to be taxed as costs and
included in any jUdgment rendered.
MAIIiTENANCE BOND
M.l
R:\ClPIPROJECTS'\f>'IID2IPWD2-14 SR 19 SMedians\SJlecilicri~ns\PW02-H specs.dol
\ * ,"
, -
r
The Surety hereby stipulates and agrees that no change, extension of time. alteration, or addition
to the terms of the Contract, or to the work to be performed thereunder, or to the specifications
accompanying the same, shall in any way affect Its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration, or addition to the terms of the
Contract. or to the work, or to the Specifications,
Signed and sealed this 16
day of
(Seal)
By:
(TItle)
APP
Peter M. Thorson, City Attorney
MAINTENANCE BONO
{
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Oiw.f\
(Name)
~c..IZ~
(Title)
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R:1.CII"f'ROJECTM'V02IPWlI2-14 SR 7$ SMedlans\Specilicb(QI\S\PWlI2-14 5POCS.dGt r
I,.;.:
, .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
)
COUNTY OF
ORANGR \
On May 16,2007
before me, JENNIFER C. GIBONEY, NOTARY PUBLIC
NAME OF NOTARY PUBLIC
personally appeared, YUNG T. MULLICK
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
. . "~
t@" " :~:. . . iNN. "'FERC: GIBO..NEY I
u, , COMM. #10470955 i';
a: a Nowy Pub"c C11lfom1. en
<., OAANClECOUNTY r
L~_:.._'_ _~~":~~~~7~~
~d~~
(SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
.
Direct Inquiries/Claims to:
, .
POWER OF ATTORNEY ::~s~~~1~~:D
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: AlIencv Code: 72-253453
lTI Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
lTI Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State oflndiana
D Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
D Hartford Insurance Company of illinois, a corporation duly organized under the laws of the State of Illinois
D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
James W Moilanen, Yung T. Mullick, Jennifer C. Giboney, Frances Lefler
of
Laguna Hills, CA
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
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Paul A. Bergenholtz, Assistant Secretary
David T. Akers, Assistant Vice President
STATE OF CONNECTICUT}
SS.
COUNTY OF HARTFORD
Hartford
On this 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
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CERTIFICATE
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of MAY 16,2007.
Signed and sealed at the City of Hartford.
Scott E. Paseka
Notal)'Public
My Commission Expires October 31, 2007
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Gary w. Stumper, Assistant Vice President
POA 2004
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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prevent fraudulent removal and reattachment of this form to anothar document
Description of Attached Document
Title or Type of Document:..tilo \~V"){:r--, ~
Document Date: MI1L{ \ D; I} Di\"1-- Number of Pages: TUX) /1..."\
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RECORDING REOUESTED BV
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
Temecula, CA 92589.9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590.
3. The Nature of Interest is a Contract which was awarded by the City of Temecula to
Beador Construction Company. Inc.. 626320 Lester Circle. Corona, CA 92883 to perform the following
work of improvement:
79 SOUTH MEDIAN IMPROVEMENTS
PROJECT NO. PW02-14
4. Said work was completed by said company according to plans and specifications and to
the satisfaction of the Director of Public Works of the City of Temecula and that said work was
accepted by the City Council of the City of Temecula at a regular meeting thereof held on July 10,
2007. That upon said contract the Hartford Fire Insurance Company. one Pointe Drive, Brea. CA
92822 was surety for the bond given by the said company as required by law.
5. The property on which said work of improvement was completed is in the City of
Temecula. County of Riverside, State of California, and is described as follows:
79 SOUTH MEDIAN IMPROVEMENTS
PROJECT NO. PW02-14
6. The location of said property is: 79 South from Bedford Court to Butterfield Stage Road,
Temecula. California
Dated at Temecula, California, this 10th day of July, 2007
City of Temecula
Susan W. Jones MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said
NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County
Recorder of Riverside by said City Council.
Dated at Temecula, California, this 10th day of July 2007.
City of Temecula
Susan W. Jones MMC, City Clerk
R:\CIP\PROJECTS\PW02\PW02-14 SR 79 S Medians\PW02-14 COMPLETION NOTE.doc Form
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ITEM NO.8
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
William G. Hughes, Director of Public Works
DATE:
July 10, 2007
SUBJECT:
Agreement with Caltrans to install nine freeway signs along Interstate 15, adding
Temecula Parkway to Highway 79 South, Project No. PW06-13
PREPARED BY:
Amer Attar, Principal Engineer
Kavon Haghighi, Associate Engineer
RECOMMENDATION: Approve an agreement in the amount of $57,918.70 with Caltrans,
District 8, to install 9 freeway signs along Interstate 15 adding the name Temecula Parkway; and
authorize the Mayor to sign the agreement.
BACKGROUND: On January 20, 2005, the California Transportation Commission
(CTC) approved Resolution No. R3596, relinquishing the portions of Highway 79 South within the
Temecula City Limits to the City of Temecula. Subsequently, on March 28, 2006, the City Council
adopted Resolution No. 06-32, changing the name of Highway 79 South to Temecula Parkway. The
resolution identified October 1, 2007 as the effective date for the name change.
In order to meet the October 1,2007 date, staff has determined that the best option to accomplish
the sign replacement on Interstate 15 is to hire Caltrans forces to do the work. City staff and
Caltrans have determined that five overhead signs will be replaced. In addition, four new ground-
mounted signs will be installed, one at each off-ramp to Highway 79 South to direct motorists to
"Temecula Parkway" and two Highway 79 signs at the City Limits. The total cost for Caltrans to
procure and install the signs is $57,918.70.
Having Caltrans do the installations will shorten the time to procure and install the signs, as it
eliminates the need for the City to obtain a Caltrans encroachment permit. The attached agreement
is required for Caltrans to do the installations. To further expedite the process, upon the approval of
the agreement, the City will issue a check for the full amount of the agreement. Caltrans will then
order the required signs, and upon delivery, schedule their crews to change the overhead signs and
install the new ground mounted signs.
On a separate but related matter, City forces will be changing all pole-mounted street name signs at
all 79 South intersections within City limits. In addition, a City hired contractor will be replacing all
traffic signal mounted signs at signalized intersections. An agreement for that work will be brought
before the City Council for approval at a future date. Staff is working diligently to have all the old
signs replaced and the new signs mounted, including the Interstate 15 signs, by the effective date of
the name change, October 1, 2007.
FISCAL IMPACT: The Interstate -15 Sign Replacement project is a Capital Improvement
Project included the City's Capital Improvement Program for FY20071 2008. Sufficient funds are
available in Account No. 210-165-641-5804 to cover the $57,918.70 Agreement.
ATTACHMENTS:
1. Caltrans Standard Agreement for Miscellaneous Reimbursed Work.
STATE OF CALIfORNIA' DEPARTMENT Of TRANSPORTATION
STANDARD AGREEMENT
FOR MISCELLANEOUS REIMBURSED WORK
fA-2640 (NEW 1/2007)
I (R<l<\uired)
Agreement
Number
EA
This agreement is entered into this
undersigned parties;
10th
day of
July
, 20!!2. by and between the
Set forth service I materials, to be furnished, andlor work to be performed and by whom.
This agreement Is for:
WHAT: To manufacture and install 5 overhead and 4 ~round mounted si~ns. To accommodate the City deadlines,
Caltrans will make every effort to complete the sign installation by October 1. 2007.
WHERE: Five ofthe new si~ns will modifv the existin~ overhead si~ns alon~ NB & SB 1-15, and four will be new
~round mounted si~ns alon~ NB & SB off ramps at 79 south in the City ofTemecula.
ESTIMATED TO COST (attach detailed estimate)
Date: Estimated Beginning
Estimated Completion
Payment to be made upon billing:
Advanced deposit (Estimate amount) $ 57,918.70
Maximum to be billed (Include 10-20% contingency) $ 57,918.70
It is agreed that costs for the above services are subject to an assessment for direct and indirect costs
(functional and administrative overhead) when applicable.
Work will be done in a limely manner, but at the convenience of Caltrans, and will not take precedence over
Callrans worle
The State reserves the right to cancel this agreement by wrillen notice at any time when it is deemed in the
best interest ofthe State to do so and to refund any enexpected funds collected.
(Caltrans Contract Manager fill in the following upon c~",...I.,;:on of the work for final accounting of project and
forward copy of agreement, along with any purchase orders, to Division of Accounting, Alln: AIR
Reimbursements, MS 33).
Work Completed
Work Order #
Contract Manager
Certified as to Funds;
Budget Manager
IName of AgencyfContributor (ft private party, should be name of party on check)
City ofTemecula
jAuthorized Signature
ITiue
Chuck Washinglon, Mayor
Billing Addres.
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
Name of Agency
Department of Trans~ortation
Authorized SIgnature
Phone #: (951) 694-6411
District Director
Project Manager:
Phone #:
Mailing Address
ADA Notic For individuals with sensory disabilities, this document is available in altemate formats. For information call (916) 6,54-6410 or TOO (916) 654-3880 or
e write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
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ITEM NO.9
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
July 10, 2007
SUBJECT:
Amendment to Contract with Meyer & Associates for the TCC Expansion
PREPARED BY:
Cathy McCarthy, Development Services Administrator
RECOMMENDATION: That the City Council approve the first amendment to the agreement
with Meyer & Associates in the amount of $70,052.50, plus 10% contingency of $7,005.00.
BACKGROUND: On November 22,2005 the City and TCSD approved an agreement
with Meyer & Associates for the development of a conceptual master plan for the Temecula
Community Center (TCC) expansion project. This agreement included the development of plans
and specifications for the project. The Board of Directors has since approved a conceptual master
plan for the TCC expansion which will develop a 3,653 square foot Community Center adjacent to
the existing TCC which will be used to offer human services provided by SAF.E. (Safe Alternatives
For Everyone).
In addition, a small portion of the TCC parking lot area was selected as a prime location to relocate
the historic Escalier house and barn.
The amendment before you provides a scope and cost associated with the grading plan for the
placement for these two buildings on the TCC property. It also incorporates the additional costs
associated with the expansion building being enhanced from 3,000 square feet to 3,653 square feet
and also the additional engineering work associated with this project.
The TCC, the new expansion area for S.AFE. and the relocation of the two historical buildings will
greatly enhance our ability to provide a full range of human service programs in one location within
the City.
FISCAL IMPACT: Additional funds forthis amendment are available in the CIP account
No. 210-190-197. The additional cost associated with this amendment is $70,052.50 and a 10%
contingency, which brings the total cost of this contract to $208,932.50 with a 10% contingency
amount of $20,893.
ATTACHMENTS:
First Amendment to Agreement
FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
MEYER AND ASSOCIATES
TCC EXPANSION PROJECT
THIS FIRST AMENDMENT is made and entered into as of July 10, 2007, by and
between the City of Temecula ("City"), a municipal corporation, and Meyer and
Associates ("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 which
each party agrees to be true and correct:
a. On November 22, 2005 the City and Meyer and Associates ("Consultant")
entered into that certain agreement entitled "City of Temecula Agreement
for TCC Expansion Project" ("Agreement"), in the amount of $138,880.
b. The parties now desire to increase the payment for services in the amount
of $70,052.50 and amend the Agreement as set forth in this Amendment.
2. Section 5.a. Payment of the Agreement is hereby amended to read as follows:
a. "The City agrees to pay Consultant 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 payment for the
work required by the First Amendment to the Agreement shall not exceed
Seventy Thousand Fifty Two Dollars and 50/100 ($70,052.50) plus a 10%
contingency in the amount of Seven Thousand Five Dollars and No/100
($7,005.00). The total amount of payment pursuant to the Agreement, as
amended, shall not exceed the sum of two hundred eight thousand nine
hundred thirty two dollars and 50/100 ($208,932.50) plus the
contingencies authorized by the original agreement and the First
Amendment."
3. Exhibits Band C to the Agreement are hereby amended by adding
thereto the items set forth on Attachment "A" to this First Amendment, which Attachment
"A" is attached hereto and incorporated herein as though set forth in full.
4. Section 1, Term, is hereby amended to provide that the Agreement, as
amended, expires on June 30, 2009.
5. Except for the changes specifically set forth herein, all other terms and
conditions of the Agreement are hereby ratified and shall remain in full force and effect.
1
C:\WI N DOWSlapsdoclnettemp\4972\$ASQpdf849619. doc
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:
BY:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONSUL TANT:
Meyer and Associates
23265 South Pointe Drive, Suite 102
Laguna Hills, CA 92653
Attention: Randy Meyer
949-380-1151
949-380-8117 fax
BY:
Randy Meyer, Principal
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C:\WI N DOWSlapsdoclnettemp\4972\$ASQpdf849619. doc
EXHIBIT A
Attached hereto and incorporated herein is the additional scope of work and associated cost as
provided by the Consultant.
3
C:\WI N DOWSlapsdoclnettemp\4972\$ASQpdf849619. doc
Attachment A
project description
(updated and revised)
SUMMARY
A. The project consists of designing a 3,653 square foot expansion to
the Temecula Community Center. The new building (S.A.F.E.
Building) shall be a single story, detached structure in accordance
with approved conceptual drawings (site plan, floor plan,
elevations). Design services shall include preparing reports,
preliminary engineering and site development plans, coordinating
and/or designing the facility's utility services, civil engineering,
structural engineering, and architectural design to provide a
complete set of construction plans and specifications. Mechanical
and electrical engineering will also be required.
B. The project also includes limited site preparation for the historic
house and barn relocation. Design services here shall include
survey, soils report, rough grading plan, site utilities plan (water,
sewer), electrical service, and parking lot design ( with existing
driveway). The site is adjacent to and south of the S.A.F.E.
Building site as shown on the approved conceptual site plan.
Services related to foundation preparation and relocation of the
historic structures is not part of the work. Other site improvements
are also excluded. Precise grading plan will illustrate the pad only
for the relocated structures.
BACKGROUND
The Temecula Community Center is located at 28816 Pujol Street. After
fire destruction of the original 1980's facility, the Center was completely
re-constructed in 1991. Meyer and Associates is unaware of any
renovation since that time.
BUDGET
At the present time, the actual budget for construction is not known by
Meyer and Associates.
SITE DRAINAGE ASSUMPTIONS
We are assuming the site will be drained into the adjacent Murrieta Creek
through the existing rip-rap drainage outlet at the southeast corner of the
site. An existing parking lot occupies the area where the new grading and
site work will occur, and the finished project will result in less impervious
area than the original site. Therefore it is unclear whether or not a Water
Quality Management Plan will be required. In preparing this proposal we
have assumed the existing overflow outlet from the site can be provided
with either a fossil filter or other system to cleanse the water before
discharging into the Murrieta Creek. A Water Quality Management Plan is
not included at this time.
CONCEPTUAL PLAN APPROVAL
Conceptual site plan, conceptual S.A.F.E. Building floor plan, and
conceptual building elevations have been approved by the City and form
the basis of this proposal. It is our understanding that no written
conditions of approval exist for this project and the City is ready to
commence final improvement plans conforming to the approved
conceptual documents.
GRADING PLAN PHASING
The precise grading plan shall designate 3 phases of grading
improvements:
Phase 1:
Pad areas and surrounding site for the historic house
and barn relocations.
Phase 2:
S.A.F.E. Building site.
Phase 3:
Site of the Pantry temporary trailer.
Because of the potential complications of providing all phasing
descriptions and designations on the precise grading plan document, we
are proposing a separate Phasing Plan to illustrate the 3 desired phases of
construction. Grade transitions between phased areas shall be determined
in the field and shall not be detailed on the Phasing Plan (per City
direction).
scope of services
(updated and revised)
The following Scope of Services reflects our interpretation of required
work tasks necessary to achieve the desired design and construction
documents for improvements to the Temecula Community Center Site.
It is the intent to produce construction documents that meet the
objectives of the City of Temecula in terms of work scope, budget
limitations, accessibility, design quality, innovation, and established
schedules. To assure achievement of this goal, adjustments to this
program can be made.
The proposed scope of work will include, but may not be limited to, the
following:
A. GENERAL REQUIREMENTS
1. Design meetings and presentations are complete and no
additional design meetings or presentations are proposed.
2. Provide design services that will be consistent with information
presented in the City's original Request for Qualifications as
modified by this document.
3. Provide design services limited by the Project Description and
Scope of Services. The City's current maximum design and
construction budget is not known by Meyer and Associates. For
construction of the proposed improvements under a public
works contract at prevailing wages, the City should allow for the
following construction costs at this time:
a. New bldg. improvements:
3,653 sq. ft. x $300.00/sq. ft.
$1,095,900.00
b. Site work:
$360,000.00:!: .
c. Total:
$1,455,900.00:!: .
(These cost figures should be considered as a budget guide only
and not a construction estimate),
4. See attached Exhibit 'A' for a precise Surveying and Civil
Engineering scope of services.
B. CONCEPTUAL DESIGN PHASE
1. City shall furnish all available documents(s) showing existing site
and building improvements, and existing utilities serving the site
and existing building. City shall furnish all available street
improvement plans, parking lot plans, and utility plans of all
improvements adjacent to the project site. City shall furnish site
title report for preparation of the project survey.
2. Review the City's proposed schedule and updated construction
budget requirements.
3. Provide project survey and foundation soils investigation/report.
4. The conceptual design of the facility is completed.
C. CONSTRUCTION DOCUMENTS PHASE
1. Prepare design development plans (50%:!:) to illustrate actual
scope of improvements. Plans shall be prepared as two (2)
construction document packages. Plan organization for
alternative packages or additional phasing of improvements is
not included at this time. Prepare outline specifications. Submit
maximum 7 review sets to Staff as required.
2. Revise plans as necessary in accordance with City comments
within the Project Scope.
3. Prepare preliminary opinion of probable construction cost for
improvements.
4. Prepare 100% final plans, specifications, opinion of probable
construction cost, required calculations, and bidding documents
in sufficient detail to obtain competitive bids. Plans shall
incorporate City standards and meet Federal, State and Local
requirements, as necessary.
5. Submit maximum 7 sets of final documents for final review as
required (Plan Check). City shall process documents through
required departments or agencies.
6. Correct plans, as required, and resubmit maximum 7 sets of final
documents for the City's final approval.
7. Assist City during the project bidding.
8. Attend pre-bid meeting to be organized by the City.
D. CONSTRUCTION SUPPORT
1. Provide answers to pertinent pre-bid questions.
2. Attend pre-construction meeting (Architect only).
3. Review shop drawings, samples, and other appropriate
submittals. Shop drawings will be reviewed for general
compliance with project construction drawings and project
intent. For each required building element, review initial
submittal only. Resubmittals and substitution requests will be
handled as extra services.
4. Provide regular site visitations and reports on construction
progress and quality as follows:
a. Architect: 24 Visits maximum
b. Mechanical Engineer: 2 Visits maximum
c. Electrical Engineer: 2 Visits maximum
d. Civil Engineer: 1 Visits maximum
e. Landscape Architect: 2 Visits maximum
f. Irrigation Designer: 1 Visits maximum
Provide site visits as necessary, in addition to the visits listed
above, to resolve errors or omissions in the plans.
5. Review monthly payment requests at regular site visitations and
make recommendations to the City.
6. Assist in determining and processing change orders caused by
errors or omissions in the plans. Change order assistance for
changes in project scope or for changes due to unforeseen
circumstances shall be handled as extra services.
7. Participate in one (1) final project review as scheduled by the
City and provide one (1) final "punch list." Final review shall be
attended by the Architect, Electrical Engineer. and Mechanical
Engineer.
8. Provide reasonable assistance to the City during construction to
clarify the intent of the plans and specifications.
E. POST CONSTRUCTION SUPPORT
1. Review red-lined as-built drawings prepared by Contractor.
2. Prepare as-built drawings from Contractor's mark-ups.
3. Furnish 2 sets of wet signed mylar copies of as-built drawings.
Provide electronic files of as-built drawings in AutoCAD 2000 or
newer.
F. RESPONSIBILITIES OF THE CITY
1 . Provide available documents accurately describing the existing
building and the existing site, illustrating all existing utilities of
record. Provide plans illustrating existing street improvements.
Coordinate and pay for required testing for hazardous materials,
including asbestos investigation and report. Provide hazardous
materials abatement specifications if necessary. Provide site
title report.
2. Coordinate and monitor document reviews, checking, and
approvals. Pay all agency fees.
3. Pay for reproduction of final bid documents (plans and specs).
4. Provide construction administration and inspection services.
5. Provide any required environmental surveys and reports.
6. Provide City's standard title block or title sheet format if
necessary.
7. Furnish City's standard front end bid documents ("Boiler Plate")
in final form for the project specifications.
8. Provide plan check submissions to City, County, State or Federal
Agencies if necessary.
9. Provide access to all areas of the site necessary for consultant
reviews.
10. Coordinate all meetings.
11. Provide specific architectural program and technical assistance
regarding operation of the facility.
12. Provide any additional information required by the Consultant for
proper performance of the work.
13. Provide documents or files to Contractor for as-built drawings.
14. Provide all hazardous materials investigations and reports.
15. Attach this proposal (minimum Project Description, Scope of
Services, and Fee Proposal) to any design services contract.
G. EXCLUSIONS BY MEYER AND ASSOCIATES
(Excluded services can be provided for additional fees).
1. All Consultant or Sub-Consultant services that are not listed as
services to be included in our Scope of Services.
2. All Sub-Consultants and disciplines that are not listed as
participants on our project team,
3. Excluded services include the following:
a. Construction documents for improvements other than those
listed in the Project Description.
b. Artists renderings or illustrations. Models.
c. Environmental impact reports or similar documents.
d. Plan check, permit or similar fees to governmental agencies.
e. Preparation or modification of drawings or documents due to
City changes to previously approved documents or City
changes to previous City direction.
f. Printing or reproduction of documents for project bidding or
construction.
g. Studies or analyses not specifically listed as included. Any
off-site studies or analyses. Investigations of existing
building systems, barriers to the disabled, seismic conditions,
etc.
h. On-site field utility investigations in addition to pre-planning
document research information provided by Underground
Service Alert. Utility pot-holing.
I. Soils investigations for agricultural suitability.
j. Off-site services including off-site utility connections, studies,
or research.
k. Street improvement documents for signalized intersections or
for street improvements.
I. Consulting of any kind with respect to hazardous materials
such as asbestos, mold, or lead paint.
m. On-going grounds or building maintenance analyses or
reports.
n. Destructive testing, x-ray services, or other invasive building
investigations.
o. Materials demolition or removal for evaluations.
p. Providing specialized testing equipment or specialty testing
by specialty consultants.
q. Fire sprinkler, fire alarm, or smoke control engineering or
construction documents, other than design coordination with
City vendors and plan set-up for design/build construction.
r. Stage design or stage construction documents.
s. Means of egress plan (typically not required by Fire
Department for this project scope).
t. Meetings or site visits in excess of those specifically outlined
in this proposal.
u. Timed egress analysis or fire modeling (not required by Fire
Department for this project).
v. Alternative or phased plans.
w. Security system or alarm
coordination with City
design/build construction.
system design, other than design
vendors and plan set-up for
x. Acoustical study or design by an acoustical consultant.
y. Traffic or parking studies or reports.
Z. Furniture or equipment design, layout, specifications, or
purchasing. Interior design.
aa. Wiring design for data and telephone. (Wiring design will be
provided by City on marked up plan and transferred to
construction drawings by Consultant).
bb. Video systems.
cc. Site retaining wall design for walls in excess of 6' high.
Building retaining walls or complex site retaining walls with
special loading requirements (such as automobile surcharges,
etc.).
dd.Sub-surface site drainage systems.
ee. Pile and grade beam foundation system.
ff. Prestressed concrete design.
gg.Boundary survey.
hh.WQMP, SWPPP, or similar storm water management plans
(not required per City's Department of Public Works).
ii. Kitchen design.
jj. Value engineering.
kk. Certifications of as-built or record documents for
completeness or accuracy. The Architect will not have
sufficient knowledge of the day-to-day operations of the
Contractor to make such a certification.
revised professional fee
(updated and revised)
Meyer and Associates proposes to complete the proposed Scope of Work for the following not-ta-exceed
lump sum fee:
Conceptual Design:
Maximum 10 Staff Meetings or Presentations.
Reviews.
Measure Existing Building.
Prepare Documents of Existing.
Floor Plan.
Roof Plan.
Exterior Elevations (4).
Soils Engineering/Report/Utility Locator Service.
Project Survey.
Conceptual Design.
Site Plan.
Building Floor Plan.
Building Elevations.
Conceptual Cost Opinion.
Initial Site Visit (Irrigation Designer).
Construction Documents:
Telephone Conduit Site Plan (Electrical Engineer).
Gas Service Site Plan (Mechanical Engineer).
Civil engineering:
Preliminary Improvement Drawings (50%). *
Preliminary Cost Opinion.
Outline Specifications.
Final Improvement Drawings (100%). *
Final Cost Opinion.
Final Specifications.
Construction Support Services:
Respond to Bidder Questions.
Pre-Con st. Meeting (Architect).
Shop Drawings/Color Selections.
RFI's.
24 Site Visits/Reports (Architect).
2 Site Visits/Reports (Electrical Engineer).
2 Site Visits/Reports (Mechanical Engineer).
1 Site Visit/Report (Civil Engineer).
2 Site Visits/Report (Landscape Architect).
1 Site Visit/Report (Irrigation Designer).
Final Review/Report (Architect).
Final Review/Report (Mechanical Engineer).
Final Review/Report (Electrical Engineer).
Review of Final Punch List Compliance (Architect).
Post Construction Support:
Review As-built Mark-ups from Contractor.
Prepare As-built Drawings.
As-Built Mylar Sets (2).
Reimbursable Expenses (Allowance):
Printing/Reproduction/Plotting.
Miscellaneous (Electrical Engineer).
Miscellaneous (Mechanical Engineer).
Miscellaneous (Civil Engineer).
REQUESTED TOTAL NOT-TO-EXCEED FEE FOR PROJECT COMPLETION
$ completed
$ completed
$ completed
$ completed
$ completed
$ completed
$ 7,760.00
$ 9,950.00
$ completed
$ completed
$ completed
$ 1,725.00
$ 920.00
$ 2,000.00
$ 2,000.00
$ 23,690.00
$ 38,650.00
$ 3,620.00
$ 1,200.00
$ 38,650.00
$ 3,275.00
$ 3,500.00
$ 300.00
$ 400.00
$ 3,300.00
$ 500.00
$ 9,600.00
$ 2,800.00
$ 2,530.00
$ 1,500.00
$ 1,200.00
$ BOO.OO
$ 950.00
$ 1,500.00
$ 1,500.00
$ 500.00
$ 750.00
$ 2,500.00
$ 5,000.00
$ 2,500.00
$ 250.00
$ 250.00
$ 250.00
$ 175,B20.00
Bid support services as requested shall be billed separately at the enclosed Standard
Hourly Rates.
*Break Down of Subconsultant Fees (Construction Documents):
Structural Engineering (Design Calculations):
Structural Engineering (Drawings):
Mechanical Engineering (Plumbing, HVAC):
Electrical Engineering:
Civil Engineering (Cozad and Fox):
On-site Precise Grading Plan/Driveway Plan
On-site Water/Sewer Plan
Parking Lot Horizontal Control Plan
Erosion Control Plan
Estimate of Probable Construction Costs
Permit Processing/Pian Check Response
Project Management
Phasing Plan and 8 hrs. of Related Coordination
Reimbursables
Irrigation Design:
(Subtotal
$ 4,830.00
$ 10,450.00
$ 9,890.00
$ 10,350.00
$ 8,970.00
$ 1,280.00
$ 2,200.00
$ 4,140.00
$ 480.00
$ 1,470.00
$ 1,470.00
$ 2,970.00
$ 710.00
$ 2,645.00
$ 61,855.00)
The above fees include costs for transportation, telephone, interim submittals, review
specifications, and normal insurance coverage. Meyer and Associates understands the City
will furnish information and services listed after our Scope of Services.
These fees have been based on the Project Description, Scope of Work, and the likely
construction budget of around $1A55,900. Meyer and Associates will provide construction
documents for improvements within the limits of the Project Description, Scope of Work, and
budget. Documents for improvements exceeding the Project Description, Scope of Work, or
budget are not included. Should the Project Description, Scope of Work, or budget be
increased, the fee may be adjusted accordingly. See proposal appendices for specific sub-
consultant scope of services.
Services will be billed on an hourly basis for actual work performed up to the total not-to-
exceed fee. The breakdown of fees above is a guideline only to illustrate estimated fee
components of the overall services. Without exceeding the not-to-exceed fee, actual work
performed will be responsive to specific job requirements and may vary from the itemized
listing above.
standard hourly rates
(updated and revised)
1. MEYER AND ASSOCIATES will provide services, as may be required and authorized
by the City, for hourly fees in accordance with the following schedule:
Principal
Project Coordinator
Project Architect
Project Landscape Architect
Recreation Designer
Architectural Designer
Landscape Architectural Designer
CAD Operator
Word Processor
Clerical
Design Meeting
Construction Site Visit/Meeting and Report
$
$
$
$
$
$
$
$
$
$
$
$
135.00
125.00
100.00
100.00
85.00
85.00
85.00
60.00
45.00
40.00
500.00
800.00
2. R.F. DANIELS AND ASSOCIATES will provide services, as may be required and
authorized by the City, for hourly fees in accordance with the following schedule:
Principal
Project Engineer
Staff Engineer
Clerical
$
$
$
$
125.00
100.00
80.00
40.00
3. REED CORP will provide services, as may be required and authorized by the City, for
hourly fees in accordance with the following schedule:
Principal
Project Manager
Designer
CAD Operator/Drafting
Clerical
$
$
$
$
$
140.00
90.00
80,00
70.00
35.00
4. F.T. ANDREWS will provide services, as may be required and authorized by the
City, for hourly fees in accordance with the following schedule:
Principal
Engineering Manager
Engineer
Senior Designer
Designer
CADD Technicians
Clerical
$
$
$
$
$
$
$
140.00
125.00
105.00
95.00
80.00
70.00
55.00
5. lANDSCAPE IRRIGATION CONSULTING will provide irrigation design services, as
may be required and authorized by the City, for hourly fees in accordance with the
following schedule:
Principal
Project Manager
Senior Draftsperson
Draftsperson
Clerical
$
$
$
$
$
110.00
85.00
60.00
50.00
40.00
6. O'CONNOR CONSTRUCTION MANAGEMENT will provide services, as may be
required and authorized by the City, for hourly fees in accordance with the
following schedule:
Principal
Senior Estimator
Senior Scheduler
Project Manager
Estimator
Scheduler
Computer Consultant
$
$
$
$
$
$
$
175.00
125.00
125.00
125.00
110.00
110.00
110.00
7. COZAD AND FOX will provide services, as may be required and authorized by the
City, for hourly fees in accordance with the following schedule:
Principal Civil Engineer
Principal land Surveyor
Senior Project Engineer
Project Engineer
Assistant Project Engineer
Administrative
Project Coordination
TypinglPrinting
Survey - Office Analysis
2 Man Survey Crew (4 Hour Minimum)
$
$
$
$
$
$
$
$
$
$
195.00
195.00
160.00
140.00
120.00
95.00
95.00
45.00
160.00
250.00
fee notes
(updated and revised)
1. Consultation in connection with Contractor disputes, arbitration, litigation,
court appearances and additional consultants will be quoted separately and
is not a part of this proposal.
2. Additional billing classifications may be added to the above listing during
the year as new positions are created.
3. It should be noted that the foregoing wage rates are effective through
January 1, 2008. The rates may be negotiated with the City after that date
to compensate for labor adjustments and other increases in costs.
4. Services of outside consultants not listed in this proposal shall be billed at
our direct cost, plus 15% of the actual cost of their services for
coordination.
5. Reimbursable items, such as the cost of blueprinting, graphic reproduction,
FAX, and plotting shall be billed at our direct cost plus 15%. Auto travel
will be charged at $0.40 per mile.
6. It is the responsibility of Meyer and Associates to schedule the project's
completion under normal conditions without the use of its staff on an
overtime basis. If the City adjusts the deadline or requests that work be
completed earlier than originally scheduled and thus requires overtime, the
fees shall be adjusted to cover the increased costs incurred by Meyer and
Associates. The hourly rates for overtime will be one and one-half (1 Yo j
times the standard hourly rates except for Sundays and holidays, which will
be two (2) times the standard hourly rates.
7. We will bill on a monthly basis in proportion to the time spent on the
project. All billing statements are due upon receipt. Interest will be
charged at the rate of 1 Yo % per month on the past due balance thirty days
and over. Meyer and Associates shall have the right to stop work should
accounts become past due.
8. Fees contained herein are valid for 6 months from the date of this Proposal.
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ITEM NO.1 0
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Approvals
City Attorney
Director of Finance
City Manager
~
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CkL
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman Parker, Director of Community Services
DATE:
July 10, 2007
SUBJECT:
Amendment NO.2 to Cooperative Agreement with Friends of the Temecula
Children's Museum
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council approve Amendment No.2, extending the term
of the agreement to June 30, 2010, to the Cooperative Agreement with the Friends of the Temecula
Children's Museum for the operation of the museum gift shop.
BACKGROUND: On March 16, 2004, the City Council approved a Cooperative
Agreement ("Agreement") with the Friends of the Temecula Children's Museum ("Association") for
the support of the Children's Museum and operation of the museum gift shop. Through the
Agreement, the Association, a local non-profit organization, the Association schedules volunteers
and paid staff to provide merchandising and sales responsibilities in the museum gift shop.
The Association engages in various fund raising efforts throughout the year. Funds raised by the
Association through gift shop sales and fund raising, after operating costs, are committed to the
enhancement of the Temecula Children's Museum. The Association has sponsored several special
events, workshops and other services.
The term of the Agreement expired on June 30, 2007. The proposed amendment to the Agreement
will extend the term of the license for three years to June 30, 2010. This extension is in accordance
with the provisions of the Agreement approved by the City Council on March 16, 2004. Approval of
the Amendment will allow the Association to continue providing gift shop operations, as well as,
ongoing fund raising and special event support for the museum.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENTS: Amendment NO.2 to the Cooperative Agreement with Friends of the
Temecula Children's Museum
AMENDMENT NO.2 TO COOPERATIVE AGREEMENT
BElWEEN THE CITY OF TEMECULA AND
FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM
FOR THE SUPPORT OF THE TEMECULA CHILDREN'S
MUSEUM GIFT SHOP
THIS AMENDMENT NO.2 is made and entered into as of July 10, 2007 by and
between the City of Temecula, a municipal corporation ("City") and the Friends of the
Temecula Children's Museum, a California non-profit corporation ("Association"). In
consideration of the mutual promises and covenants contained herein, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. This Amendment is made with respect to the following facts and purposes
which each of the parties agrees to be true and correct:
a. On March 16, 2004, the City and Association entered into that
certain "Cooperative Agreement Between the City of Temecula
and Friends of the Temecula Children's Museum for the Support
of the Temecula Children's Museum and Operation of the
Children's Museum Gift Shop".
b. On July 11, 2006, the City and Association entered into that
certain "First Amendment to Cooperative Agreement Between the
City of Temecula and Friends of the Temecula Children's Museum
for the Support of the Temecula Children's Museum and
Operation of the Children's Museum Gift Shop".
c. The Original License Agreement dated March 16, 2004, as
amended by Amendment No.1, shall be known collectively as the
"Agreement."
d. The parties now desire to amend the Agreement again in order to
extend the term of the Agreement.
2. Section 3 of the Agreement is amended to read as follows:
"3. Term. Association may utilize the Premises from March
16, 2004 until June 30, 2010 unless sooner terminated pursuant to
this Agreement. Either party may terminate this Agreement for
any reason by providing a sixty (60) day written notice of
termination to the other party."
3. Except as otherwise set forth in this Third Amendment, all other terms of
the License Agreement remain in full force and effect.
1111
C\ WI N DOWSlapsdoclnettemp\5884 \$ASQpdf849636. doc
IN WII'NESS WHEREOF, this Amendment NO.2 has been executed on behalf of
the parties as of the date first written above.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved as to Fonn:
Peter M. 111Orson, City Attomey
FRIENDS OF THE TEMECULA
CHILDEN'S MUSEUM
41981 Avenida Vista Ladera
Temecula, CA 62591
Phone (951 699-6061
Patricia Comerchero, President
Christina L. Veale-Gamboa. Vice-President
C\ WI N DOWSlapsdoclnettemp\5884 \$ASQpdf849636. doc
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ITEM NO. 11
I
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Approvals
City Attorney
Director of Finance
City Manager
~
(JO.....
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Mitch Aim, Chief of Police
DATE:
July 10, 2007
SUBJECT:
Agreement for DUI Drug and Alcohol Screening
PREPARED BY:
Heidi Schrader, Management Analyst
RECOMMENDATION: That the City Council approve the Agreement for Consultant Services
between The City of Temecula and Bio- Tox Laboratories, for DUI Drug and Alcohol Screening in the
amount of $8,000 for fiscal year 2006-07, and $42,000 for fiscal year 2007-08, for a total amount of
$50,000.
BACKGROUND: The City of Temecula pays for all DUI and drug testing performed on
drivers apprehended within the City limits. The City of Temecula Police Department and Temecula
Area of the California Highway Patrol utilize Bio-Tox Laboratories for almost all drug and alcohol
screenings utilizing blood and/or urine. Invoices are paid by Temecula, and the State of California
reimburses the City 100% for all DUI related costs.
The service provided by Bio-Tox Laboratories has been prompt and reliable, and we have received
positive comments from the District Attorney, our Officers, and our Finance Department. Bio-Tox
Laboratories payment rates have remained the same from the previous year.
The term of the contract includes one month from fiscal year 2006-07 as the previous contract limit
was reached prior to the end of June 2007. This is due to a stepped up program of DUI
enforcement, coupled with four Office of Traffic Safety grants. The result has been increased drug
and alcohol testing by the CHP and Temecula Police Department. The contract amount is not to
exceed $50,000 for the current term.
FISCAL IMPACT: Adequate funds exist within the fiscal year 2006-07 and fiscal year
2007-08 Police Department budgets to meet the estimated payment rates. (001-170-999-5328)
ATTACHMENTS:
Agreement for Consultant Services Between the City of Temecula
and Bio-Tox Laboratories for DUI Drug & Alcohol Screening.
AGREEMENT FOR CONSULTANT SERVICES BElWEEN THE
CITY OF TEMECULA AND
BIO-TOX LABORATORIES
FOR DUI DRUG & ALCOHOL SCREENING
THIS AGREEMENT is made and effective as of July 10, 2007, between the City of
Temecula, a municipal corporation ("City") and Bio-Tox Laboratories ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM. This Agreement shall commence on June 1, 2007, and shall remain and
continue in effect until tasks described herein are completed, but in no event later than July 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 Fifty
Thousand Dollars and No Cents ($50,000.00) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager. Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written authorization
is given to Consultant for the performance of said services.
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 an invoice of any disputed
fees set forth on the invoice.
P"\Finance\Agreement Samples.2007\Consultant-Prof Srvc Agrmnt.Sample. Revised 2007
Revised 6/18/07
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
2
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.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and
hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers
from and against any and all claims, demands, losses, defense costs or expenses, including
attorney fees and expert witness fees, or liability of any kind or nature which the City, District
and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may
be imposed upon them for injury to or death of persons, or damage to property arising out of
Consultant's negligent 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 0692
covering Automobile Liability, code 1 (any auto). If the Consultant owns
no automobiles, a non-owned auto endorsement to the General Liability
policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance. If the Consultant has no employees
while performing under this Agreement, worker's compensation insurance
is not required, but Consultant shall execute a declaration that it has no
employees.
(4) Professional Liability Insurance shall be written on a policy form providing
professional liability for the Consultant's profession.
(5) Hazardous Waste and Pollution Liability Coverage shall be written on a
policy form hazardous waste and pollution liability.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
(1) General Liability: One million ($1,000,000) per occurrence for bodily
injury, personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this
3
project/location or the general aggregate limit shall be twice the required
occurrence limit.
(2) Automobile Liability: One million ($1,000,000) per accident for bodily
injury and property damage.
(3) Worker's Compensation as required by the State of California; Employer's
Liability: One million dollars ($1,000,000) per accident for bodily injury or
disease.
(4) Professional Liability coverage: One million ($1,000,000) per claim and in
aggregate.
(5) Hazardous Waste and Pollution Liability Coverage:
($1,000,000) per claim and in aggregate.
One million
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option
of the City Manager, either the insurer shall reduce or eliminate such deductibles
or self-insured retentions as respects the City, its officers, officials, employees
and volunteers; or the Consultant shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by the
Consultant; or automobiles owned, leased, hired or borrowed by the
Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, officials, employees or
volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers shall
be excess of the Consultant's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this agreement shall be endorsed to
state: should the policy be canceled before the expiration date the issuing
4
insurer will endeavor to mail thirty (30) days' prior written notice to the
City.
6) If insurance coverage is canceled or, reduced in coverage or in limits the
Consultant shall within two (2) business days of notice from insurer
phone, fax, and/or notify the City via certified mail, return receipt
requested of the changes to or cancellation of the policy.
e. Acceptabilitv 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.
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
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such ordinances, laws and
regulations. The City, and its officers and employees, shall not be liable at law or in equity
occasioned by failure of the Consultant to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
5
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without
written authorization from the City Manager or unless requested by the City Attorney, voluntarily
provide declarations, letters of support, testimony at depositions, response to interrogatories or
other information concerning the work performed under this Agreement or relating to any project
or property located within the City. Response to a subpoena or court order shall not be
considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Consultant and/or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response.
13. NOTICES. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (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: City Manager
To Consultant:
Bio-Tox Laboratories
1965 Chicago Avenue, Ste. C
Riverside, CA 92507
Attn: Tracy Stangarone
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.
6
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.
7
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:
Bio-Tox Laboratories
Attn: Tracey Stangarone
1965 Chicago Avenue, Ste C
Riverside, CA 92507
Phone: 951-341-9355
Fax: 951-341-9359
By:
Name:
Title:
By:
Name:
Title:
[Signatures of Two Corporate Officers Required]
8
EXHIBIT A
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
. Toxicology testing services for the City of Temecula Police Department. Testing will
consist of the screening of appropriate bodily fluids (e.g.: blood or urine) for the
presence or absence of drugs or alcohol utilizing the most current and state of the art
procedure. The various test prices are listed on Exhibit B.
. Bio Tox will obtain specimens from the following location:
City of Temecula Police Department
Southwest Station
30755-A Auld Road
Murrieta, CA 92562
Acceptable response time from the notification that a specimen is ready for pick up is to be no
longer than three (3) working days (working days are 8:00 am to 5:00 pm Monday through
Friday). Final laboratory reports are to be delivered/mailed by the lab to the Temecula Police
Department.
. Bio Tox will provide consultation and courtroom testimony by a Board Certified
Toxicologist on the technical aspects of all toxicological tests and analysis performed
by Bio Tox Laboratories when required and with reasonable notice. Cost for these
services will be at the normal rate charged to departments for these services.
9
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Prices for services are as outlined in the cost listing provided by the contractor Bio-Tox
Laboratories, attached hereto and incorporated herein as though set forth in full. In no event
shall such services exceed $50,000 except as provided pursuant to Section 4 of the Agreement.
TEMECULA POLICE DEPARTMENT PAYMENT RATES AND SCHEDULE
July 1, 2007 through June 30, 2008
Test Description
4 Drug Panel, Qualitative
(Drug screen to include Amphetamines, Cocaine, Opiates, PCP)
Expanded 6 Drug Panel, Qualitative
(Drug screen to include Amphetamines, Cocaine, Opiates, PCP,
Benzodiazepines, and Cannabinoids)
Barbiturate Screen
Free Morphine Screen
Cannabinoids Screen
Benzodiazepine Screen
Alcohol, Ethyl Title 17
Quantitative Confirmation
By GC/MS, LC/MS or LC/MS/MS, per drug class
(To include Amphetamines, Cocaine, Opiates, PCP, or Cannabinoids-urine)
Other Drugs analyzed by GC/MS, LC/MS or LC/MS/MS, per drug class
(Some may be slightly higher)
Cannabinoids Confirmation, Blood-Quantitation
Benzodiazepines Panel with Quantitation
(To include Alpha-Hydroxyalprazolam, Alpha-Hydroxytriazolam, Alprazolam
(Xanax), Chlordiazepoxide (Ubrium), Demoxepam, Desalkylflurazepam,
Diazepam (Valium), Estazolam, Flurazepam (Dalmane), Lorazepam
(Ativan), Midazolam (Versed), Norchlordiazepoxide, Nordiazepam,
Oxazepam (Serex), Temazepam (Restoril), Triazolam (Halcion).
Comprehensive Drug Panel
(Drug screen to include over 180 different basic, neutral and/or acidic drugs, and alcohol
analysis. Parlia/list to include Amphetamines, Cocaine, Opiates, PCP, Benzodiazepines,
Cannabinoids, Barbiturates, Amitryptiline, Amobarbital, Amoxapine, Butalbutal,
Chlorpheniramine, Chlorpromazine, Cyclobenzaprine, Desipramine, Oextromethorphan,
Diazepam, Diphenhydramine, Oisopyramide, Ooxepin, Doxylamine, Imipramine, Lidocaine,
Loxapine, Meperidine, Methadone, Methapyrilene, Methaqualone, Nortriptyline, Pentazocine,
Pentobarbital, Phencyclidine, Phenobarbital, Propoxyphene, Secobarbital, Thioridizine,
Trimipramine, Tripelennamine, and Verapamil.)
10
Unit
Charge
$17.53
$35.00
$16.70
$15.20
$16.70
$16.70
$35.00
$69.50
$79.80
$99.00
$125.00
$125.00
Ii
-
I.
ITEM NO. 12
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
(J{L.,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
July 10, 2007
SUBJECT:
Agreement for Architectural Consulting Services Between the City of Temecula
and Roger Cantrell (Contract Extension)
PREPARED BY:
Dale West, Associate Planner
RECOMMENDATION: That the City Council approve a Contract with Roger Cantrell for
architectural plan review services in the amount of $120,000.00 for fiscal year 2007-08.
BACKGROUND: On January 25,2005, the City Council first approved a contract with
Roger Cantrell for architectural review services for the remainder of Fiscal Year 2004-05 to assist in
the review of proposed development plans. The contract stipulates that the City could, upon mutual
agreement, extend the contract for three one-year additional terms. Staff is recommending
extending the contract for a one-year term from July 10,2007 through June 30, 2008.
The services provided by Roger Cantrell have greatly benefited staff and the Planning Commission
in the review of Planning Applications, and staff recommends granting another one-year contract in
the amount of $120,000.00. The consultant agrees with the terms of the current contract and his
fees for services will not change with the new contract.
FISCAL IMPACT: Payments to the consultant will be paid from the Planning Department
budget and adequate funds have been included in the FY 2007-08 Operating Budget. All consultant
fees will be paid by applicants and deposited into the City's General Fund in accordance with the
approved fee schedule shown in Exhibit "B" of the contract.
ATTACHMENTS:
Agreement for Consulting Services
AGREEMENT FOR CONSULTANT SERVICES BElWEEN THE
CITY OF TEMECULA AND ROGER CANTRELL
ARCHITECTURAL PLAN REVIEW SERVICES
THIS AGREEMENT is made and effective as of July 10, 2007, between the City of
Temecula, a municipal corporation ("City") and Roger Cantrell ("Consultant"). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 10,2007, 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. The City may,
upon mutual agreement, extend the contract for two one-year additional terms.
2. SERVICES. Consultant shall perform the services and tasks described and set
forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in
Exhibit A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be
obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of
prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing
wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8,
1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of
the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each
calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than
the stipulated prevailing rates for any work done under this contract, by him or by any
subcontractor under him, in violation of the provisions of the Contract.
5. PAYMENT.
A. The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the
payment rates and schedule of payment are null and void. This amount shall not exceed
$120,000.00 for the total term of the Agreement unless additional payment is approved as
provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager. Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written authorization
is given to Consultant for the performance of said services.
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 an invoice of any disputed
fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
A. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5.
7. DEFAULT OF CONSULTANT.
A. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Consultant. If such failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In
the event that the Consultant fails to cure its default within such period of time, the City shall
have the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS.
A. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
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.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and
hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees
may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Consultant's negligent or wrongful acts or omissions arising
out of or in any way related to the performance or non-performance of this Agreement,
excepting only liability arising out of the negligence of the City.
10. INSURANCE REQUIREMENTS.
A. 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.
B. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
1)
CG 00 01 11 85 or 88.
Insurance Services Office Commercial General Liability form No.
2) Insurance Services Office Business Auto Coverage form CA 00
01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no
automobiles, a non-owned auto endorsement to the General Liability policy described above
is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
C. 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.
4)
claim and in aggregate.
Professional Liability coverage: One million ($1,000,000) per
D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
E. 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 agreement shall be
endorsed to state: should the policy be cancelled before the expiration date the issuing
insurer will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is cancelled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from the insurer, phone, fax,
and lor notify the City via certified mail, return receipt requested of the changes to or
cancellation of the policy.
F. 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. Self
insurance shall not be considered to comply with these insurance requirements.
G. 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.
11. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
B. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such ordinances, laws and
regulations. The City, and its officers and employees, shall not be liable at law or in equity
occasioned by failure of the Consultant to comply with this section.
13. RELEASE OF INFORMATION
A. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives City notice of such court
order or subpoena.
B. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Consultant and/or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response.
14. NOTICES. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (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: City Manager
To Consultant:
Roger Cantrell
P.O. Box 1218
Studio City, CA 91604
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment
for actual services performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing party, as
determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation
expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall
have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or
employee of the City of Temecula has any interest, whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's
sub-contractors on this project. Contractor further agrees to notify the City in the event any
such interest is discovered whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and upon
each party's own independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has
the authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
CONSULTANT:
Roger Cantrell
P.O. Box 1218
Studio City, CA 91604
Attention: Roger Cantrell
By:
Name:
Title:
By:
Name:
Title:
[Signatures of Two Corporate Officers Required]
EXHIBIT A
SCOPE OF WORK
Roger Cantrell ("Consultant") and City Staff ("City") will perform the following tasks pursuant to
the terms of this Contract:
1. City staff will mail via first class postage to Consultant, one (1) full-size set of blueprints
for each projects for review, containing at a minimum, site plan, elevations, and grading
plan; and via e-mail, City staff will deliver to Consultant electronic files of same prints in a
format mutually acceptable to City and Consultant.
2. Consultant will review plans and prepare written analysis, including, but not limited to an
assessment of whether the plans conform with the City's adopted Design Guidelines,
Development Code, and General Plan; recommendations on how the plans should be
revised to achieve, or improve consistency with said City documents; and any other
comments/illustrations Consultant deems necessary to effectively perform his tasks as
contracted. The written analysis will be sent to designated City representatives via e-
mail, no later than fourteen (14) days from receipt of e-mailed plans from City, and
followed up by a written "hard copy" letter mailed first class postage.
3. Consultant will participate in professional discussions of plans with City staff and
applicants on an "as-needed" basis by various means of communications, including e-
mail, telephone conference calls, and the occasional attendance at meetings in person.
However, City will strive to minimize the number of occurrences requiring personal
attendance and will attempt to exhaust all other methods of communication before
requesting personal attendance by Consultant. The incidental costs associated with
communicating with the City and/or applicants during the course of performing the
required tasks outlined in this contract shall be borne entirely by the Consultant, unless
alternative arrangements are pre-authorized by the City.
EXHIBIT B
PAYMENT RATES AND SCHEDULE
1. Consultant agrees to perform services stipulated by this contract based on the amount of
$0.05 oer oross souare footaoe of all proposed buildings shown on plans forwarded for
review and analysis.
2. In the case of single-family residential Product Reviews, the $0.05 rate shall be
computed based on the total gross square footage of each model/elevation being
proposed. For example, if a 100-lot residential Product Review application is comprised
of three elevations of a Model One, three elevations of a Model Two, and three
elevations of a Model Three, the payment rate is based on the gross square footage of
all nine model types.
3. All incidental costs to Consultant associated with performing the stipulated tasks of this
contract (i.e. telephone bill, computer, travel expenses, duplicating costs, etc.) shall be
assumed to be built-in to the approved payment rate, unless alternative arrangements
are pre-authorized by the City.
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ITEM NO. 13
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Approvals
City Attorney
Director of Finance
City Manager
~
(l(L,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
July 10, 2007
SUBJECT:
Formation of a City Council Transit Sub-committee
PREPARED BY:
Dale West, Associate Planner
RECOMMENDATION: That the City Council appoint Council Members Roberts and
Comerchero to the City Council Transit Subcommittee in an effort to focus on improving commuter
transit opportunities between the Temecula Valley and north San Diego County.
BACKGROUND: The Interstate 15 Interregional Partnership (1-15 IRP) was formed in
2001 between the San Diego Association of Governments (SANDAG), Western Riverside Council of
Governments (WRCOG), Riverside County Transportation Commission (RCTC) and the Riverside
Transit Agency (RTA). The primary goal of the 1-15 IRP is to foster collaborative strategies in
economic development, transportation, and housing that will improve the quality of life of residents in
both counties.
One of the long term recommended strategies that resulted from the 1-15 IRP work program is the
implementation of an interregional public transit commuter service along 1-15 between the Temecula
Valley and north San Diego County region. While staff works with the transportation agencies to
bring additional service to the Temecula Valley, staff fees that it would be advantageous to establish
a sub-committee of the City Council to provide staff appropriate policy level direction for the
development and implementation of commuter transit services.
FISCAL IMPACT:
None
ATTACHMENTS:
None
TEMECULA COMMUNITY
SERVICES DISTRICT
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ITEM NO. 14
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
JUNE 26, 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
26 Minutes
RECOMMENDATION:
26.1 Approve the minutes of June 12, 2007.
27 Arts Council Community Grant Acreement
RECOMMENDATION:
27.1 Approve the Community Grant Agreement between the Temecula Community
Services District (TCSD) and the Arts Council of Temecula Valley in the amount of
$40,000 for FY 2007/08.
MOTION: Director Edwards moved to approve staff recommendation. Director Washington
seconded the motion and electronic vote reflected unanimous aooroval.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
Director of Community of Services Parker invited the public to attend the City's Fourth of July
Parade in Old Town at 10:00 a.m.; Fourth of July festivities at the Ronald Reagan Sports Park
at 2:00 p.m.; and Fireworks Show at 9:00 p.m.
CSD GENERAL MANAGERS REPORT
No additional comments.
R:\Minutes\062607
CSD BOARD OF DIRECTORS REPORTS
No additional comments.
CSD ADJOURNMENT
At 7:47 p.m., the Temecula Community Services District meeting was formally adjourned to
Tuesday, July 10, 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\062607
2
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ITEM NO. 15
I
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Approvals
City Attorney
Director of Finance
City Manager
~~
?fs-
~
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Temecula Community Services District
DATE:
July 10, 2007
SUBJECT:
Agreement with West Coast Arborists, Inc. for Tree Trimming Maintenance
Services
PREPARED BY:
Jerzy Kanigowski, Facility Services Manager
RECOMMENDATION: That the Boards of Directors approve the Agreement with West Coast
Arborists, Inc. in the amount of $100,000.00 plus a 10% contingency in the amount of $10,000.00
for tree trimming services for Fiscal Year 2007-2008.
BACKGROUND: In March 26, 2007 the Public Works Department sent Requests for
Proposals (RFP) and specifications for the Citywide Tree Trimming Maintenance Services to twenty
(20) trimming contractors. On April 18, 2007 seven (7) proposals were received for tree trimming
maintenance services. The Temecula Community Services District will be utilizing Public Works
Department (RFP) to enter into a contract with West Coast Arborists, Inc. for parks/slope tree
trimming maintenance services.
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 one of
the highest ranked firms based on their submittal.
The work to be performed includes tree trimming, tree and stump removals, root pruning, tree
planting and emergency work call-out. This work is necessary to maintain trees located on various
areas maintained by Temecula Community Services Distict.
R\ SIRE REPORTS ET AL\Maintenance\Agenda Report 2007-2008\West Coast Arborists 2007-200B.doc
West Coast Arborists, Inc. has performed work for the Temecula Community Services District in the
past, and we have found their work to be satisfactory.
FISCAL IMPACT: Sufficient funds are available in the FY2007-2008 Annual Operating
Budget. The total contract amount is $110,000.00 which includes the contract amount of
$100,000.00 plus the 10% contingency of $10,000.00.
ATTACHMENTS:
Contract
R\ SIRE REPORTS ET AL\Maintenance\Agenda Report 2007-2008\West Coast Arborists 2007-200B.doc
TEMECULA COMMUNITY SERVICES DISTRICT
MINOR MAINTENANCE AGREEMENT
FOR
TREE MAINTENANCE SERVICES
(Minor Projects)
THIS MAINTENANCE CONTRACT made and entered into as of July 10, 2007,
by and between the Temecula Community Services District ("District"), and West Coast
Arborists, 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 July 1 0, 2007 and shall remain and
continue in effect until June 30, 2008 unless sooner terminated pursuant to the provisions of
this Agreement. The District reserves the option to extend the Agreement under the same terms
and conditions for three (3) additional one-year terms per the attached pricing schedule in
Exhibit B.
2. SCOPE OF WORK. Contractor shall perform all of the work described in the
Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment, and all
utility and transportation services required for the Work. All of said Work to be performed and
materials to be furnished for the Work shall be in strict accordance with the specifications set
forth in the Scope of Work.
3. PAYMENT. The District agrees to pay Contractor monthly, in accordance with
the payment rates and schedules and terms as set forth in Exhibit B, attached hereto and
incorporated herein by this reference as though set forth in full, based upon actual time spent
on the above tasks. This amount shall not exceed One Hundred Thousand Dollars and 00
Cents ($100,000.00) plus a 10% contingency for the total term of the Agreement unless
additional payment or change order is approved as provided in this Agreement.
a. Contractor shall submit invoices monthly for actual services performed
detailing the work performed in a form acceptable to the Director of Finance. Invoices shall be
submitted on or about the first business day of each month, for services provided in the previous
month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-
disputed fees. If the District disputes any of contractor's fees it shall give written notice to
Contractor within 30 days of receipt of invoice of any disputed fees set forth on the invoice.
4. CHANGE ORDERS. The General Manager may approve additional payment up
to ten (10%) of the amount of the Agreement, but in no event shall the total sum of the
agreement exceed one hundred ten thousand dollars ($110,000.00). Change orders exceeding
these limits shall be approved by the Board of Directors.
5. PERFORMANCE. Contractor shall at all time faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in meeting its
obligations under this Agreement.
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6. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall
be furnished and work performed and completed subject to the approval of the District or its
authorized representatives.
7. WAIVER OF CLAIMS. On or before making final request for payment under
Paragraph 3., above, Contractor shall submit to District, 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 District 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 Board of Directors 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 District Secretary.
Copies may be obtained at cost at the District Secretary'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.
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
District 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
District 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 District. Upon termination of the
Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant
to Section 3.
10. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, the District 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 General 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
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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 District shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and
hold harmless the District, 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 District, 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 District.
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 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 General Manager. At the option of the
General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the District, 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.
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d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The District, 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 District, 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 District, 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 of the
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 agreement shall be
endorsed to state: should the policy be cancelled before the
expiration date the issuing insurer will endeavor to mail thirty (30)
days' prior written notice to the District.
(6) If insurance coverage is cancelled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice
from insurer phone, fax, and/or notify the District via certified mail,
return receipt requested of the changes to or cancellation of the
policy.
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 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 District. All endorsements are to be received and approved by the
District before work commences. As an alternative to the District's forms, the Contractor's
insurer may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
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"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 of the essence in this Contract.
14. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain
as to the District 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 District 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 District. Contractor shall not incur or have the power to incur any
debt, obligation or liability whatever against the District, or bind District in any manner.
a. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for District. District shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
15. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of 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 District, 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 the District 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.
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17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the District 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. PROHIBITED INTEREST. No member, officer, or employee of the District 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 covenants
and agrees to their knowledge that no board member, officer or employee of the District has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the
business of the contracting party other than the District, 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.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and upon
each party's own independent investigation of any and all facts such party deems material.
20. 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 District.
21. UTILITY LOCATION. The District acknowledges its responsibilities with respect
to locating utility facilities pursuant to California Government Code Section 4215.
22. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
23. 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.
24. 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:
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To District:
Temecula Community Services District
43200 Business Park Drive
Temecula, California 92590
Attention: District Manager
To Contractor:
West Coast Arborists, Inc.
2200 E. Via Burton St.
Anaheim, CA 92806
Phone: (714) 991-1900
Contact Person: Patrick O'Malley
25. 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 District.
26. 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.
27. GOVERNING LAW. The District and Contractor understand and agree
that the laws of the State of California shall govern the rights, obligations, duties and liabilities of
the parties to this Agreement and also govern the interpretation of this Agreement. Any
litigation concerning this Agreement shall take place in the municipal, superior, or federal City
court with jurisdiction over the City of Temecula.
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.
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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:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
West Coast Arborists, Inc.
2200 E. Via Burton Sl.
Anaheim, CA 92806
Phone: (714) 991-1900
Contact Person: Patrick O'Malley
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
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EXHIBIT "A"
SCOPE OF WORK
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the District and the Contractor for the District tree maintenance
services at the various locations upon real and personal property of the District. Work will
include tree trimming, tree and stump removals, root pruning, tree planting and emergency call-
out. This work is necessary to maintain approximately 21,000 trees within the District
boundaries. The procedure for assigning work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to
Contractor a written "Request for Work". The Request for Work shall include a description of
the work to be completed, the time for completion of the work, and the plans and specifications,
if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
A. Reauired Qualifications
1. Contractor must hold a State of California Contractor's License (C-27 and/or C-61 or D-
49).
2. Contractor must have full time, permanently employed staff trained and certified in the
tree maintenance industry.
3. Contractor must submit to the Maintenance Superintendent of Temecula Community
Services District a Quality Control plan at the time of proposal submission. The Quality
Control Plan shall provide contractor management with an effective and efficient means
of identifying and correcting problems throughout the entire scope of operations. This will
include the staffing of an arborist, certified through the International Society of
Arboriculture (ISA) for the entire length of the contract as Site Supervisor (certification
required).
4. Contractor must have satisfactorily completed at least five (5) separate and individual
Southern California municipal tree trimming projects in the last five (5) years or provide
evidence of comparable projects. Each project shall be of comparable size to the scope
of this project.
C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf849616. doc
5. Contractor must submit to the Maintenance Superintendent of the Temecula Community
Services District current OSHA certification of all aerial devices and the most recent
California Highway Patrol Commercial Vehicle Inspection Report to be used during this
project at the time of submitting proposal.
6. Contractor must submit to the Maintenance Superintendent of the Temecula Community
Services District, for approval, a current Safety Manual meeting SB198 requirements for
injury and illness prevention, at the time of submitting proposal.
B. Prunina Standards and Soecifications
1. All work shall conform to the 1988 Pruning Standards of the Western Chapter ISA and
these specifications. In all cases the District's authorized representative shall have
complete and sole discretion in determining conformance and acceptability of trees
trimmed by the contractor. Trimmed trees rejected by the District's Maintenance
Superintendent shall be excluded from payment.
2. Contractor shall comply with Standards of CAL OSHA and the American National
Standard Institute, Z133 Safety requirements.
3. Contractor shall provide and post "NO Parking" signs 72 hours in advance of the work
and distribute written notices to affected residents of the pending work. Notices shall be
printed on both sides, in English and Spanish.
4. Contractor shall endeavor to maintain good public relations at all times. The work shall
be conducted in a manner, which will cause the least possible interference and
annoyance to the public. Work shall be performed by competent, qualified and certified
employees and supervised by an experienced Supervisor in tree trimming operations.
The contractor shall be responsible to see that private property and vehicles at work
locations are not endangered or damaged during the course of work.
5. Contractor shall exercise precautions as necessary when working adjacent to aerial and
subterranean utilities. In the event that aerial utility wires present a hazard to the
contractor's personnel or others near the work site, work is to immediately cease and the
appropriate utility company notified. Work shall then commence in accordance with
instructions from the utility company. In the event that work causes excavation, the
contractor is responsible for appropriate notification of Underground Service Alert (USA).
6. No hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming.
Any vine plant growing on the trees shall be removed to ground level.
7. final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner
to promote fast callous growth.
8. Unless otherwise provided, trees are to be trimmed block by block, subject to the
instructions of the Maintenance Superintendent of the Temecula Community Services
District.
9. Contractor shall maintain at least one (1) bi-lingual English/Spanish speaking foreman,
on-site at all times.
10. When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools
shall be cleaned after each cut with alcohol or bleach.
C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf849616. doc
11. Topping shall not be done without prior approval of the District.
C. Street Tree Trimminq
1. Trees shall be trimmed to provide a minimum clearance of fifteen (15) feet over the
roadway and nine (9) feet over walkways. Trees shall also be trimmed to remove any
obstruction around traffic control devices, traffic signs and streetlights.
2. The specific techniques employed shall be consistent with industry practice for the size
and species of tree being trimmed. All dead, broken, damaged, diseased or insect
infested limbs shall be removed at the trunk or main branch. All cuts shall be made
sufficiently close, 1/2 inch, to the parent stem so that healing can readily start under
normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The
remaining limbs and branches shall not be split or broken at the cut. All crossed or
rubbing limbs shall be removed unless removal will result in large gaps in the general
outline of the tree.
D. Street Tree Aesthetic Trimmina
1. Aesthetic tree trimming will be performed on a special request basis only. The
Contractor will be given specific locations for aesthetic trimming in writing by the
Maintenance Superintendent of the Temecula Community Services District prior to any
work being performed.
2. Trees designated for aesthetic trimming shall be trimmed, shaped and thinned. The
trimming shall provide a symmetrical shape and aesthetically pleasing appearance
typical of the species. In addition, trees shall be trimmed to provide a minimum
clearance of fifteen (15) feet over the roadway and nine (9) feet over walkways. Trees
shall also be trimmed to remove any obstruction around traffic control devices, traffic
signs and streetlights. Additional trimming shall be performed to mitigate any extreme
effect of the clearance trimming and provide an aesthetic appearance.
3. The specific techniques employed shall be consistent with industry practice for the size
and species of tree being trimmed. All dead, broken, damaged, diseased or insect
infested limbs shall be removed at the trunk or main branch. All cuts shall be made
sufficiently close 1/2 inch; to the parent stem so that healing can readily start under
normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The
remaining limbs and branches shall not be split or broken at the cut. All crossed or
rubbing limbs shall be removed unless removal will result in large gaps in the general
outline of the tree. All trees shall be thinned of smaller limbs to distribute the foliage
evenly.
E. Palm Tree Trimminq
1. Standard trim; remove all dead and live fronds to that the remaining healthy fronds are
existing at an upward thirty (30) degree angle in relation to a horizontal plane at the head
of the palm tree. All frond sheaths shall be removed along the entire length of the tree.
F. Tree Removal
C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf849616. doc
1. The trees to be removed will be marked in a manner determined by the Maintenance
Superintendent of the Temecula Community Services District. Only those trees marked
by the District shall be removed by the contractor.
2. Trees shall be felled in a manner consistent with industry practice with the primary
emphasis on the safety of the public and the protection of adjacent property.
3. Stumps shall be ground to a minimum of twelve (12") inches below the level of the
adjacent ground. Holes shall be filled with resulting mulch and raked level with the
adjacent ground. All wood, debris and excess mulch shall be removed and the
surrounding area shall be raked and/or swept clean. Note: if stump grinding does not
follow within the same work day as removal, the tree trunk shall be left at five (5") feet
above grade or a safety barricade shall be placed and maintained over the stump until
the stump grinding in complete.
4. The contractor shall be responsible for contacting Underground Service Alert (USA) for
the locating of underground utilities prior to stumping operations.
G. Root Prunina
1. Root pruning work will be specified on work orders to the contractor with specific street
address and location, as well as, identifying root pruning along the sidewalk or curb or
both.
2. Roots shall be pruned immediately adjacent to the edge of the sidewalk or curb or other
improvement. Root pruning cuts shall be four (4") inches wide, sixteen (16") inches deep
as measured from the top of sidewalk, curb or adjacent improvement and extended eight
(8') feet in each direction from the centerline of the tree (16' total length).
3. Root pruning equipment shall be specifically designed for this purpose with cutting teeth
sharpened adequately to sever roots in a clean manner and equipped with padded
tracks or rubber tires to prevent scraping or marking of sidewalks.
4. All cuts shall be backfilled immediately upon completion of root pruning and installation
of root barrier if required at each location. Backfill material shall consist of dirt and/or
mulch from root pruning and shall be free from rocks. All debris generated by these
operations shall be immediately removed from the site and properly disposed of outside
the right-of-way.
H. Plantina
1. Planting trees, including staking and installing ties, trunk guards, root barriers, to
maximize tree health and survival. Provide trees and all materials and labor necessary
for a complete and proper installation. New trees are to be installed in accordance with
APWA Standard plans for Public Works construction details 520-2 and double staked
per 518-2 double.
I. Emeraencv / "On Call" Work
1. Contractor shall be required to provide emergency/"on call" response to hanging limbs,
wind damaged or downed trees. This may be at night or during storm or other bad
weather conditions. The contractor will be given specific locations and the work to be
done at each location via a telephone call from a District authorized representative. The
C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf849616. doc
contractor shall be required to start the work indicated within sixty (60) minutes of the
initial telephone call and report back to the District representative upon completion of the
work specified.
2. The contractor is required to provide a 24-hour emergency phone number and/or pager
number and names of a minimum of two (2) contact individuals within one week of
award of contract. Should the phone number, pager number or contact person(s) change
during the course of the contract it will be the responsibility of the contractor to notify the
District. In the event the contractor cannot be contacted or fails to respond a
penalty of $500.00 per incident will be deducted from future contractor payments.
3. The contractor shall be required to provide all traffic control required during any
emergency operations. Should the work involve any high voltage lines the contractor
shall be required to notify the responsible utility company.
4. Work performed under the emergency provision of this contract shall be paid for on a
time and materials basis. This shall include all labor, tools, equipment, disposal fees,
and materials necessary for completing the emergency work. The contractor shall supply
a list of manpower and equipment rates to be charged, and a mark up percentage for
materials and other costs. This list is to be supplied with submitted proposal.
J. Schedule of Work and Hours of Ooeration
1. Contractor will be required to commence work within ten (10) working days of award of
contract. The contractor shall, prior to commencing work, submit and gain approval of a
weekly work schedule indicating the order and location of work.
2. The general hours of operation shall be 9:00 a.m. to 3:00 p.m. on major streets and 7:30
a.m. to 4:00 p.m. on residential streets with respect to any chipping, cutting, or other
operations generating harsh or unusual noise. The days of operation shall be Monday
through Friday. No work shall be Derformed on Saturdav or Sundav unless
authorized bv the District.
3. In addition, the contractor shall meet with the District's Maintenance Superintendent or
his designee on a pre-scheduled monthly basis.
K. Clean Uo
1. Contractor shall clean all job sites when work is completed, including the raking of
leaves, twigs, etc. from the lawns, and the sweeping of sidewalks and streets.
2. Each day's scheduled work shall be completed and cleaned up and under no
circumstances shall any brush, leaves, debris or equipment be left on the street
overnight. Contractor's equipment may be stored overnight, with advance approval, in
the District Maintenance Yard, however, the District will not be responsible for security of
contractor's equipment.
3. Brush and debris shall be removed daily, sidewalks swept, lawns and medians raked,
and gutters cleaned.
4. The Maintenance Superintendent of the Temecula Community Services District, or
authorized representative, shall be the sole judge as to the adequacy of the clean up.
C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf849616. doc
L. Disoosal of Materials or Debris
1. All tree branches, brush, tree trunks and other materials produces as a result of the
contractors operations under this contract become the property of the contractor and will
be reduced, reused, recycled, and/or transformed. Anv debris or materials reauirina,
disDosal shall not be deDosited in a landfill.
2. Reducing will include, but is not limited to chipping, grinding, and/or shredding
operations. Reusing will include, but is not limited to using chipped, ground, or shredded
tree material as mulch. Recycling will include, but is not limited to chipped, ground, or
shredded tree material used to produce compost. Transformation will include but is not
limited to fire wood that is too large to be chipped, ground or shredded for use as mulch.
M. Insoectio!l
1. The Maintenance Superintendent of the Temecula Community Services District, or an
authorized District representative, shall at all times, have access to the work and shall be
furnished with every reasonable facility for ascertaining full knowledge respecting the
progress, workmanship, and character of materials and equipment used and employed
in the work. The inspection of the work shall not relieve the contractor of any of his/her
obligation to fulfill the contract and/or complete the project described. Defective work
shall be made good notwithstanding the fact that such defective work may have been
previously overlooked by both Maintenance Superintendent's and/or the authorized
District representative and accepted for payment.
N. Brochures
1. Contractor will provide brochures that are acceptable to the Maintenance Superintendent
of the Temecula Community Services District that describes the tree trimming process
and are readily accessible to the citizens of Temecula. Sample brochures must be
included with submitted proposal.
2. Public notice of the tree trimming program will be supplied by the contractor with final
approval by the Maintenance Superintendent of the Temecula Community Services
District.
O. Tree Inventorv Database
1. Contractor is to complete a tree inventory for the District and provide the District with a
state of the art record keeping computer and software system that allows the District to
maintain information about a tree population, including the work history and service
request information, tree and planting site location information, maintenance
requirements and species names. The system will print condensed or detailed listings of
tree and site information, work histories, service requests, and summary reports.
P. Pictures
1. Contractor is to supply, at no cost to the District, pictures of "before" and "after" trimming
that is suitable for reproduction when requested by the District.
Q. Safetv
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1. Contractor shall conform to all District Traffic Safety requirements and operating rules at
all times while this contract is in effect using Cal Trans standards for safety and traffic
control.
2. Contractor will be responsible for supplying and using all safety equipment necessary to
close or delineate traffic lanes to through traffic. This is to include a high visibility solar
Arrow Board with no exception. All traffic safety equipment must be approved for use,
prior to utilization, by the District.
3. A traffic control plan will be submitted to the Maintenance Superintendent of the
Temecula Community Services District at least five (5) days prior to starting this
contract.
4. Illuminated arrow boards, sign standards, delineators and/or cones shall be used to
identify work site for vehicular and pedestrian safety.
R. Sians
1. Contractor shall equip each vehicle used in the City with signs that read, "Tree
Maintenance Services Contractor for the City of Temecula".
C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf849616. doc
EXHIBIT "B"
~-TReeAESiHE'TiC-TRlM"INCI.F1ll1'RlU $ 50.00
SI.QPS TR&E~ TRlMWrIG ItEAIAL UHR" . $ ~~.ao)
:sti:iI'1!TRUJlaT1l1mC l'RliiIiillJrlG:"'t:"LiM"iiri-' $ (.00.00--' .'-~
P~~'i'Jii.WIPU;; S2.i:OI}--
.....
OM"
---.e~
...,
CONPUiTE TREE &.$'1"tJIP RSIOVAL
:$ la.oo
$. 6.00
.....
.-
snJllIP ~OYAL
ROOT PRUN.tIG wmroUT ROOT BMRUR
dllftl&tw I~ch
..."
p
f1'X1rDl!!l!!!PROOT~~UJY
lREE"LA.KT
.1(i~J.wtroo1bl1lntK
1G IiI~L wlo ~ot: DSllMr
~rnchbDX1Id.-.t!lMrtM-
2.4tl'K1hbt<<Moto01baM:U
....
$ 14~.oo
$ 12:D.(1O
$26.00
$ 200.00
-.
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......
wm!,~ n., . __':'__.: S ~OO.OO
~ RElfT.AL. 3 Mal, AEJd~ UNrr; DLlIolP ntLrcK !2G.OO
~CHl"PER '
~sw N... ~! MEN, AJ;R:lAl mlfr, DUW TR1JCK~ 't' iiif:OO'"
r .s.CItPPfR'
CRl!WREHtAL-I&lAN $'4i;1,aU
-.
..
"w
".,
,"0."
S!:!AGIlNCV WORK C.AU. 0lIr..3 ra'D\llMCL.IItDlG $ 240.00
AU. fJl!>(:liSSMY EQUiPMDlr, DliIPO$AL ROD. AHtt
.z1Efi.QNATP:lN..~
hoo'
. CtrrOf'rIHKUI.A
. lKl:I=TJl;IIiUIIMt;..tu'P .
IlID Ph:lCES fOR PROI'OI!l!:P'ftiEiaRlfllMWGcctn"RAat
'1. ~&:staU:~ot~~irUnglhit~lltIpQl'ae1'rolII~andOllOO;a(l~.
~i1 .
'f'~ 1rMIJtll'lTllng simrl;M az IlIquimd b)''lth)RfP.
.2.
~::JII"aI~~
S. SdectedQ::lfl"&eiQr1'4lpr~j1th~foIQwIngdoGWle~on IoIpoo9X\lcUillllcfhBlDlhd::.
Cer111l~DfktsvrpnI)!!o8llClllllltlNihtn.f8CI~i1.~BllIB._ .
.. Cti~lIMmn
.. qa.pyofCllyd~elJ9lneS$lJcerm
,:I: -"----....O...-__...__.~..
CIWINOOWSlapsdoclnettempI4480\$ASQpdf849616.doc
~
OR f Ii IIV A l
~QrFi'l/'rofasiauzr.,~{.:aom~~c.u.AI:l.>Wn--
^pt:i117.2007
_'II.WOW;;:..",.,
Ot).ofTell'll:'r:ul,<t
OffiQliJH~or.,Of'rt
o1:SJUUlSlo5Ine:l6r;;ltkOJJ~
Tt:Hl"',"ulll, Cdllifl>fflf" 92S9iI
llEQUESTfOIl BID-"'lltEETUWoUNG 5ERVICESr
DUe Wedlll!'lday~ApriI1lt:Z00'7u4:00"'.M.
Tv whom iL nwyo:ma::m,
t'h.,"k y(l1J foI..lIcr.o.'lng w me Oppottllllity tD sLilll)it.a propClSal to perform lree mili~iIInoo forthc
Ol)'(JfT""lIll:'Wlll. W<<sc O;r.ast.A.rbC!nst:lo; Inc. (WCAJ has a.3:i-ywrttad:Jecoo:I mworkingrormort:
thar'l 1~(t c.,J1b-nla munfdpdltl'l"i .and _ieu:s public asen~. We have d~~ped iI {Dltlp$
lJrlun F~ ~~l'4l1 PHJSI.IIIll that. indwe!> <I ~ 5tr@.@tr.@@! Pliln, Trot.!" IIMmlDry and
~I'f' Man~ :5y:..mm as jJOlrtCl'tiJUr Maintenance f'rol1am. Our In!e maintsm"!1re prot:ram
jndlJde; a weI-~'Ied Quality ConImi Plan which ilKtlrporateG l:fIrtificll FU'lonm;l, :;&cty, prul'linll
~~ t'q!Jipm~nt., hDU1"5 of (lPE'r.IIlion, pu~i( rek1km~. tmffic =11(11, $lChedul;1'lg of work,
o;lr.tputertwd billi"b andllUblic (~1118ncc,
Our ClOmp"")' illS been in businf<5:S sioce 1972.i11d is liCEns.ad by ift.? Cilil7Q'ni;t. ~ Conbi\ctorr.
I..Joi!ra.!. Board ~l!r lian!ie #3!i67fi.4 with il ktca.l offici:' and yard t1 d1c CiIIy,Ji !l.n..l1oim. We h",^,
beld thi:> liCl!n!i'l! in.r;uOO !'tiIndi~ ,in:::e 1976. Thli!.lia:n.c specia1j:m:o in CliDo:O CUI (lree ScM::t-~ 310
well as CI;;rx; C1.7 (LandKBpin.sJ. AIm, WI:! hil'ol! <ICll A+ rating rf'l!'l1 tha bundi~ boord, Wewtl'flUfy
employ l:Wer -41) Ci'ltifi9d Nborill:;, and D\'Cr hXl ll'rtifi.lld Tn..~, ... reOO8)'lired IJ)' the
W~Il~rofthelnp!malioI'lillIS;;II:'ll!!tyofA.rhorio:;urturc,
In addioon to ft rmrnnUl"lllil~ jnQ\JI Pw~r,~<'I~l'IAIU.:lIIIlYlll1deo'(l)ftlT3~wlrhI(beOtie>rJ
bite l1I:inoro, MUfl'1cb,.:aI1d CoI'Qfl;'l pr(O'iicllill~ ~c ""ro. We ~ ~j~ }'<1(Jr ~'=t tv
CC~~::: l!':~a::a:::: .::.~. ot ~e h~ :-:fc:.'"~~':'x.. ,"ls:c, ~'!:oo j::!e~ f::r.-J ~'J~r'.g !t~C!!":l~~
ioclHjinS intb",o.4i.", <Lb:Jut our OfSiIrtiLJ:l:ion, qualitlcatiDlls of personnel, mett1pd (If c.pel'fltlon,
hlnlth 'ilrn:l5~ pI....".ard. ueenwl5tE! d~ ptan. W@wil!RIllU!i'll iIlnysub:ooll-..uoo (\Jot lhl$
proJe<;t. .
furLhi! imfJOr1.lIr"Ill>'Olect..Mr. FrankQl.rlnn, ~a r..""'n~, .....11 bf, ~~It6efur(jeld:e~iIlrld
ha6 ft.ll'l authority ID sm...:lufo!. i1nd wonJirwlc IillfVi~, Shollkl)'Ou I~...e AllY qUd:Jot1~ 01 recr1ire
add~inforrniltilm, p&r.aseo do- not hl:sitME: 1:0 ct'ntM1.M.r, Quinn urmc<!1 (6W}Sl1..J714,
SiftlBe}y,.'
~~~~"~
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We5t (Oa5t Arbori5t5, In(.
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CIWINOOWSlapsdoclnettempI4480\$ASQpdf849616.doc
. 4. It iI: illended Ihatatlle.rpubl=ilISe~cil)ll. (i,e.", dty, spe.clII i:htrl~'ldJic.authc.rity. public
.agency. 21M tllher p.a~t:aI1i~n 04 lha Stat9 ~ CSlfomirMl) [CQljed In. R1verskM
Count):' mal have tile opdon to pal1feipat8 in any 851R'ement creawd .u a fMtJrt ~ 1tJl"1J
R$q1AlSt for Proposal wIII11t19 &am", boIlTJJJ. and ccndllillrll!l; u tc ~ JIll<J3.cf IIl& proclu:ct
~serW:e. The CilyofTem~shaII 'ncuno~1 ~bity rn<lOO~
wtthaI'tJl:dl3lie~trQmanottierpJb&c:iQgllnC'J.JlvJYJlubljce~btI:.pIg~
(1ft ~trj tlBgofiaiBd oonfralOl lxitweerl It.e thy mT.e11'l1ltl..&Q SIld wndcr sf1a11 ~pt sole
te'Sp01Isllilfty for ~3tInSI. pt~I't;ll.(JJ(llWtI. andC!1llll;ing ~n1Iownd'or..
S. Vendor's agreement or faljUt'8 Il) agl'il>B Ia the ,,[g!J)'back" da.uslI 'M1 not bl;I a ~ Il'l
QW.Qtdoflhol:Olltr8CE.". . .
Chllck~(lfttle(ojloM1.g:
o The prIecs. !lll;nril. IIIfld coni:!i1lons lit (ll.i' bilil)llVPQllliid we not eJdend9Ct to any
ottu,.r:ilgenqr. .
. l;I I h<nllyl1QiOOto ~xtenclatl f1~0I;!&;, ~ 800 oondllfoo& Qfrrrj bXlfprcposai''lo
any O\I1lii1r INbic agonay 10C:iI1ed in RIvmld& l:iooOOl:)' wIi1 1118 ~
E>>I:egijon(s) MtM M tI1a $'IteI:hed.'
. '/...1 Mi'lM'lyl1lgree'loe~ ~II priQw, biHmt. 3~ ~~Il ~[~:brd/~I'~
an)'clherp11llrc.l'q'tlGatedln~Cwrrt:twilhho.exoo~9. . .
{jiJF}jij-
Sigrmure .
V';leto;>r tl..qo~,"l.."" V.P.1B1J)el!to:Ir ;,f, l!eretirlil:
PI1nt/1)'p$~&.TtIIll
,
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RrirUU;Nd,::; _ _ < _,,_ _",_ . .
CURRENT CONTRACT WORK EXPElUENCE
w~c~ Atilumti II:IIdIonbIllls 1:be Itll~ tIl31 many ckIe1 bre W 1ed1Ce me [.Q1il "Pint.'! hl.:ll1I'b!(li.il~
:Sm'Ylces,. \'lane Incre..llllchelevd oFpMotrniA~. ~(JltrseMcuilJ.1IJluable.. ~fteaive fetOlIrte.
dlles ue ~I tl) pl'O\'ldI! bHtef 5trvfc.e~ to lfullr ~n"". Th~'C(lI1lr<KtJ cover;l nQ! o(service:s D'ool
prmrldJlJfeJJJergm;ymjNlIj! K1ra....utnh!:fte 0iV'5dl'll1lll'k.m forao"
. IdowrsabrtefIUAloryOr'lWlflcPtl:fD1m<<!lnr}lerecf:de.t:
OI:yoInr,u
.,-','-1. t
:;,-:- ',.}'::~.~~:--
.."{:i!, :"."...;;J~.,,":
}f:{;~~jt
,.,.,'\.......""#..f
JJ:,_::.~_i,~~\~ .:'i ~~
_'"-;..."~_c..~,<~
-?".,.:"....c..'" ..
-,:-:--i:.~ -,
SlICt ,., 200t
'W.! provUfe t(I~ urtraD ~ D1~for I1laI'Ii! dull .2o.000s_ted CltJ.
OMIld ~ b::hllj~tree 1lIUlIfn&.~. pt;l~z. .,,4 tmE~1IaMce:I. Tn and'
bt to ~rn Ilo 5ll'Sti3"'~Grb3n Iiort:it" we alJo ~.~ fo~r Oty ntparr.
toota. ~lYtI~~to_wvrXhI:ltDtJ.al'li!daIIt'ln(WIJ~lIaao....w.N~~
W4!~~rfotrtJI!d~fu:lill1ileOtyforlhRe~rs._'. .. ,
AnuajfhtdJltt.l $loo.OOO
G11rt3rt1 t-Iki Krwnl..
f-oal todatv $750,000
PbON!l 5JLlI6B1-6SJ9
Ol}r'Ofc.~01J ~~'P"
. WflR<.tlIl1fJ~a~de'l1eetcreerrw-e,tofY""IOIlM'IrfeI~wrrtcry~renro'
-1r1JII. We arrrmdy IOollflt1il.. tIJe Cky',t; tIItn wt;w. "'I'M ;lod pe~ b'ft! ma!st&Jlla! OJ!
a ~J:.aA:;. WCA !r.;Jr;'@;<!I~a n!pIItJdon.;u; 3IQ;lmp~leIlc, ~IIJ n!!
~1LCP~~CityMilllflwbteo~trMat&I!~:lI~dtqfl.qadtt
'CJeemJIll'ltmnCe:tet'W:ef:ftomOUJ~I1.i111dlll'ld[Jew.
AfI1u~IiIl~S280...ooo
CotttId: St1>litn UxJpc'
TotIl to I\bIe-: $2,.600,000
fborce: 310125:urt30
$11I011 APi 1994
We pt'\)t'ida ~ 1I~ ~uY miiIi4<o"ii,,"..t~~ ~ mort tlnn :00,000 ~~ hcltld:-
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I.
ITEM NO. 16
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
~
(J(.L,
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
July 10, 2007
SUBJECT:
Professional Services Agreement with WLC Architects, Inc. for the Old Town
Gymnasium Design
PREPARED BY:
Cathy McCarthy, Development Services Administrator
RECOMMENDATION:
That the Board of Directors:
1) Approve the Professional Services Agreement with WLC, Inc. for the Design of the Old
Town Gymnasium in an amount not to exceed $307,390.
2) Approve a 10% contingency in the amount of $30,739.
BACKGROUND: The City Council approved a project in FY 2007/08 Capital
Improvement Program to construct a small gymnasium adjacent to the Boys and Girls Club located
on Pujol. It is envisioned that the project will include a full-sized basketball court, bleacher seating,
restrooms, storage and a small office. This facility will provide additional activities for City residents
and the Boys and Girls Club.
The Temecula Community Services Department (TCSD) solicited Qualifications from architectural
firms for design services for this proposed project. The City received eleven Statements of
Qualifications, which were reviewed and ranked by a review committee. The four top ranked firms
were invited to make an oral presentation and participate in an interview with the selection
committee. WLC Architects, Inc. was determined to be the most qualified firm. Staff entered into
negotiations with WLC for a scope of services and cost proposal.
Upon award of a contract, staff will establish a project committee to work with the consultant to
develop the conceptual design. The final conceptual Master Plan will be presented to the
Community Services Commission and the City Council for approval. After completion of the
approval process for the conceptual design, construction documents will be prepared.
FISCAL IMPACT: Total cost of the Professional Services Agreement is $307,390, plus
an additional ten percent (10%) contingency of $30,739. The design of this project is funded by
Community Development Block Grant and Economic Development Initiative Grant funds and was
approved in the City's Capital Improvement Program for FY 2007-2008. Sufficient funds are
available in the CIP budget.
ATTACHMENTS:
Professional Services Agreement
AGREEMENT FOR ARCHITECT SERVICES BElWEEN
THE TEMECULA COMMUNITY SERVICES DISTRICT AND
WLC ARCHITECTS, INC.
OLD TOWN GYMNASIUM
THIS AGREEMENT is made and effective as of July 10, 2007, between the Temecula
Community Services District ("District") and WLC Architects, Inc. ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM. This Agreement shall commence on July 10, 2007, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June
30, 2009, 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. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the District Board has obtained the general prevailing rate
of per diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contractor from the Director of
the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may
be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of
prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing
wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8,
1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of
the Labor Code, Consultant shall forfeit to the 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.
5. PAYMENT.
A. The District 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
$307,390.00 for the total term of the Agreement unless additional payment is approved as
provided in this Agreement.
Revised 2/9/07
Per City Attorney Memo 2/1
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 General Manager.
Consultant shall be compensated for any additional services in the amounts and in the manner
as agreed to by General Manager and Consultant at the time District's written authorization is
given to Consultant for the performance of said services.
The General Manager may approve additional work up to ten percent (10%) of the amount of
the Agreement or the amount approved by District Board. Any additional work in excess of this
amount shall be approved by the District Board.
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 District disputes any of consultant's
fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any
disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
A. The 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 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 District
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 District
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 District. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the District pursuant to Section
5.
7. DEFAULT OF CONSULTANT.
A. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, District 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 General 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 District 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
Revised 2/9/07
Per City Attorney Memo 2/1
8. OWNERSHIP OF DOCUMENTS.
A. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by District 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
District or its designees at reasonable times to such books and records, shall give District the
right to examine and audit said books and records, shall permit District 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 District and may be used, reused or otherwise disposed of by the District without
the permission of the Consultant. With respect to computer files containing data generated for
the work, Consultant shall make available to the District, upon reasonable written request by the
District, the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
C. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
9. INDEMNIFICATION.
A. Indemnity for Professional Services. In the connection with its
professional services, Consultant shall defend, hold harmless and indemnify City of Temecula
and District and/or Agency, and their elected officials, officers, employees, servants, designated
volunteers, and agents serving as independent contractors in the role of District, City, and/or
Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss,
cost or expense (collectively, "claims"), including but not limited to death or injury to any person
and injury to any property, arising out of, pertaining to, or relating to the negligence,
recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-
consultants, or agents in the performance of its professional services under this Agreement.
Consultant shall defend the Indemnities in any action or actions filed in connection with any
such claims with counsel of District's choice, and shall pay all costs and expenses, including
actual attorney's fees, incurred in connection with such defense.
B. Other Indemnities. In connection with all claims not covered by Paragraph A,
Consultant shall defend, hold harmless and indemnify the City of Temecula and District and/or
Agency, and its elected officials, officers, employees, servants, designated volunteers, and
agents serving as independent contractors in the role of District, City, and/or Agency officials,
(collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense
(collectively, "claims"), including but not limited to death or injury to any person and injury to any
property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement.
Consultant shall defend Indemnitees in any action or actions filed in connection with any such
3
Revised 2/9/07
Per City Attorney Memo 2/1
claims with counsel of District's choice, and shall pay all costs and expenses, including actual
attorney's fees, incurred in connection with such defense.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the work hereunder by
the Consultant, its agents, representatives, or employees.
A. Minimum 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 0001 06
92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a
non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
B. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the General Manager. At the option of the
General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the District, its officers, officials, employees and volunteers; or the
Consultant shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
D. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
4
Revised 2/9/07
Per City Attorney Memo 2/1
1) The Indemnitees (as defined in Section 9) 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
Indemnitees.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the Indemnitees. Any insurance or self-
insured maintained by the Indemnitees 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 Indemnitees.
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 agreement shall be endorsed
to state: should the policy be cancelled before the expiration date the issuing insurer will
endeavor to mail thirty (30) days prior written notice to the District and City.
6) If insurance coverage is cancelled or reduced in coverage or in
limits, the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
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 District. Self
insurance shall not be considered to comply with these insurance requirements.
F. Verification of Coveraae. Consultant 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 District. All endorsements are to be received and approved by the
District before work commences. As an alternative to the District's forms, the Consultant's
insurer may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
A. Consultant is and shall at all times remain as to the District 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
District nor any of its officers, employees, agents, or volunteers shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth
in this Agreement. Consultant shall not at any time or in any manner represent that it or any of
its officers, employees or agents are in any manner officers, employees or agents of the District.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against District, or bind District in any manner.
5
Revised 2/9/07
Per City Attorney Memo 2/1
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, District shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for District. District shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such ordinances, laws and
regulations. The District, and its officers and employees, shall not be liable at law or in equity
occasioned by failure of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
A. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without District's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without
written authorization from the General 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 District. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives District notice of such court
order or subpoena.
B. Consultant shall promptly notify District 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 District.
District 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 District and
to provide District with the opportunity to review any response to discovery requests provided by
Consultant. However, District's right to review any such response does not imply or mean the
right by District to control, direct, or rewrite said response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (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.
6
Revised 2/9/07
Per City Attorney Memo 2/1
To District:
Temecula Community Services District
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: General Manager
To Consultant:
WLC Architects, Inc.
10470 Foothill Blvd.
Rancho Cucamonga, CA 91730
Attention: Larry Wolff
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the District. 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 District Board and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The District 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 Temecula Community Services District. In the event such
litigation is filed by one party against the other to enforce its rights under this Agreement, the
prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney
fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the Temecula
Community Services District 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 District that no officer or employee of the Temecula Community Services
District 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 District in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and upon
each party's own independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has
7
Revised 2/9/07
Per City Attorney Memo 2/1
the authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
CONSULTANT:
WLC Architects, Inc.
10470 Foothill Blvd.
Rancho Cucamonga, CA 91730
(909) 987-0909
(909) 980-9980 fax
By:
Name:
Title:
By:
Name:
Title:
[Signatures of Two Corporate Officers Required]
8
Revised 2/9/07
Per City Attorney Memo 2/1
Exhibit "A" Scope of Services
Old Town Gymnasium
City of Temecula
1.0 Scope of Services
Design services consist of the following work phases, and shall be conducted concurrently with ongoing
project design sessions with City representatives and appropriate Project Team consultants. This scope of
services is intended to fulfill the City's project design needs for all planning, design, and construction
administration services, and City of Temecula approvals.
Phase 1.0 - Master Planning, Preliminary Design & Entitlement Services
1.1 Project Programming
1.2 l\1aster Plan Update
1.3 Site Environmental Studies
1.4 Preliminary and Schematic Design
Phase 2.0 - Design Development
2.1 Design Development
Phase 3.0 - Construction Documents & Agency Approval Services
3.1 Construction Documents
3.2 City of Ternecula & Related Government Agency Plancheck and Approvals
Phase 4.0 - Bidding Services
4.1 Bidding Phase
Phase 5.0 - Construction Administration Services
5.1 Construction Administration Services
2.0 General Project Coordination Services
Project Administration services shall be provided during all phases consisting of administrative functions
including but not limited to:
a. Consultation.
b. Research.
c. Conferences.
d. Communications.
e. Progress reports.
f. Direction of the work.
g. Coordination of work.
Exhibit "A" Scope of Services
Old Town Gymnasium
Page 1
Professional Services Agreement
City of Temecula & WLC Architects, Inc.
Disciplines Coordination/Document Checking services shall be provided consisting of:
a. Coordination between the Architectural work and the work of engineering and other
disciplines involved in the Project.
b. Review and checking of documents prepared for the Project by the Architect and the
Architect's Consultants.
Disciplines Provided/Included Professional Services shall be provided to include the following disciplines:
1. Architectural (WLC Architects, Inc.)
2. Programming, Needs Assessment & Master Planning (WLC Architects, Inc.)
3. Acoustical Engineering (AJS Acoustics)
4. Civil Engineering (MSL Engineering & Associates)
5. Landscape Architectural (RJM Design Group)
6. Sustainable & Green Building Design (WLC Architects, Inc.)
7. Preliminary Soils Report (John Byerly & Associates, Inc.)
8. Structural Engineering (R.M. Byrd & Associates)
9. Mechanical Engineering (Glumac International, Inc.)
10. Plumbing Engineering (Glumac International, Inc.)
11. Electrical Engineering (Glumac International, Inc.)
12. Technology & Information Systems (Glumac International, Inc.)
3.0 Phase 1.0 - Programming, Site Planning, & Preliminary Design
Project Programming
Based upon the City's preliminary program and related project statements, a detailed architectural program
shall be prepared based upon the City's identified needs, based upon WLC's professional gnidance and
mutual participation from key City representatives. The program shall be prepared to identify detailed space
needs and area projections, facilities and infrastructure requirements, support areas, environmental systems,
and technology requirements for the project. Programming services shall be organized by WLC to ensure that
project stakeholders shall be interviewed, presented with information and results for review and discussion,
and shall be presented with general recommendations for all project components. Work sessions will be
conducted with the City as required. This process will allow for information gathering, analysis, and
decision-making. Detailed space requirements for all major site and building components will be identified.
Work sessions will be conducted to establish and define programmatic and facility goals to finalize policies,
service objectives, and operational procedures.
Work products and deliver abies shall consist of the following Program Confirmation components:
. Design purpose, objectives, limitations and criteria
. Development of initial approximate gross facility areas and space requirements
. Space relationships and adjacencies, and functional areas
. Requirements for flexibility and expansion
. Special equipment and systems
. Security criteria
. Communications, audio-visual, and technology
. Site requirements for parking, infrastructure, and landscape
. Cost estimate
Exhibit "A" Scope of Services
Old Town Gymnasium
Page 2
Professional Services Agreement
City of Temecula & WLC Architects, Inc.
Site Analysis and Master Planning
Alternate facility schemes depicting l\1aster Plan options, based upon the existing site area, shall be
determined based upon the results of the Project Programming work effort. To the level of detail possible,
potential facility configurations and block site and building plan arrangements shall be developed to create
different site study options. Where possible, different schemes or alternates shall be provided, with
supplemental options for building location, parking, open and landscape space, and infrastructure. Based
upon direct review, consultation, and evaluation by the City and WLC Teammembers, optimum relationships
and resulting configurations shall be established. A concept study shall be prepared with sketches, options
for phasing, parking improvements, and development considerations required for implementation.
Work products and deliver abies shall consist of the following Site Analysis and l\1aster Plan components:
. Alternate building and facility configurations
~ New construction recommendations
. Phasing and occupancy issues
. Pedestrian and vehicular circulation
. Parking and circulation studies
. Utility systems capacity and access
. Landscape elements, concepts, forms, and features
. Conceptual sketches and drawings
. Block massing studies
Final Master Plan and Preliminary Design
Preliminary Design and finall\1aster Plan drawings shall be developed based upon the results of the previous
phases. Sketch studies shall be prepared depicting relationships offunctional areas, building use, and the
primary facility activity relationships related to the site and building program. A final master plan for the
project shall be prepared indicating all major project elements. Site concept studies shall be prepared to
finalize parking areas, hardscape areas, plazas, terraces, and outdoor activity and landscape areas related to
the proj ect.
The Preliminary Design documents shall be evaluated for the purposes of value engineering and to explore
cost efficiency options. Reviews shall be established with City representatives and with applicable City
departments and outside governing agencies. A preliminary building code analysis shall be reviewed at this
time. A preliminary level cost estimate shall be prepared to include the cost of construction, on and off-site
improvements, furniture, equipment, fixtures, and all indirect costs. At the conclusion of the Preliminary
Design Phase, a final preliminary design proposal shall be provided for approval by the City. Completion
of preliminary design documents, sketches, studies, and analysis shall occur.
Grading and Drainage Hydrology - Detailed Site Grading and Drainage Hydrology Studies consisting of
site drawings and related documentation, based on the approved preliminary site development design,
including:
A. Proposed Land Uses.
B. Structures Placement.
C. Circulation Components Placement.
D. Development Phasing.
E. Surface and Subsurface Conditions.
F. Vegetation.
Exhibit "A" Scope of Services
Old Town Gymnasium
Page 3
Professional Services Agreement
City of Temecula & WLC Architects, Inc.
G. Slope Analysis.
H. Drainage and Run-off Studies.
1. Landscape Forms and Features.
J. Retention Basin Requirements.
K. Storm Water Prevention Plan.
1.. Water Quality l\1anagement Plan.
M. Preliminary Grading Plan.
Traffir, Circulation and Parking - Detailed Traffic, Circulation, and Parking Studies consisting of site
drawings and related documentation, based on the approved preliminary site development design, including:
A. Proposed Land Uses.
B. Structures Placement.
C. Circulation Components Placement.
D. Development Phasing.
E. Traffic Flows and Peak Conditions.
F. Circulation Types and Movement Requirements.
G. Peak Parking Projections and Recommendations for Required Parking.
Work products and deliver abies shall consist of the following components:
Architectural Design/Documentation: Respond to program requirements and prepare recommendations
consisting of studies, plans and related documentation to include:
a. Preliminary Site l\1aster Plan and Phasing Plans.
b. Preliminary Building Floor Plans.
c. Preliminary Exterior Elevations.
d. Exterior Building Perspectives.
e. Preliminary Cost Estimate
Civil Design/Documentation: Respond to program requirements and prepare recommendations consisting
of studies, plans and related documentation to include:
a. Preliminary Rough Bulk Grading Plan.
b. Preliminary Phase One Grading Plan.
c. Storm Water Prevention Plan.
d. Water Quality l\1anagement Plan.
e. On-Site Utility Systems Plan.
f. Fire Protection Systems Plan.
g. Drainage Systems and Hydrology Study.
Expanded Environmental Assessment Studies (Option to the City): Respond to program requirements
and prepare recommendations consisting of studies, plans and related documentation to include:
1. Preliminary Soils and Foundation Report
2. Geotechnical Study
3. Biological Review and Report with Constraints and Permit l\1atrix
4. Cultural Resource Technical Review and Report
5. Site Hazards Assessment Report
6. Draft and Final Environmental Initial Study and Report
Exhibit "A" Scope of Services
Old Town Gymnasium
Page 4
Professional Services Agreement
City of Temecula & WLC Architects, Inc.
7. Grading and Drainage Hydrology Study and Report
8. Traffic, Circulation and Parking Study and Report
9. View and Vista Panoramic Study and Report
4.0 Phase 2.0 - Design Development
Design Development
Design Development drawings, outline specifications, and preliminary engineering calculations and analysis
shall be completed for all major disciplines. Drawings shall reflect architectural, interiors, landscape
architectural, structural, electrical/mechanical, and technology system components. Detailed development
of project components and systems shall occur. Construction materials, methodologies, major products and
materials, and required equipment selection shall be completed.
Design development documents shall be prepared based upon function, aesthetics, security, permanency,
quality, and cost. Structural design studies shall be completed to primarily assess the best structural concepts
for seismic and structural safety. Optimum mechanical system design shall be developed based upon zoning
requirements, capacities, life cycle analysis, and operations/maintenance criteria. Power services, lighting,
telephone, technology systems, communications, and life safety systems shall be identified and reviewed.
Graphics and signage concepts shall be prepared. An outline set of specifications and a preliminary draft of
the final Project l\1anual shall be created including Bidding and Contract Requirements, General Conditions,
and all Division I requirements. The estimate of project and construction costs shall be updated and refined.
Architectural Design/Documentation: Respond to program requirements and prepare plans to include:
a. Dimensioned Site and Building Plans.
b. Building Sections and Elevations.
c. Roof and Reflected Ceiling Plans.
d. Building Systems and Materials Schedules.
e. l\1ajor Interior Elevations and Construction Details.
Civil Design/Documentation: Respond to program requirements and prepare plans to include:
a. On-Site Utility Systems.
b. Fire Protection Systems.
c. Grading, Earthwork and Drainage Systems.
d. Parking and Circulation.
Landscape Design/Documentation: Respond to program requirements and prepare plans to include:
a. Schematic Site, Recreational Components and Building Locations.
b. Preliminary Sections and Elevations for Land Forms.
c. Preliminary Selection of Landscape Forms and Plant l\1aterials and Alternative Construction
l\1aterials.
d. Development of Approximate Dimensions, Areas and Volumes.
Structural Design/Documentation: Respond to program requirements and prepare recommendations
regarding basic structural materials and systems, analyses, and development of plans for:
Exhibit "A" Scope of Services
Old Town Gymnasium
Page 5
Professional Services Agreement
City of Temecula & WLC Architects, Inc.
a. Alternative Structural Systems, Enclosures & Foundations.
b. Preferred Structural System, Enclosure & Foundations.
Mechanical DesignlDocumentation: Respond to program requirements and prepare recommendations of
alternate materials, systems and equipment, and development of plans for:
a. Energy Source(s).
b. Energy Conservation.
c. Heating and Ventilating.
d. Air Conditioning.
e. Plumbing.
f. Fire Protection.
g. General Space Requirements.
Electrical DesignlDocumentation: Respond to program requirements and prepare recommendations of
alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses,
and development of plans for:
a. Power Service and Distribution.
b. Lighting.
c. Telephones.
d. Fire Detection and Alarms.
e. Security Systems.
f. Electronic Communications, Information Technology, and Audio-Visual Systems.
g. Special Electrical Systems.
h. General Space Requirements.
Materials Research/Specifications: Consisting of activities by Architect m:
a. Development of Architectural Outline Specifications.
b. Coordination of Similar Activities of Other Disciplines.
c. Production of Design Manual Including Design Criteria and Outline Specifications.
d. Preparation of General and Supplementary Conditions of the Contract for City's Approval.
Deliverables - Detailed Design Development Plans for all buildings and im provements including:
. Architectural Plans and Documents.
. Landscape Architectural Plans and Documents.
. Structural Plans and Documents.
. Electrical Plans and Documents.
. Mechanical Plans and Documents.
. Interior Plans and Documents.
. Outline Specifications.
. Meeting Minutes.
. Updated Project Cost Estimate.
. Updated Project Schedule.
Exhibit "A" Scope of Services
Old Town Gymnasium
Page 6
Professional Services Agreement
City of Temecula & WLC Architects, Inc.
5.0 Phase 3.0 Construction Documents
Based upon the previous work effort, the final design of the project shall be reviewed and confirmed with
City representatives. Construction documents shall be revised and completed as required to meet the scope
of the project. Final construction documents, drawings, and supporting calculations shall be prepared by the
WLC Team. Engineering systems design shall be finalized and completed. A final interiors color and
material presentation board shall be prepared and submitted for review and approval. WLC Team members
shall coordinate and check documents. The construction contract within the Project Manual including the
technical specifications, General Conditions, and Division I requirements shall be completed.
Updated estimates of construction costs shall be prepared at 50% complete final Construction Documents,
and at the point of 90% completion. These two estimates shall be prepared by the WLC Team. The final
Construction Documents, Project Manual, supporting calculations, and final cost estimate shall be submitted
to the City for final review and approval. Construction Documents shall be submitted to outside governing
agencies for plan check and permit approval. The WLC Team shall make revisions and corrections consistent
with agency reviews and shall obtain final approvals from governing authorities to secure final plan check
approval and a building permit.
Architectural DesignlDocumentation: Continue development and expansion of Architectural Design
Development Documents consisting of preparation of Drawings based on approved Design Development
Documents setting forth in detail the Architectural construction requirements for the Project.
Civil DesignlDocumentation: Continue development and expansion of Civil Design Development
Documents and development of outline Specifications or materials lists to establish the final scope of and
preliminary details for on-site and off-site civil engineering work.
Landscape DesignlDocumentation: Continue development and expansion of Landscape Architectural
Design Development Documents consisting of preparation of Drawings based on approved Design
Development Documents setting forth in detail the landscape Architectural construction requirements for
the Proj ect.
Structural DesignlDocumentation: Continue development and expansion of Structural Design
DevelopmentDocuments consisting of preparation offinal structural engineering calculations Drawings and
Specifications based on approved Design Development Documents, setting forth in detail the structural
construction requirements for the Project.
Mechanical DesignlDocumentation:: Continue development and expansion of Mechanical Design
Development Documents consisting of preparation of final mechanical engineering calculations, Drawings
and Specifications based on approved Design DevelopmentDocuments, setting forth in detail the mechanical
construction requirements for the Project.
Electrical DesignlDocumentation: Continue development and expansion of Electrical Design Development
Documents consisting of preparation off mal electrical engineering calculations, Drawings and Specifications
based on approved Design Development Documents, setting forth in detail the electrical requirements for
the Proj ect.
Interior DesignlDocumentation: Continued development and expansion ofInterior Design Development
Documents consisting of preparation of Drawings, Specifications and other documents based on approved
Design Development Documents, setting forth in detail the requirements for interior construction and for
furniture, furnishings and equipment for the Project.
Exhibit "A" Scope of Services
Old Town Gymnasium
Page 7
Professional Services Agreement
City of Temecula & WLC Architects, Inc.
Materials Research/Specifications: Consisting of activities by Architect in:
a. Development and preparation of Architectural Specifications describing materials, systems and
equipment, workmanship, quality and performance criteria required for the construction of the
Project.
b. Coordination of the development of Specifications by other disciplines.
Deliverables:
Detail Construction Drawings and Specifications for all buildings and improvements including:
. Architectural Design Drawings and Specifications.
. Structural Drawings and Specifications.
. Electrical Services Drawings and Specifications.
. Mechanical Equipment Drawings and Specifications.
. Interior Design Drawings and Specifications.
. Landscape Architectural Drawings and Specifications.
30%, 60% and 90% submittals, to include:
. General and Supplementary Conditions.
. Technical Specifications.
. Construction Drawings at 30%, 60% Completion, 90% Submittal, and 100% Submittal.
. Final Project Construction Cost Estimate.
. Meeting Minutes.
. Updated Project Schedule.
. 100% complete Wet-signed Mylars.
City of Temecula & Related Government Agency Plancheck and Approvals
Agency Project Team meetings and reviews are included as part of the Basic Services for the project.
a. Agency consultations, Project Team meetings, work sessions, and reviews
b. Research of critical applicable regnlations;
c. Preparation of written and graphic explanatory materials.
d. Appearances on City's behalf at agency meetings.
e. Agencies include:
. County agencies where appropriate.
. City of Temecula.
f. Application, processing, and acquisition of Agency approvals to obtain building permits for
construction of the project to include building structures, retaining walls, drainage structures, off-site
improvements, on-site improvements, and required site utility services, connections, and
infrastructure.
6.0 Phase 4.0 - Bidding Services
Contract Documents and bidding requirements shall be assembled and incorporated into the Proj ect Manual.
The WLC Team shall assist City with the Bidding Phase of the project. The WLC Team shall attend a
construction pre-bid conference, and be available to answer bidders' questions during the Bidding Phase.
Exhibit "A" Scope of Services
Old Town Gymnasium
Page 8
Professional Services Agreement
City of Temecula & WLC Architects, Inc.
Any necessary addenda shall be prepared, and the WLC Team shall assist City in evaluating bids and related
bidders' qualifications
Bidding services consisting of organizing and handling Bidding Documents for:
a. Coordination.
b. Reproduction.
c. Completeness Review.
Addenda services consisting of preparation and distribution of Addenda as may be required during bidding
or negotiation and including supplementary Drawings, Specifications, instructions and notice( s) of changes
in the bidding schedule and procedure.
Bidding/Negotiation services consisting of:
a. Participation in Pre-bid Conferences.
b. Responses to Questions from Bidders and Clarifications of the Bidding Documents.
Analysis of Alternates/Substitutions consisting of consideration, analyses, comparisons, and
recommendations relative to alternates or substitutions proposed by Bidders or proposers either prior or
subsequent to receipt of Bids or proposals.
7.0 Phase 5.0 - Construction Administration
The WLC Team shall perform construction observation and administration services as identified herein.
WLC shall provide construction observation on a scheduled basis to observe the progress of construction,
quality of work, and to determine if general compliance with the drawings and specifications is being
achieved by the Contractor. WLC shall advise City of any deficiencies observed in the work during
construction, and shall work closely with the City's Project Manager and Contractor.
WLC shall conduct and participate in job site construction meetings at weekly intervals. Both an
administrative and a physical review of the status of the project shall be conducted. WLC shall review and
prepare meeting minutes, make recommendations, prepare and process field revisions and clarifications,
construction change authorizations, and any necessary change orders. Shop drawings, tests/inspection
reports, and product/material samples submitted by the Contractor shall be reviewed. WLC shall monitor the
status of construction in order to assist the City's review and processing of the Contractor's Application for
Payment on a monthly basis. City's Project Manager shall review and approve submitted applications for
payment.
The construction schedule shall be reviewed and monitored as required. Specific attention shall be given to
major phases and events related to determination of overall critical path. Specific job site reviews shall be
conducted in order to determine the point of substantial and final completion. A detailed punch list shall be
created for each building area, facility component, and site element in a detailed manner by WLC Team
members and submitted to the Contractor for correction and completion. At the time of final completion, a
final site and building review shall be conducted by WLC, City representatives, and the Contractor. A
Certificate of Occupancy shall be issued based upon a satisfactory review. At this point in time, project
closeout shall be finalized and record drawings shall be prepared.
Exhibit "A" Scope of Services
Old Town Gymnasium
Page 9
Professional Services Agreement
City of Temecula & WLC Architects, Inc.
Contract Administration consisting of coordination with City's Proj ect Manager and Contractor as follows:
a. Scheduling and conducting periodic Project meetings with City's Project Manager,
Contractor, and Subcontractors.
b. Maintaining and periodically updating a record of significant changes made during
construction.
Submittal Services consisting of:
a. Processing and review of submittals, including Shop Drawings, Product Data, and Samples
b. Distribution of submittals to City's Project Manager and Contractor as required.
c. Maintenance of master file of submittals.
d. Related communications.
Observation Services consisting of weekly visits or as otherwise agreed by the City and Architect in writing
to become generally familiar with the progress and quality of the Work completed and to determine in
general if the Work when completed will be in accordance with Contract Documents; preparing related
reports and communications.
Quotation Requests/Change Orders consisting of:
a. Preparation, reproduction and distribution of Drawings and Specifications to describe Work
to be added, deleted or modified.
Project Closeout services initiated upon notice from the Contractor that the Work, or a designated portion
thereof which is acceptable to the City, is sufficiently complete, in accordance with the Contract Documents,
to permit occupancy or utilization for the use for which it is intended, and consisting of:
a. A detailed inspection with the Contractor and City's Project Manager for conformity of the
Work to the Contract Documents to verify the list submitted by the Consultant or City's
Project Manager of items to be completed or corrected.
b. Punch list review upon notice by the Contractor that the Work is ready for final review and
acceptance.
c. Notification to Contractor and City's Project Manager of deficiencies found in follow-up
punch list review(s), if any.
d. Final review with the City's Project Manager to verify final completion of the Work.
Exhibit "A" Scope of Services
Old Town Gymnasium
Page 10
Professional Services Agreement
City of Temecula & WLC Architects, Inc.
Exhibit "B" Basis for Compensation
Old Town Gymnasium
Cit ofTemecula
WLC
Architects
11.0 Master Planning, Preliminary Design & Entitlement Services
Landscape
Architect
WLC Desi n Team
Civil
Engineer
Structural
Engineer
Proj ect Programming 24 4 4 4
Site Environmental Assessment & Special Studies 40 8 8 0
Preliminary and Schematic Design
Architectural DesignIDocurnentation 120 0 0 0
Landscape DesignIDocumentation 0 40 0 0
Civil /Documentation & Topographical Survey 0 0 40 0
Structural DesignIDocumentation 0 6 0 24
Mechanical DesignIDocumentation 0 0 0 0
Electrical DesignIDocumentation 0 0 0 0
Materials Research/Specifications 16 4 0 6
Schematic Design Cost Estimate 16 4 6 6
Citv Reviews & M eetinps 10 4 4 0
I Subtotal Estimated Hours 226 70 62 40
IAvera~ed Hourlv Rates $95.00 $95.00 $90.00 $85.00
I Subtotal Estimated Fees $21,470.00 $6,650.00 $5,580.00 $3,400.00
IFee for Phase 1.0 Master Planning, Preliminary Design & Entitlement Services
IT t IH P r' D' S
oa ours re Immarv esm:n ervlces
12.0 Desigu Developmeut
Architectural DesignIDocurnentation 160 0 0 0
Landscape DesignIDocumentation 0 48 0 0
Civil DesignIDocurnentation & Soils Report 0 0 60 0
Structural DesignIDocurnentation 0 0 0 96
Mechanical DesignIDocumentation 0 0 0 0
Electrical DesignIDocumentation 0 0 0 0
Outline specifications 8 6 6 6
Preliminary Title 24 energy analysis 0 0 0 0
Design Development Cost Estimate 8 6 6 6
Citv Reviews & M eetin!!s 8 4 4 4
I Subtotal Estimated Hours 184 64 76 112
IAvera~ed Hourlv Rates $95.00 $95.00 $90.00 $85.00
I Subtotal Estimated Fees $17,480.00 $6,080.00 $6,840.00 $9,520.00
IFee for Phase 2.0 Design Development
1 Total Hours Desi~n Development Services
13.0 Construction Documents
Architectural DesignlDocurnentation 480 0 0 0
Landscape DesignlDocurnentation 0 160 0 0
Civil DesignlDocurnentation 0 0 172 0
Structural DesignlDocurnentation 0 0 0 180
Mechanical DesignlDocurnentation 0 0 0 0
Electrical DesignlDocurnentation 0 0 0 0
Project manual & CSI specifications 24 4 4 8
Final City building code analysis 8 0 0 0
30%, 60% and 90% cost estimates 12 4 4 4
Docurnent Coordination 80 16 16 32
--
I
MechlElect
Engineers
4
0
0
0
0
0
24
24
0
6
6
64
$85.00
$5,440.00 I
$42,540.00
462
o
o
o
o
48
48
6
16
8
8
134
$85.00
$11,390.00 I
$51,310.00
570
o
o
o
o
172
160
16
o
6
32
1 Citv Reviews & M eetinvs 12 4 4 4
I Subtotal Estimated Hours 616 188 200 228
IAvera~ed Hourlv Rates $95.00 $95.00 $90.00 $85.00
1 Subtotal Estimated Fees $58,520.00 $17,860.00 $18,000.00 $19,380.00
IFee for Phase 3.0 Construction Documents
I Total Hours Construction Documents
14.0 Bidding Phase
Bidding Coordination 16 2 2 2
Addenda 8 2 2 2
Analysis of Alternates/Substitutions 2 2 2 2
1 Subtotal Estimated Hours 26 6 6 6
IAvera~ed Hourlv Rates $95.00 $95.00 $90.00 $85.00
1 Subtotal Estimated Fees $2,470.00 $570.00 $540.00 $510.00
IFee for Phase 4.0 Bidding Services
1 Total Hours Bidding Phase
15.0 Construction Administration Services
Construction Site Support Services 200 18 18 40
Preparation of field clarifications to RFl's 60 6 6 30
Submittals, shop drawings, and samples 48 6 6 12
Record drawings 30 6 6 12
Project close-out for agency sign-off 8 4 4 4
I Subtotal Estimated Hours 346 40 40 98
IAvera~ed Hourlv Rates $95.00 $95.00 $90.00 $85.00
1 Subtotal Estimated Fees $32,870.00 $3,800.00 $3,600.00 $8,330.00
IFee for Phase 5.0 Construction Administration Services
I Total Hours Construction Administration
IT otal Basic Services
!optional Additional Services for Expanded Environmental
IEstimated Reimbursables
Topographical Survey
Preliminary Soils & Geotechnical Report
Reprographics - Printing & Paper Copy (Excludes Bid Sets - Cost by the City)
Computer Plotting
Photography
Messenger, Courier & Express Mail
I Total Estimated Reimbursables
I Standard Hourly Rates
3,386 Hours
Principal Architect
Associate Architect
Project Architect
Proj ect Manager
IntemlDesign Studio
Technical & Information Services
6
392
$85.00
$33,32000 I
$147,080.00
1,624
4
4
2
10
$85.00
$850.00 I
$4,940.00
54
64
40
20
20
8
152
$85.00
$12,920.00 I
$61,520.00
676
$307,390.00
$18,750.00
Included
Included
Included
Included
Included
Included
$0.00
$210.00
$175.00
$150.00
$125.00
$110.00
$75.00
Ii
-
I.
ITEM NO. 17
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
~
(l(L,
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
July 10, 2007
SUBJECT:
Amendment NO.3 to License Agreement with Temecula Valley Museum, Inc.
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the Board of Directors approve Amendment No.3, extending the
term of the agreement to June 30, 2009, to the License Agreement with Temecula Valley Museum,
Inc. for the operations of the museum gift shop and the wedding chapel.
BACKGROUND: On May 25, 1999, the Board of Directors approved a License
Agreement ("Agreement") with the Temecula Valley Museum, Inc. ("Association") for the operation
of the Temecula Valley Museum gift shop and wedding chapel. Through the Agreement, the
Association, a local non-profit organization, pays a wedding coordinator to schedule and direct
weddings held at the chapel. The Association schedules volunteers to provide merchandising and
sales responsibilities in the museum gift shop.
The Agreement calls for the Association to pay $30 per wedding to the TCSD. The Association also
engages in various fund raising efforts throughout the year. All funds raised by the Association
through gift shop sales, wedding fees and revenues, and fund raising, after operating costs, are
committed to the enhancement of the Temecula Valley Museum. The Association has purchase
display cases, artifacts and other needed items for the museum. In addition, they contributed
toward the recent Erie Stanley Gardner permanent exhibit. They also play an instrumental role in
the annual Erie Stanley Gardner Murder Mystery Weekend.
The term of the Agreement expired on June 30, 2007. The proposed amendment to the Agreement
will extend the term of the license for two years to June 30, 2009. This extension is in accordance
with the provisions of Amendment No.2, approved by the Board on February 24,2004. Approval of
the Amendment will allow the Association to continue providing gift shop and chapel staffing, as well
as, ongoing fund raising and special event support for the museum.
FISCAL IMPACT: The rental of the chapel for weddings is expected to generate
approximately $840 to the TCSD annually.
ATTACHMENTS:
Amendment NO.3 to Agreement with Temecula Valley Museum, Inc.
AMENDMENT NO.3 TO LICENSE AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND THE
TEMECULA VALLEY MUSEUM, INC. FOR OPERATION OF
MUSEUM GIFT SHOP AND WEDDING CHAPEL
THIS AMENDMENT NO.3 is made and entered into as of July 10, 2007 by and
between the Temecula Community Services District, a municipal corporation ("TCSD")
and Temecula Valley Museum, Inc., a California non-profit corporation ("Association").
In consideration of the mutual promises and covenants contained herein, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. This Amendment is made with respect to the following facts and purposes
which each of the parties agrees to be true and correct:
a. On May 25, 1999, the TCSD and Association entered into that
certain "License Agreement Between the Temecula Community
Services District and the Temecula Valley Museum, Inc., for
Operation of Museum Gift Shop and Wedding Chapel".
b. On July 25, 2000, the TCSD and Association entered into that
certain "Amendment NO.1 to License Agreement Between the
Temecula Community Services District and Temecula Valley
Museum, Inc. for Operation of Museum Gift Shop and Wedding
Chapel".
c. On February 24, 2004, the TCSD and Association entered into
that certain "Amendment No. 2 to License Agreement Between
the Temecula Community Services District and Temecula Valley
Museum, Inc. for Operation of Museum Gift Shop and Wedding
Chapel".
d. The Original License Agreement dated May 25,1999 as amended
by Amendment No.1, Amendment NO.2 and Amendment No.3,
shall be known collectively as the "Agreement."
e. The parties now desire to amend the Agreement again in order to
extend the term of the Agreement.
2. Section 3 of the Agreement is amended to read as follows:
"3. Term. Association may utilize the Premises from May 25,
1999 until June 30, 2009 unless sooner terminated pursuant to
this Agreement. Either party may terminate this Agreement for
any reason by providing a sixty (60) day written notice of
C\ WI N DOWS\apsdoc\nettemp\4336\$ASQpdf849638. doc
termination to the other party."
3. Except as otherwise set forth in this Third Amendment, all other terms of
the License Agreement remain in full force and effect.
1111
1111
C\ WI N DOWS\apsdoc\nettemp\4336\$ASQpdf849638. doc
IN WITNESS WHEREOF, this Amendment NO.3 has been executed on behalf of
the parties as of the date first written above.
TEMECULA VALLEY MUSEUM, INC.,
a California non-profit corporation
TEMECULA COMMUNITY SERVICES
a municipal corporation
Donna Sherry Boggins
President
Jeff Comerchero
President
Attest:
Margaret Cushing
Treasurer
Susan W. Jones, MMC
City Clerk
Approved as to form:
Peter M. Thorson
City Attorney
C\ WI N DOWS\apsdoc\nettemp\4336\$ASQpdf849638. doc
TEMECULA COMMUNITY
SERVICES DISTRICT
PUBLIC HEARING
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ITEM NO. 18
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Approvals
City Attorney
Director of Finance
City Manager
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TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
July 10, 2007
SUBJECT:
Service Level C Election Public Hearing
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 OF THE CITY OF
TEMECULA CALLING A SPECIAL MAIL BALLOT ELECTION FOR
AUGUST 28, 2007 TO SUBMIT A PROPOSED INCREASE TO THE
RATES AND CHARGES FOR SERVICE LEVEL C TO OWNERS OF
REAL PROPERTY SUBJECT TO THE PROPOSED INCREASE,
APPROVING A REPORT ON THE PROPOSED INCREASE AND
ADOPTING PROCEDURES FOR THE CONDUCT OF THE
ELECTION
2. Approve the Notice of Election, Ballot, and Procedures for the Completion, Return and
Tabulation of the Ballots.
3. Authorize staff to mail the ballots to the affected property owners pursuant to the
aforementioned process.
BACKGROUND: The Temecula Community Services 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 services as the Board of Directors of the TCSD.
Upon incorporation of the TCSD established Service Level C and accepted the landscape
maintenance responsibilities for residential perimeter landscaping and slope maintenance that were
previously maintained by Riverside County Service Area 143. In addition, as new residential
development occurred, TCSD accepted additional perimeter landscaping and slope areas or zones
into Service Level C. At this time TCSD has established thirty-one (31) Service Level C 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 areas' square footage, plant material and topography. The total
landscape maintenance costs were proportionally spread among all assessable property owners
within the tract(s) associated with the residential development.
The passage of California Proposition 218 in 1996 restricted the ability to increase Service Level C
rates and charges without conducting a noticed public hearing and a property owner mailed ballot
election.
Service Level C rates and charges, which are collected with property taxes, have not increased
since they were established. Meanwhile, the costs for utilities and maintenance costs have
continued to rise. As a result, in most cases, the charge currently being collected does not coverthe
actual cost to maintain each zone.
The thirty-one (31) Service Level C zones can be grouped into three (3) separate categories.
The first category includes four (4) zones that are adequately funded for their respective zones'
maintenance costs. This group includes zones 2, 9, 16 and 28. The property owners in this zone
will be asked to approve an annual adjustment for future years' fiscal needs.
The second category includes twenty-five (25) zones that are not adequately funded for their
respective zones' maintenance costs. This group includes 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. The property owners in these zones will be
asked to approve a rate increase along with an annual adjustment.
The third category includes two (2) zones that are adequately funded for their respective zones'
maintenance costs and the property owners have approved an annual adjustment. This group
includes zones 29 and 31. No action will be required for these zones.
On May 22,2007 and in accordance with Proposition 218, the Board of Directors adopted the
resolution of intention to increase Service Level C rates and charges; directed staff to prepare a levy
report regarding the proposed increase and gave direction to staff to mail the Notice of Public
Hearing to all the affected property owners. The Notice of Public Hearing was mailed on Friday,
May 25,2007.
At tonight's Public Hearing, the Board of Directors must hear and consider all objections or protests
to the levy report and proposed Service Level C rate and charge increase which includes an annual
Consumer Price Index (CPI) adjustment for use in future years, as needed. If a majority of the
property owners in a particular zone present a written protest to the proposed increase then the
Board must abandon any proceedings for the proposed increase in that zone. In this instance, the
individual property owners would continue to be assessed at their current Service Level C rate and
charge.
However, if the majority of property owners, in a particular zone, do not submit a written protest
against the proposed rate increase, the Board of Directors may then submit the proposed increases
to an election in each zone requiring a majority approval of the returned mailed ballots forthat zone..
In this instance, the Board of Directors can order and call for an election for August 28,2007 and
direct staff to mail the Notice of Election along with the ballot and Procedures for Completion, Return
and Tabulation of Ballots in accordance with Proposition 218.
In order for a ballot to be counted, it must be submitted or mailed to the City Clerk!TCSD Secretary
by 8:00 p.m. on Tuesday, August 28,2007. The ballot must be completed in conformance with the
procedures included with the ballot. The ballot should be mailed in the self addressed, stamped
envelope provided.
The results of the election shall be announced by the City Clerk! District Secretary at the end of the
tabulation and presented to the Community Services District for formal certification at its meeting on
Tuesday, September 11,2007.
The ballot, Notice of Election and Procedures for the Completion, Return and Tabulation of the
Ballots will be provided in Spanish as required by statute.
FISCAL IMPACT: The costfor mailing the ballots including mail merge services, printing,
postage, and translation services is $34,900. This is funded through existing appropriations.
ATTACHMENTS:
List of Zones
Resolution
Attachment 1
LIST OF ZONES
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 OF
THE CITY OF TEMECULA CALLING A SPECIAL MAIL
BALLOT ELECTION FOR AUGUST 28, 2007 TO SUBMIT
A PROPOSED INCREASE TO THE RATES AND
CHARGES FOR SERVICE LEVEL C TO OWNERS OF
REAL PROPERTY SUBJECT TO THE PROPOSED
INCREASE, APPROVING A REPORT ON THE
PROPOSED INCREASE AND ADOPTING PROCEDURES
FOR THE CONDUCT OF THE ELECTION
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE ASFOLLOWS:
Section 1. On May 22, 2007, the Board of Directors (the "Board") of the
Temecula Community Services District (the "TCSD") adopted Resolution No. 07-04
declaring its intention to increase rates and charges for Service Level C commencing
Fiscal Year 2008-2009 and to provide an annual adjustment to such rates and charges
(the "Proposed Increase").
Section 2. Pursuant to Article XIIID of the California Constitution ("Proposition
218") TCSD Board must hold a noticed public hearing on the Proposed Increase and
the report (the "Written Report") containing a description of each parcel of real property
to which the Proposed Increase is applicable and the amount of the Proposed Increase,
and to consider protests to the Proposed Increase and, if a majority protest is not
received at the public hearing, the Council must submit the question of the Proposed
Increase to a vote of the owners of the property subject to the Proposed Increase for
approval before the Proposed Increase may be levied.
Section 3. In accordance with Proposition 218, the Board held a duly noticed
public hearing on the matter of the Written Report and the Proposed Increase on July
10, 2007 and took testimony, both written and oral.
Section 4. The Board hereby approves the Written Report, which is
incorporated herein by this reference, and the Proposed Increase described in the
Written Report.
Section 5. The Board determines that for each Service Level C zone, written
protests have not been received from property owners representing a majority of the
parcels subject to the Proposed Increase in that particular Service Level C zone.
Section 6. The Board hereby calls a special election, to be held solely by mail
ballot, for the purpose of submitting the Proposed Increase to a vote of the owners of
parcels that are subject to the Proposed Increase within each Service Level C zone.
The date of the election shall be Tuesday, August 28, 2007. Ballots must be received
by the City Clerk/Secretary of the TCSD no later than 8:00 p.m. on the date of the
election.
Section 7. The notice and ballot to be submitted to the property owners shall
be substantially in the forms attached as Exhibit A, which are incorporated herein by this
reference.
Section 8. The Board hereby approves the Procedures for the Completion,
Return and Tabulation of Ballots (the "Ballot Procedures") as set forth in Exhibit B,
which is incorporated herein by this reference, and directs the Ballot Procedures to be
placed on file in the office of the City Clerk/Secretary of the TCSD. The special election
called by this resolution shall be conducted in accordance with Ballot Procedures.
Section 9. The City Clerk/Secretary of the TCSD is hereby authorized to
canvass the returns of the election. The officers and staff of the TCSD are hereby
authorized and directed to take such further action as may be necessary and
appropriate in preparing for and conducting the election.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Community Services District of the City ofTemecula this 10th day of July, 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 10th day of July , 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
Exhibit A (1 of 2)
OFFICIAL BALLOT
Zone 1- Saddlewood/Pavillion Point
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVEL C RATES AND CHARGES
PROPERTY OWNER: Shall the annual charge for Service Level C (perimeter
landscaping and slope maintenance services), as
John and Jane Smith specified in Temecula Community Services District
12345 Temecula Road Resolution No. 07-XXXX:
T emecula, CA 92592
1) Be increased by $14.64 per parcel each year for
Fiscal Years 2008-2009 through 2014-2015 and
2) Beginning Fiscal Year 2015-2016 be subjectto an
annual inflation adjustment that is based on the
Riverside County Consumer Price Index-All Urban
Consumers (CPI-U) percentage change for the
previous calendar year and that cannot exceed 5%
annually?
PROPERTY:
APN: 123-456-789 D D
12345 Temecula Lane YES NO
I hereby declare, under penalty of perjury that I am the record owner, or the authorized representative
of the record owner, of the parcel identified above.
Signature
Date
Print Name
Check only one box. Ballots must be completed in ink and returned in the enclosed envelope self-
addressed to the City ClerklDistrict Secretary; City of Temecula, P.O. Box 9033; Temecula CA 92589-
9033 or delivered to City of Temecula; Attn: City ClerklDistrict Secretary at43200 Business Park Drive,
Temecula, CA 92590 prior to 8:00 pm on Tuesday, August28, 2007. For a more complete explanation
of the balloting process please refer to the enclosed "Procedures for the Completion, Return and
Tabulation of Ballots".
Exhibit A (2 of 2)
NOTICE OF ELECTION
ZONE 1- Saddlewood/Pavillion Point
PROPOSED SERVICE LEVEL C RATES AND CHARGES
The Temecula Community Services District (TCSD) finds it necessary to propose
an increase to 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"). TCSD prepared a
report regarding the Proposed Increase, which is filed with the Secretary of the
TCSD (the "Report"). The Report identifies the properties upon which the
Proposed Increase will be imposed (the "Properties"), if approved, beginning
Fiscal Year 2008-2009.
For your Service Level C zone, the Fiscal Year 2008-2009 Service Level C
charge is proposed to increase by $14.64, for a total charge of $161.64. This
charge will increase annually by $14.64 through Fiscal Year 2014-2015.
Beginning Fiscal Year 2015-2016, TCSD proposes to increase, as needed, the
annual Service Level C Charges by the percentage change in the Consumer
Price Index for All Urban Consumers (CPI-U) for the previous calendar year but
by no more than 5%.
On July 10, 2007 the Board of Directors conducted a public hearing and
considered all objections or protests to the Report and the Proposed Increase.
At the conclusion of the public hearing, The Board determined that written
protests against the Proposed Increase were presented by less than a majority of
owners of the Properties in your Service Level C zone. As a result the TCSD
Board has called an election by the Property owners for approval of the
Proposed Increase.
The Board of Directors encourages you to return the ballot indicating your
approval of or opposition to the Proposed Increase and to use the enclosed
envelope. The ballot must be received by the City Clerk/District Secretary no
later than 8:00 pm on August 28, 2007.
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The Proposed Increase for your Service Level C zone will be abandoned if the
ballots are not approved by a majority vote of the returned ballots. In the event
the Proposed Increase is abandoned, the property owner will continue to be
assessed at their current Service Level C charge.
Pursuant to the federal Voting Rights Act we are also providing the enclosed
ballot materials in Spanish.
If you have any questions about this notice, ballot or Proposed Increase, please
do not hesitate to contact Barbara Smith at the City of Temecula, Community
Services Department at (951) 694-6480.
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EXHIBIT B
TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES
FOR THE COMPLETION, RETURN, AND TABULATION OF
BALLOTS
I. Comoletion of Ballots
Who may complete a ballot
A ballot may be completed by the owner of the parcel to be
charged. As used in these Procedures, the term "owner"
includes the owner's authorized representative. If the owner of
the parcel is a partnership, joint tenancy, or tenancy in common,
a ballot may be completed by any of the general partners, joint
tenants, or tenants in common. Only one ballot may be
completed for each parcel.
Duplicate ballots
If a ballot is lost, destroyed or never received, the City
Clerk/District Secretary will provide a duplicate ballot to the
owner upon receipt of a request in writing to the City Clerk, at
P.O. Box 9033, Temecula, California, 92589-9033, or otherwise
delivered to the City Clerk/District Secretary at 43200 Business
Park Drive, Temecula, California 92590. The duplicate ballot will
be marked to show the date on which the ballot was provided
and to identify it as a duplicate ballot.
Marking and signing the ballot
To complete a ballot, the owner of the parcel must (1) mark the
appropriate box approving or opposing the proposed charge, and
(2) sign, under penalty of perjury, the statement on the ballot that
the person completing the ballot is the owner of the parcel or the
owner's authorized representative. Only one box may be
marked on each ballot. Ballots must be completed in ink.
Only ballots provided by the District will be accepted
The District will only accept ballots mailed or otherwise provided
to owners by the District. Photocopies, faxes, and other forms of
the ballot will not be accepted.
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EXHIBIT B
TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES
FOR THE COMPLETION, RETURN, AND TABULATION OF
BALLOTS
II. Return of Ballots
Who may return ballots
A ballot may be returned by the owner of the parcel or by anyone
authorized by the owner to return the ballot.
Where to return ballots
Ballots may be mailed to the Cit y Clerk/District Secretary's Office, at
P.O. Box 9033, Temecula, California, 92589-9033, (the District has
provided a return envelope). Ballots may also be delivered in person
to the City Clerk/District Secretary's Office at 43200 Business Park
Drive, Temecula, California 92590. Ballots may not be returned by
fax.
When to return ballots
All returned ballots must be received by the City ClerklDistrict
Secretary's Office prior to 8:00 p.m. on August 28,2007. The City
Clerk/District Secretary will stamp on the ballot the date of its receipt.
Withdrawal of ballots
After returning a ballot to the City Clerk/District Secretary, the person
who signed the ballot may withdraw the ballot by submitting a written
request in person to the City Clerk/District Secretary at 43200
Business Park Drive, Temecula, California 92590. Such request
must be received by the City Clerk/District Secretary prior to 8:00
p.m. on August 28, 2007. If any ballot has been withdrawn, the
person withdrawing the ballot may request a duplicate ballot. The
City Clerk/District Secretary will retain all withdrawn ballots and will
indicate on the face of such ballots that they have been withdrawn.
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EXHIBIT B
TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES
FOR THE COMPLETION, RETURN, AND TABULATION OF
BALLOTS
III. Tabulation of Ballots
Which ballots will be counted
Only ballots which are completed and returned in compliance with
these procedures will be counted. Ballots received by the City
Clerk/District Secretary after 8:00 p.m. on August 28, 2007 will not be
counted. Ballots which are not signed by the owner will not be
counted. Ballots with no boxes marked, or with more than one box
marked, will not be counted. Ballots withdrawn in accordance with
these procedures will not be counted.
The City Clerk/District Secretary will keep a record of each duplicate
ballot provided to an owner and will verify, prior to counting any
duplicate ballot, that only one ballot has been returned for the parcel.
If a non-duplicate ballot has been returned, the District will count the
non-duplicate ballot and disregard all duplicate ballots. If only
duplicate ballots have been returned, the District will count the
earliest provided duplicate ballot and disregard the later provided
duplicate ballots.
How ballots will be tabulated
Ballots may be counted by hand, by computer or by any other
tabulating device.
Who will tabulate ballots
Ballots tabulation will be overseen by the City Clerk/District Secretary.
When and where will the ballots be tabulated
Ballots will be opened and tabulated on Wednesday, August 29, 2007
starting at 8:30 A. M. in the City Council Conference Room at
Temecula City Hall, 43200 Business Park Drive, Temecula,
California, 92590. This process is open to the general public.
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EXHIBIT B
TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES
FOR THE COMPLETION, RETURN, AND TABULATION OF
BALLOTS
Results of tabulation
The results of the tabulation will be announced following the
completion of the tabulation and entered in the minutes of the next
Board of Directors meeting September 11, 2007.
IV. Resolution of Disoutes
In the event of a dispute regarding whether the signer of a ballot is
the owner of the parcel to which the ballot applies, the District will
make such determination from the last equalized assessment roll and
any evidence of ownership submitted to the City Clerk/District
Secretary. The District will be under no duty to obtain or consider any
other evidence as to ownership of property and the District's
determination of ownership will be final and conclusive.
In the event of a dispute regarding whether the signer of a ballot is an
authorized representative of the owner of the parcel, the District may
rely on the statement on the ballot, signed under penalty of perjury,
that the person completing the ballot is the owner's authorized
representative and any evidence submitted to the City Clerk/District
Secretary. The District will be under no duty to obtain or consider any
other evidence as to whether the signer of the ballot is an authorized
representative of the owner and the District's determination will be
final and conclusive.
V. General Information
For further information, contact the City Clerk/District Secretary at
(951) 694-6444; by mail, at P.O. Box 9033, Temecula, California,
92589-9033; or in person, at 43200 Business Park Drive, Temecula,
California 92590.
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DISTRICT BUSINESS
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ITEM NO. 19
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Approvals
City Attorney
Director of Finance
City Manager
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TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
July 10, 2007
SUBJECT:
Redhawk Park Improvements Conceptual Master Plan
PREPARED BY:
Cathy McCarthy, Development Services Administrator
RECOMMENDATION:
the Redhawk Park Sites.
That the Board of Directors approve the Conceptual Master Plan for
BACKGROUND: Over several months the Community Services Department and our
design consultant RJM Design Group, along with Council Members Jeff Comerchero and Maryanne
Edwards and Community Services Commission members have worked with the residents of
Redhawk to design the proposed park improvements for the four existing Redhawk park sites.
Through a series of meetings with community members and a community wide workshop attended
by several members of the Redhawk area, the architect developed the proposed improvements for
the each park.
A few of the proposed improvements at the various park sites include a restroom facility, ADA
improvements, turf and irrigations modifications, play structure upgrades, shade structures, half
court basketball and a permanent dog park. It is envisioned these improvements will be phased
over several years. Phase I is proposed to include a restroom, half court basketball, ADA
improvements and the permanent dog park at Redhawk Community Park. A seat wall and shade
structure for Sunset Park would also be included in Phase I.
The Community Services Commission has reviewed and approved the conceptual master plan for
the Redhawk parks.
FISCAL IMPACT: The funding for the conceptual master plan has been funded in the
2006-2007 Capital Improvement Program (CIP) in the amount of $30,640. The funding for Phase I
plans and specifications will be brought forward to the Board of Directors with the approval of the
contract and is funded in the 2007-2008 CIP.
ATTACHMENTS:
Redhawk Community Park Conceptual
Sunset Park Conceptual
Paseo Gallante Park Conceptual
Temecula Creek Park Conceptual
ADD EAST PEDESTRIAN
ENTRANCE
IMPROVE
LANDSCAPING
ADA ACCESSIBLE
PARKING
WEST PEDESTRIAN
ENTRANCE TO PARK
ADD SHADED PICNIC
AREA, TYP.
UPGRADE PLAY STRUCTURES
WITH SHADE AND ADA
ACCESSIBILITY
- - --
ADD RESTROOM
ADD BASKETBALL
HALF COURT
DOG PARK
IMPROVE LANDSCAPING
AT SOUTHWEST PERIMETER
Redhawk Community Park
PICNIC TABLES & SHADE
STRUCTURES
IMPROVE DRAINAGE
I BASKETBALL HALF COURT I
I SEA TW ALL & SHADE I
UPGRADE PLAY STRUCTURES
WITH SHADE & ADA
ACCESSIBILITY
..
,-. -" 'c -,.
r ~,,' :",',;. - '"
- f '~____"
CORTE BONILlO
S~unset Par'k
" .- , ~. .,_ "_ --" .0 ." __._ .' '" ~ _ ~ _
"""...
I SHADED PICNIC AREA I
UPGRADE PLAY STRUCTURES
& ADA ACCESSIBILITY
NOTE: PRESERVE VIEWS
PICNIC AREA &
SHADE STRUCTURE
=-
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if'
~....
Got.t>-
t>-~t-:
~\:..t.
c.o~
",.."
....
P'as.eo Gallan.te P'ar'k
INCREASE FITNESS
AMENITIES
NATURE WALK
BOCCE BALL COURT
~ KIOSK I SHADE STRUCTURE
/ & SEATING
SHADE STRUCTURE
& PICNIC AREA
~
I.
;..-~
.;.:.-::--
....;;-
VERIFY "OTENTlAL TO IMPROVE
PEDESTRIAN & VEHICULAR ACCESS
X'
..-
~~
Tiem_ecula Cr'eek p13"rk -Elast End
...
-
J.-
II
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I~ ~ ',1'- l'
\-\ ~'
'yT
~~ VERlFY POTENTIAL TO IMPROVE
PEDES'rRIAN & VE.HICULAR ACCESS
Tem_ecula C'reek Par.k -W'es!t EID.d
REDEVELOPMENT
AGENCY
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ITEM NO. 20
I
I
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
JUNE 26, 2007
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:47
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
28 Minutes
RECOMMENDATION:
28.1 Approve the minutes of June 12, 2007.
29 Old Town Billboard Lease Acreement
RECOMMENDATION:
29.1 Approve a $44,410 Lease Agreement with Lamar Advertising Company for the Old
Town Billboard.
30 Acreement between Melodv's Ad Works and the Redevelooment Acencv for FY 2007-08
RECOMMENDATION:
30.1 Approve an agreement with Melody's Ad Works in the amount of $33,000 for
promoting and marketing Special Events in Old Town.
MOTION: Agency Member Washington moved to approve the Consent Calendar. Agency
Member Roberts seconded the motion and electronic vote reflected approval with the
exceotion of Agency Members Naggar and Comerchero who both abstained from item No. 29.
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RDA DEPARTMENTAL REPORT
31 Redevelooment Deoartmental Monthlv Reoort
RDA EXECUTIVE DIRECTORS REPORT
No additional comments.
RDA AGENCY MEMBERS REPORTS
No additional comments.
RDA ADJOURNMENT
At 7:49 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, July 10, 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]
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2
Ii
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I.
ITEM NO. 21
I
I
Approvals
City Attorney
Director of Finance
City Manager
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TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
July 10, 2007
SUBJECT:
Annual Contract for Keyser Marston Associates, Inc. for Real Estate Economic
and Affordable Housing Consulting Services for Fiscal Year 2007-08
RECOMMENDATION:
That the Agency Members:
1. Approve an agreement with Keyser Marston Associates, Inc. in the amount of $80,000 to
provide as-needed Real Estate Economic Consulting Services for Fiscal Year 2007-08
and Authorize the Redevelopment Chairperson to execute the agreement.
2. Approve an agreement with Keyser Marston Associates, Inc. in the amount of $75,000 to
provide as-needed Affordable Housing Consulting Services for Fiscal Year 2007-08 and
Authorize the Redevelopment Chairperson to execute the agreement.
BACKGROUND: The Agency is currently pursuing a comprehensive range of redevelopment
projects, including commercial, institutional, affordable housing and other revitalization initiatives.
Keyser Marston Associates, Inc. (KMA) has provided economic consulting services to assist the
Temecula Redevelopment Agency (Agency) with its redevelopment and affordable housing projects
for nearly ten years. The attached one-year agreement is to provide as-needed services for projects
through Fiscal Year 2007-08. In order to assist the Agency with these activities, KMA will provide
the following menu of consulting services on an as-needed basis:
1. Market Support and Valuation
2. Fiscal and Economic Impact
3. Financial Analysis
4. Identification of Financing Sources
5. Transaction of Structuring/Negotiations
6. Preparation of Reuse Analyses and Summary Reports
7. Public Hearings and Presentations
KMA will provide all services, as requested, on a time-and materials basis subject to the attached
standard hourly billing rate schedule.
FISCAL IMPACT: The $80,000 will be funded through 280-199-999-5250 and $75,000
through 165-199-999-52502007/08 Budget.
ATTACHMENTS:
Real Estate Economic Consulting Services Contract for Fiscal Year 2007-08
Affordable Housing Consulting Services Contract for Fiscal Year 2007-08
AGREEMENT
FOR CONSULTANT SERVICES
BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY
AND
KEYSER MARSTON ASSOCIATES, INC.
ANNUAL AGREEMENT FOR 2007/08
FOR AFFORDABLE HOUSING SERVICES
THIS AGREEMENT is made and effective as of July 10, 2007 , between the City of
Temecula Redevelopment Agency, a municipal corporation ("Agency") and Keyser Marston
Associates, Inc. ("Consultant'J). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1 0,2007, 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.
5. PAYMENT.
a. The Agency agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment
rates and schedule of payment are null and void. This amount shall not exceed Seventy Five
Thousand Dollars and 00/100 ($75,000.00 ) for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the Executive Direcor. Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed to by
Executive Director and Consultant at the time Agency's written authorization is 9iven 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 Agency disputes any of consultant's fees it shall give
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written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on
the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The Agency may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the Agency suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the Agency
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the Agency. Upon termination of the Agreement
pursuantto this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Consultant. If such failure by the Consultant to make progress in the performance of
work hereunder arises out of causes beyond the Consultant's control, and without fault or
negligence of the Consultant, it shall not be considered a default.
b. If the Executive Director or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service upon
it of said notice in which to cure the default by rendering a satisfactory performance. In the event
that the Consultant fails to cure its default within such period of time, the Agency shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by Agency that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of Agency or
its designees at reasonable times to such books and records, shall give Agency the rightto examine
and audit said books and records, shall permit Agency to make transcripts there from as necessary,
and shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.'
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, surveys, notes, and other
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documents prepared in the course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the Agency and may be used, reused or otherwise
disposed of by the Agency without the permission of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the Agency, City, and/or District, 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 Agency, City, and/or
District, 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 Agency.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum 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.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accidentfor
bodily injury or disease.
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(4) Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Agency Manager. At the option of the Agency
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the Agency, its officers, officials, employees and volunteers; or the Consultant shall procure
a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The Agency, 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 Ageny, 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 Agency, its
officers, officials, employees and volunteers. Any insurance or self-
insured maintained by the Agency, its officers, officials, employees or
volunteers shall be excess of the Consultant'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 Agency, 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 agreement shall be endorsed
io state: should the policy be cancelled before the expiration date the
issuing insurer will endeavor to mail thirty (30) days' prior written
notice to the Agency.
(6) If insurance coverage is cancelled or, reduced in coverage or in limits
the Consultant shall within two (2) business days of notice from the
insurer, phone, fax, and/or notify the Agency via certified mail, return
receipt requested of the changes to or cancellation of the policy.
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 Agency. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Consultant shall furnish the Agency with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a .
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person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the Agency. All endorsements are to be received and approved by the Agency
before work commences. As an alternative to the Agency's forms, the Consultant's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
11. .INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the Agency a wholly
independent contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the Agency. Consultant
shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or
bind Agency in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for Agency. Agency shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by
failure of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without Agency's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the Executive Director or unless requested by the Agency Counsel, 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 Agency. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives Agency notice of such court order or subpoena.
b. Consultant shall promptly notify Agency should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the Agency. Agency retains the
right, but has no obligation, to represent Consultant and/or be present at any deposition, hearin9 or
similar proceeding. Consultant agrees to cooperate fully with Agency and to provide Agency with
the opportunity to review any response to discovery requests provided by Consultant. However,
Agency's right to review any such response does not imply or mean the right by Agency to control,
direct, or rewrite said response.
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14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (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 Agency:
The City of T emecula Redevelopment Agency
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
. To Consultant:
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718-9508
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
Agency. Upon termination of this Agreement, Consultant's sole compensation shall be paymentfor
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the Agency Board and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The Agency and Consultant understand and agree that
the laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula Redevelopment Agency. In the event such
litigation is filed by one party against the other to enforce its rights under this Agreement, the
prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees
and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee ofthe City ofT emecula
Redevelopment Agency shall have any financial interest, direct or indirect, in this Agreement, the
proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her
tenure or for one year thereafter. The Contractor hereby warrants and represents to the Agency that
no officer or employee of the City of Temecula Redevelopment Agency has any interest, whether
contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the
Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the
Agency in the event any such interest is discovered whether or not such interest is prohibited by law
or this Agreement.
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19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written , are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA REDEVELOPMENT
AGENCY
Maryann Edwards, RDA Chairperson
Attest:
Susan W. Jones, MMC, Agency Secretary!
City Clerk
Approved As to Form:
Peter M. Thorson, Agency Counsel
CONSULTANT
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718-9508)
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
PAYMENT RATES AND SCHEDULE
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
R:IKeyserMarston2004IConsultant.Prof Srvcs.2007082.dot
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KEYSER MARSTON ASSOCIATES
ADVISORS IN PU8L1C/PRIVATE REAL ESTATE DEVELOPMENT
ADVISORS IN:
REAL ESTATE
RE(lEVELOPMENT
AFFORDABU HOUSING
ECONOMIC DEYHOPMENT To:
MEMORANDUM
SAN FRANCISCO
AllRRY!aYSIR
TlMOTHYCULLY
KATE [ARUfuNl
DE881E M. KEf'N From:
R08ERTI,WETMORE
John Meyer, AICP
Director of Housing and Redevelopment
Temecula Redevelopment Agency
KEYSER MARSTON ASSOCIATES, INC.
Los ANGELES Date:
CALVIN E,HOlllS. II
KATHUEN H. HEAD
I^MESA RA8E Subject:
PAULC.ANPER50N
June 14, 2007
Proposal for Affordable Housing Consulting Services for 2007-2008
GREGORY D. SOO-HOO
SAN 01 EGO
GnlAlD M. TRIMBLE
PAUL C. MARRA
Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for consulting
services to assist the Temecula Redevelopment Agency (Agency) with its affordable
housing objectives. As we understand it, the Agency is pursuing a comprehensive range
of affordable housing initiatives, including both rental and for-sale housing. KMA is very
interested in assisting the Agency, and propose to provide the following consulting
services on an as-needed basis:
. Market Supporl and Valuation - KMA assists our clients with market demand
analyses: identification of appropriate development programs: and projection of
absorption potential and achievable rents and prices.
. Financial Analysis - KMA assists our clients in reviewing the financial feasibility of
proposed developments. This task serves our clients in several ways: comparison
of competing proposals: identification of supportable land value, or, alternatively,
need for "gap" financing: and assessment of the overall feasibility of alternative
development concepts. Typically, the KMA pro forma analyses are used extensively
in the context of negotiations with developers and/or property owners.
. Identification of Financing Sources - The development process, in particular the
development of affordable housing, typically relies on the "layering" of various public
and private financing sources - including competitively allocated federal, state, and
local funding. KMA has worked extensively with redevelopment and housing
1660 HOTEL CIRCLE NORTH. SUITE 716 .. SAN DIEGO, CALIFORNIA 91108 .. PHONE: 619 718 9500 .. FAX; 619 718 9508
W\oVW.KEVSERMARSTQN.COM
07101ndh
19545.021
To:
Subject:
John Meyer, AICP, Director of Housing and Redevelopment
Proposal for Affordable Housing Consulting Services
for 2007-2008
June 14, 2007
Page 2
agencies to successfully implement affordable and mixed-income housing
developments.
. Transaction Structuring/Negotiations - One of KMA's key roles is to assist public
agencies in soliciting and evaluating development proposals from qualified
developers and property owners. We assist our public clients in negotiating the
terms of land sales and public financial assistance.
. Preparation of Reuse Ana/yses and Summary Reports - Section 33433 of the Health
and Safety Code defines the specific process a redevelopment agency must follow in
order to dispose of public assets for purposes of private development. This process
requires that an agency prepare a Summary Report comparing the fair market value
of the property at highest and best use, the re-use value of the property subject to
the covenants and conditions imposed by the agency, and the agency's costs under
the proposed development agreement.
. Public Hearings and Presentations - KMA will participate as needed in public
meetings when redevelopment transactions are considered.
We will provide all services, as requested, on a time-and-materials basis subject to the
attached standard hourly billing rate schedule.
attachment
07101ndh
19545.021
KEYSER MARSTON ASSOCIATES, INC.
HOURLY FEE SCHEDULE
2007/2008
A. JERRY KEYSER' $270.00
MANAGING PRINCIPALS' $270.00
SENIOR PRINCIPALS' $260.00
PRINCIPALS' $240.00
MANAGERS' $215.00
SENIOR ASSOCIATES $180.00
ASSOCIATES $160.00
SENIOR ANALYSTS $145.00
ANALYSTS $125.00
TECHNICAL STAFF $92.50
ADMINISTRATIVE STAFF $ 77.50
Directly related job expenses not included in the above rates are: auto mileage, air fares,
hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data pro-
cessing, graphics and printing. Directly related job expenses will be billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable within
thirty (30) days of invoice date.
, Rates for individuals in these categories will be increased by 50% for time spent in court
testimony.
07101ndh
19545.021
AGREEMENT
FOR CONSULTANT SERVICES
BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY
AND
KEYSER MARSTON ASSOCIATES, INC.
ANNUAL AGREEMENT FOR 2007/08
FOR REAL ESTATE ECONOMIC SERVICES
THIS AGREEMENT is made and effective as of July 10, 2007, between the City of
Temecula Redevelopment Agency, a municipal corporation ("Agency") and Keyser Marston
Associates, Inc. ("Consultant'J). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1 0, 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.
5. PAYMENT.
a. The Agency agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment
rates and schedule of payment are null and void. This amount shall not exceed Eighty Thousand
Dollars and 00/100 ($80,000.00 ) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the Executive Director. Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed to by
Executive Director and Consultant at the time Agency'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 Agency disputes any of consultant's fees it shall give
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written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on
the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The Agency may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the Agency suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuantto this Section, the Agency
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the wo.rk performed is of value to the Agency. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Consultant. If such failure by the Consultant to make progress in the performance of
work hereunder arises out of causes beyond the Consultant's control, and without fault or
negligence of the Consultant, it shall not be considered a default.
b. If the Executive Director or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service upon
it of said notice in which to cure the default by rendering a satisfactory performance. In the event
that the Consultant fails to cure its default within such period of time, the Agency shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by Agency that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of Agency or
its designees at reasonable times to such books and records, shall give Agency the right to examine
and audit said books and records, shall permit Agency to make transcripts there from as necessary,
and shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained fora period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, surveys, notes, and other
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documents prepared in the course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the Agency and may be used, reused or otherwise
disposed of by the Agency without the permission of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the Agency, City, and/or District, 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 Agency, City, and/or
District, 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-
perforl'Dance of this Agreement, excepting only liability arising out of the negligence of the Agency.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum 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.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor
bodily injury or disease.
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(4) Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Agency Manager. At the option of the Agency
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The ge'neral liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The Agency, 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 Agency, 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 Agency, its
officers, officials, employees and volunteers. Any insurance or self-
insured maintained by the Agency, 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 Agency, 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 agreement shall be endorsed
to state: should the policy be cancelled before the expiration date, the
issuing insurer will endeavor to mail thirty (30) days' prior written
notice to the Agency.
(6) If insurance coverage is cancelled or, reduced in coverage or in limits
the Consultant shall within two (2) business days of notice from the
insurer, phone, fax, and/or notify the Agency via certified mail, return
receipt requested of the changes to or cancellation of the policy.
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 Agency. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Consultant shall furnish the Agency with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
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person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the Agency. All endorsements are to be received and approved by the Agency
before work commences. As an alternative to the Agency's forms, the Consultant's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the Agency a wholly
independent contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the Agency. Consultant
shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or
bind Agency in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for Agency. Agency shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by
failure of the Consultant to comply with this section.
13. ~ELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without Agency's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the Executive Director or unless requested by the Agency Counsel, 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 Agency. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives Agency notice of such court order or subpoena.
b. Consultant shall promptly notify Agency should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the Agency. Agency retains the
right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with Agency and to provide Agency with
the opportunity to review any response to discovery requests provided by Consultant. However,
Agency's right to review any such response does not imply or mean the right by Agency to control,
direct, or rewrite said response.
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14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (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 Agency:
The City of Temecula Redevelopment Agency
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
To Consultant:
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718-9508
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
Agency. Upon termination of this Agreement, Consultant's sole compensation shall be paymentfor
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the Agency Board and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The Agency and Consultant understand and agree that
the laws of the State of California shall govern the rights, obligations; duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula Redevelopment Agency. In the event such
litigation is filed by one party against the other to enforce its rights under this Agreement, the
prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees
and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City ofTemecula
Redevelopment Agency shall have any financial interest, direct or indirect, in this Agreement, the
proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her
tenure or for one year thereafter. The Contractor hereby warrants and represents to the Agency that
no officer or employee of the City of Temecula Redevelopment Agency has any interest, whether
contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the
Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the
Agency in the event any such interest is discovered whether or not such interest is prohibited by law
or this Agreement.
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19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the
day and year first above written.
CITY OF TEMECULA REDEVELOPMENT
AGENCY
Maryann Edwards, RDA Chairperson
Attest:
Susan W. Jones, MMC, Agency Secretary!
City Clerk
Approved As to Form:
Peter M. Thorson, Agency Counsel
CONSULTANT
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718-9508)
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
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J:XHIBIT A
PAYMENT RATES AND SCHEDULE
TASKS TO BE PERFORMED
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
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~rrn.
>;~l
KEYSER MARSTON ASSOCIATES
ADVISORS IN PU8L1C/PRIVATE REAL ESTATE DEVELOPMENT
ADVISORS IN:
REAL ESTATE
RE(lEVELOPMENT
AFFORDABU HOUSING
ECONOMIC DEYHOPMENT To:
MEMORANDUM
SAN FRANCISCO
AllRRY!aYSIR
TlMOTHYCULLY
KATE [ARUfuNl
DE881E M. KEf'N From:
R08ERTI,WETMORE
John Meyer, AICP
Director of Housing and Redevelopment
Temecula Redevelopment Agency
KEYSER MARSTON ASSOCIATES, INC.
Los ANGELES Date:
CALVIN E,HOlllS. II
KATHUEN H. HEAD
I^MESA RA8E Subject:
PAULC.ANPER50N
June 14, 2007
Proposal for Real Estate Economic Consulting Services for 2007-2008
GREGORY D. SOO-HOO
SAN 01 EGO
GnlAlD M. TRIMBLE
PAUL C. MARRA
Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for economic
consulting services to assist the Temecula Redevelopment Agency (Agency) with its
redevelopment objectives. As we understand it, the Agency is pursuing a
comprehensive range of redevelopment initiatives, including commercial, institutional,
and other revitalization endeavors. KMA is very interested in assisting the Agency, and
propose to provide the following economic consulting services on an as-needed basis:
. Market Supporl and Valuation - KMA assists our clients with market demand
analyses: identification of appropriate development programs: and projection of
absorption potential and achievable rents and prices. KMA also works with
community stakeholders and planning and design professionals to evaluate the
development potential - both commercial and residential - for specific districts or
neighborhoods.
. Fiscal and Economic Impact - KMA prepares assessments of fiscal and economic
benefits for proposed developments, including in-fill residential and commercial uses.
These assessments consider the potential impacts of a development proposal on the
surrounding community: the level of property tax and sales tax generation: and
potential benefits in terms of jobs/housing balance.
. Financial Analysis - KMA assists our clients in reviewing the financial feasibility of
proposed developments. This task serves our clients in several ways: comparison
1660 HOTEL CIRCLE NORTH. SUITE 716 .. SAN DIEGO, CALIFORNIA 91108 .. PHONE: 619 718 9500 .. FAX; 619 718 9508
W\oVW.KEVSERMARSTQN.COM
07100ndh
19545.022
To:
Subject:
John Meyer, AICP, Director of Housing and Redevelopment
Proposal for Real Estate Economic Consulting Services
for 2007-2008
June 14, 2007
Page 2
of competing proposals; identification of supportable land value, or, alternatively,
need for "gap" financing; and assessment of the overall feasibility of alternative
development concepts. Typically, the KMA pro forma analyses are used extensively
in the context of negotiations with developers and/or property owners.
. Transaction Structuring/Negotiations - One of KMA's key roles is to assist public
agencies in soliciting and evaluating development proposals from qualified
developers and property owners. We assist our public clients in negotiating the
terms of land sales and public financial assistance.
. Preparation of Reuse Ana/yses and Summary Reports - Section 33433 of the Health
and Safety Code defines the specific process a redevelopment agency must follow in
order to dispose of public assets for purposes of private development. This process
requires that an agency prepare a Summary Report comparing the fair market value
of the property at highest and best use, the re-use value of the property subject to
the covenants and conditions imposed by the agency, and the agency's costs under
the proposed development agreement.
. Public Hearings and Presentations - KMA will participate as needed in public
meetings when redevelopment transactions are considered.
We will provide all services, as requested, on a time-and-materials basis subject to the
attached standard hourly billing rate schedule.
attachment
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KEYSER MARSTON ASSOCIATES, INC.
HOURLY FEE SCHEDULE
2007/2008
A. JERRY KEYSER' $270.00
MANAGING PRINCIPALS' $270.00
SENIOR PRINCIPALS' $260.00
PRINCIPALS' $240.00
MANAGERS' $215.00
SENIOR ASSOCIATES $180.00
ASSOCIATES $160.00
SENIOR ANALYSTS $145.00
ANALYSTS $125.00
TECHNICAL STAFF $92.50
ADMINISTRATIVE STAFF $ 77.50
Directly related job expenses not included in the above rates are: auto mileage, air fares,
hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data pro-
cessing, graphics and printing. Directly related job expenses will be billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable within
thirty (30) days of invoice date.
, Rates for individuals in these categories will be increased by 50% for time spent in court
testimony.
07100ndh
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