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072611 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JULY 26, 2011 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. — The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1 Conference with City Attorney pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation on behalf of the City and the Redevelopment Agency. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and Redevelopment Agency based on existing facts and circumstances. 2. Conference with City Council's designated representatives, Mayor, Mayor pro Tem and City Attorney, regarding salary, compensation, and benefits, and to provide instruction to its designated representatives concerning these matters, for the unrepresented position of City Manager --Nominee pursuant to the authority of Government Code Section 54957.6. The City Council will consider and discuss these matters in a public meeting before taking any action on the approval of salary, compensation and benefits for this unrepresented position. 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: 11-06 Resolution: 11-53 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Patricia Bradley Invocation: Pastor Oliver Sears of Light of Faith Christian Center Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts 1 PRESENTATIONS/PROCLAMATIONS Presentation to Richard Olson by Senator Anderson's Office Presentation to City by Plein Air, Purchase Award Winner Jack Ragland PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. There is a five-minute time limit for each speaker. 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, 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 Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of July 12, 2011. 2 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Statement of Investment Policy RECOMMENDATION: 4.1 Adopt the Treasurer's Statement of Investment Policy which provides safety, liquidity, compliance, and yield for City funds. 5 Acceptance of Improvements and Notice of Completion for Closed Circuit Television (CCTV) Installation on Temecula Parkway — Project No. PW07-07 RECOMMENDATION: 5.1 Accept the construction of the Closed Circuit Television (CCTV) Installation on Temecula Parkway — Project No. PW07-07, as complete; 5.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 5.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 6 Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation Program, Nicolas Road — Project No. PW10-05c RECOMMENDATION: 6.1 Accept the construction of the Pavement Rehabilitation Program, Nicolas Road — Project No. PW10-05c, as complete; 6.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 6.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 3 7 Professional Service Agreements for various services required by the Public Works Capital Improvement Projects Division for fiscal year 2011-12 RECOMMENDATION: 7.1 Approve the following agreements for Property Appraisal services, Geotechnical and Material Testing services, and Engineering and Survey services for various Capital Improvements Projects (CI P) Division project needs for fiscal year 2011- 12, in the amounts stated: Appraisal Services: CPSI, Inc. $50,000 Overland, Pacific & Cutler, Inc. $50,000 Epic Land Solutions $50,000 Geotechnical Services: Converse Consultants Construction, Testing & Engineering Leighton Consulting, Inc. Engineering and Survey Services: RBF Consulting Harris & Associates, Inc. $100,000 $100,000 $100,000 $100,000 $100,000 8 Award of a Construction Contract for the Pavement Rehabilitation Program, Margarita Road Project 1 — Project No. PW10-08 RECOMMENDATION: 8.1 Award a construction contract for the Pavement Rehabilitation Program, Margarita Road Project 1 — Project No. PW10-08, to R.J. Noble Company in the amount of $2,843,759.99; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $284,376, which is equal to 10% of the contract amount; 8.3 Make a finding that the Pavement Rehabilitation Program, Margarita Road Project 1 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 9 Award of a Construction Contract for the Pavement Rehabilitation Program, Winchester Road — Project No. PW10-11 RECOMMENDATION: 9.1 Award the construction contract for the Pavement Rehabilitation Program, Winchester Road — Project No. PW10-11, to RJ Noble Company in the amount of $1,178,654.50; 4 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $117,865.45 which is equal to 10% of the contract amount; 9.3 Make a finding that the Winchester Road project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 10 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System — Project No. PW05-11 RECOMMENDATION: 10.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System — Project No. PW05-11. 11 Benefit Concert, Co -Sponsorship Request RECOMMENDATION Approve a co-sponsorship agreement with Collaborative Community Education, Inc. (Context Schools of Temecula) for a Steve Miller "Cross -Over" Rock Symphony event in Old Town Temecula, contingent upon Context Schools ability to secure the funding necessary to cover the cost of event logistics. 12 Second Reading of Ordinance No. 11-05 RECOMMENDATION: 12.1 Adopt an ordinance entitled: ORDINANCE NO. 11-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.350 AND 3.32.060 OF THE MUNICIPAL CODE REGARDING BID PROTEST PROCEDURES AND AMENDING SECTIONS 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION OF PUBLIC PROJECTS 5 ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ****************** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 11-01 Resolution: No. CSD 11-09 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, 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-minute time limit for each speaker. CSD CONSENT CALENDAR 13 Action Minutes RECOMMENDATION: 13.1 Approve the action minutes of July 12, 2011. 14 Award of a Construction Contract for the Margarita Road Right -of -Way Enhancements — Project No. PW10-04 RECOMMENDATION: 14.1 Award the construction contract for the Margarita Road Right -of -Way Enhancement — Project No. PW10-04, to KASA Construction, Inc. in the amount of $218,880; 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $21,888 which is equal to 10% of the contract amount; 14.3 Make a finding that the Margarita Road Right -of -Way Enhancement Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 7 CSD DEPARTMENTAL REPORT 15 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, August 9, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 8 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 11-01 Resolution: No. RDA 11-09 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. RDA CONSENT CALENDAR 16 Action Minutes RECOMMENDATION: 16.1 Approve the action minutes of July 12, 2011. RDA DEPARTMENTAL REPORT 17 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, August 9, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 9 TEMECULA HOUSING AUTHORITY MEETING - no meeting 10 TEMECULA PUBLIC FINANCING AUTHORITY Next in Order: Ordinance: No. TPFA 11-01 Resolution: No. TPFA 11-06 CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington Roberts TPFA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. TPFA CONSENT CALENDAR 18 Action Minutes RECOMMENDATION: 18.1 Approve the action minutes of June 14, 2011. 19 Authorization of Special Tax Levy in Community Facilities District No. 03-1 (Crowne Hill) RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) 20 Authorization of Special Tax Levy in Community Facilities District No. 01-2 (Harveston) RECOMMENDATION: 20.1 Adopt a resolution entitled: 11 RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) 21 Authorization of Special Tax Levy in Community Facilities District No. 03-6 (Harveston RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-6 (HARVESTON II) 22 Authorization of Special Tax Levy in Community Facilities District No. 03-2 (Roripauqh Ranch) RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-2 (RORIPAUGH RANCH) 23 Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek) RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT 12 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 24 Amendment to CaIPERS Contract RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 24.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 24.3 Certify PERS Form CON -12, Certification of Governing Body's Action; 24.4 Certify PERS Form CON -30, Certification of Compliance with Government Code Section 20475. DEPARTMENTAL REPORTS 25 City Council Travel/Conference Report - June 2011 26 Planning Department Monthly Report 27 Public Works Department Monthly Report 28 Police Department Monthly Report 13 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, August 9, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (41000 Main Street, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website — www.cityoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951-694-6444. 14 CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JULY 12, 2011 — 7:00 PM 6:00 P.M. — The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a plaintiff. The title of the litigation is People of the State of California and City of Temecula v. Cooperative Patient Services, Inc., et. al., Riverside County Superior Court Case No. RIC 1103777, Fourth District Court of Appeal No. E053310. 2) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a plaintiff. The title of the litigation is City of Temecula, et. al. v. Tovey/Shultz Construction, Inc., et. al., Riverside County Superior Court Case No. RIC 541908 (Old Town Community Theater construction litigation). 3) The City Council will discuss potential candidates for appointment to the position of City Manager pursuant to Government Code Section 54957. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:00 P.M., Mayor Roberts called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Roberts Prelude Music: Leon Palaganas Invocation: Pastor Tiffany Baker of The Empowerment Center Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts Action Minutes1071211 1 PRESENTATIONS/PROCLAMATIONS Certificate of Achievement for Eagle Scout Daniel Duvall Presentation to Roy Paulson who was honored as "Exporter of the Year" Presentation to David Estrada and Local Businesses PUBLIC COMMENTS The following individuals addressed the City Council: • George DiLeo • Diana Serafin • Patrice Lynes • Christopher Bieber • Donald Lambert CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of June 28, 2011. 3 List of Demands — Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: Action Minutes\071211 2 RESOLUTION NO. 11-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of May 31, 2011 — Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of May 31, 2011. 5 Acceptance of certain Public Streets into the City -Maintained System within Tract Map Nos. 30264-3, -4, -7, -9, -10, -14, -15, -F (located southeasterly of the intersection of Pechanga Parkway and Wolf Valley Road within the Wolf Creek Subdivision) — Approved Staff Recommendation (4-0-1) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Council Member Naggar who abstained. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 11-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED SYSTEM (WITHIN TRACT NOS. 30264 -3, -4, -7, -9, -10, -14, -15, -F) 6 Amendment to Annual Agreement for Citywide Street Name Signs for fiscal year 2011- 12 — Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve an amendment to the annual agreement with Main Street Signs in the amount of $75,000 for fiscal year 2011-12. 7 Amendment to the Annual Purchase Agreement for the purchase of Asphalt Products for fiscal year 2011-12 — Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the amendment to the purchase agreement with CalMat (dba Vulcan Materials Company) in the amount of $100,000 for fiscal year 2011-12. Action Minutes\071211 3 8 Amendments to Annual Agreements for various services required by the Public Works Maintenance Division for fiscal year 2011-12 — Approved Staff Recommendation (5-0- 0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Approve the following amendments to annual agreements in the amounts stated for fiscal year 2011-12 for routine street maintenance and emergency services for various Maintenance Division needs. General Engineering Contractor Services: Del Rio Enterprise Ryan Monteleone Excavation, Inc. $ 50,000 $ 200,000 Vehicle Maintenance: Altec Industries, Inc. $ 30,000 9 Approval of a Minor Maintenance Agreement for Annual Tree Trimming and Maintenance Services — Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Approve a Minor Maintenance Agreement for the Annual Tree Trimming and Maintenance Services with West Coast Arborists, Inc. for $200,000 annually and authorize the Mayor to execute the agreement; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $20,000 annually which is equal to 10% of the contract amount. 10 Settlement of Eminent Domain Proceeding: Litigation City of Temecula v. Borchard- Temecula, L.P., et at (Riverside County Superior Court Case No. 519298) for the Pechanga Parkway Storm Drain Improvements — Environmental Mitigation (Project No. PW 99-11 EM) — Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the following document, substantially in the form attached: Stipulation for Entry of Final Judgment in Condemnation and Final Order of Condemnation and for Withdrawal of Funds on Deposit Submitted by Plaintiff City of Temecula and Defendant Borchard-Temecula, L.P.; 10.2 Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition; Action Minutes\071211 4 10.3 Authorize the Finance Director to issue a warrant for the sum of $20,558 payable to Borchard-Temecula, L.P. pursuant to the attached Stipulation for Entry of Final Judgment and Final Order of Condemnation; 10.4 Authorize the Finance Director to issue a warrant in an amount not to exceed $10,000 to the State of California for litigation fees and costs, if any, ordered by the Superior Court for dismissal of a defendant pursuant to Code of Civil Procedure Section 1268.610. 11 Second Reading of Ordinance No. 11-03 — Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 11-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE (LONG RANGE PLANNING PROJECT NO. LR11-0002) At 7:50 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 7:53 P.M., the City Council resumed with regular business. PUBLIC HEARING 15 Weed Abatement Lien Resolution for fiscal year 2010-11 — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards and electronic vote reflected unanimous approval. RECOMMENDATION 15.1 Adopt a resolution entitled: Action Minutes\071211 5 RESOLUTION NO. 11-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2010-2011 Building Official Rich Johnston presented the staff report (as per agenda material). There being no public comments, the public hearing was closed. CITY COUNCIL BUSINESS 16 Increase in the Informal Bid Limit and Protest Procedures — Approve Staff Recommendation 16.1 as amended, with the elimination of protest fee. (4-0-1) Council Member Naggar made the motion; it was seconded by Mayor Roberts and electronic vote reflected approval with the exception of Council Member Comerchero who voted no. RECOMMENDATION: 16.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.350 AND 3.32.060 OF THE MUNICIPAL CODE REGARDING BID PROTEST PROCEDURES AND AMENDING SECTIONS 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION OF PUBLIC PROJECTS Motion was made to direct the Finance Department to bring back a report 12 months after adoption of Ordinance No. 11-05, detailing protests filed and costs associated with these protests. (5-0-0) Council Member Edwards made the motion; it was seconded by Council Member Naggar; and electronic vote reflected unanimous approval. 16.2 Adopt a resolution entitled: - NOT ADOPTED RESOLUTION NO. 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE PROTEST FEE SCHEDULE FOR PROTESTS RELATING TO PURCHASING CONTRACTS AND PUBLIC WORKS CONTRACTS Fiscal Services Manager Robert Cardenas provided an overview of the staff report (as per agenda material). Action Minutes1071211 6 CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were no reportable actions ADJOURNMENT At 8:45 P.M., the City Council meeting was formally adjourned to Tuesday, July 26, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes\071211 7 Item No. 3 Approvals City Attorney Director of Finance City ManagerOCL ffile-r. fie. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 26, 2011 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jill Dickey, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- 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. 11- 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 $6,123,221.09. 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 26th day of July, 2011. Ron Roberts, 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. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of July, 2011, 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 07/07/2011 TOTAL CHECK RUN $ 2,912,848.61 07/14/2011 TOTAL CHECK RUN 2,746,569.77 07/07/2011 TOTAL PAYROLL RUN: 463,802.71 TOTAL LIST OF DEMANDS FOR 07/26/2011 COUNCIL MEETING: $ 6,123,221.09 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 3,995,797.80 130 RECOVERY ACT JAG FUNDING 6,240.17 165 AFFORDABLE HOUSING 25,912.34 190 TEMECULA COMMUNITY SERVICES DISTRICT 438,544.98 192 TCSD SERVICE LEVEL B 77,371.92 194 TCSD SERVICE LEVEL D 1,172.70 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 20,653.35 197 TEMECULA LIBRARY FUND 4,631.04 210 CAPITAL IMPROVEMENT PROJECTS FUND 94,493.42 280 REDEVELOPMENT AGENCY - CIP PROJECT 12,465.60 300 INSURANCE FUND 1,623.83 320 INFORMATION TECHNOLOGY 63,790.81 330 SUPPORT SERVICES 12,179.67 340 FACILITIES 34,282.82 477 CFD- RORIPAUGH 753,449.66 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,382.09 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,490.71 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 5,605.93 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 227.41 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,438.53 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,351.22 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 617.79 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 5,550.62 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 74.19 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 288.28 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 63.77 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,433.77 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 2,639.47 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 516.91 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 561.73 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 894.76 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 75.36 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 3,859.51 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 6,237.47 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 19,179.34 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 14,278.99 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 193.29 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 501.12 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 7,700.65 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 5,948.45 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 78.53 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 325.20 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 27,837.88 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 126.00 700 CERBT CALIFORNIA EE RETIREE-GASB45 4,329.30 $ 5,659,418.38 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 238,097.25 165 AFFORDABLE HOUSING 10,241.61 190 TEMECULA COMMUNITY SERVICES DISTRICT 136,620.84 192 TCSD SERVICE LEVEL B 394.54 194 TCSD SERVICE LEVEL D 1,585.62 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,037.88 197 TEMECULA LIBRARY FUND 1,275.05 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,711.15 300 INSURANCE FUND 1,332.46 320 INFORMATION TECHNOLOGY 24,561.81 330 SUPPORT SERVICES 7,137.95 340 FACILITIES 11,361.57 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 89.82 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 60.21 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 71.26 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 13.06 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 144.98 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 26.42 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 37.19 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 246.14 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.95 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 11.17 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.86 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 164.20 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 34.92 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 20.08 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 17.64 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 41.06 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.33 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 152.34 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 81.33 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 220.54 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 373.51 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 9.26 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.80 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 210.04 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 67.76 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.02 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.80 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 309.74 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5.43 700 CERBT CALIFORNIA EE RETIREE-GASB45 21,002.12 463,802.71 TOTAL BY FUND: $ 6,123,221.09 apChkLst Final Check List Page: 1 07)07/2011 4:54:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1730 07/07/2011 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 1731 07/07/2011 000245 PERS - HEALTH INSUR Blue Shield HMO Payment 0.00 PREMIUM PERS Health Admin Cost Payment 81,332.92 81,332.92 1732 07/07/2011 000444 INSTATAX (EDD) State Disability Ins Payment 24,718.51 24,718.51 1733 07/07/2011 000283 INSTATAX (IRS) Federal Income Taxes Payment 87,138.86 87,138.86 1734 07/07/2011 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 5,705.42 5,705.42 SOLUTION 1735 07/07/2011 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 15,022.96 15,022.96 SOLUTION 1736 07/07/2011 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 137,077.04 137,077.04 RETIREMENT) 1737 07/07/2011 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 8,752.89 Child Care Reimbursement Payment 0.00 8,752.89 1738 07/10/2011 005460 U S BANK CFD 03-02 Roripaugh Debt Srvc Pmt 753,449.66 753,449.66 146498 07/07/2011 003552 AF LAC AFLAC Cancer Payment 3,137.01 3,137.01 146499 07/07/2011 008698 ADVANCED APPLIED Eng design: park & ride: PW06-09 1,145.00 1,145.00 ENGINEERING 146500 07/07/2011 014170 AHERN RENTALS INC equip purch:flatbed trailer 10,325.81 10,325.81 146501 07/07/2011 009374 ALLEGRO MUSICAL VENTURES Piano tuning & repair:Theater 170.00 170.00 146502 07/07/2011 000936 AMERICAN RED CROSS Red Cross certificates:aquatics prgm 544.00 544.00 146503 07/07/2011 002187 ANIMAL FRIENDS OF THE May Animal sheltering services 10,625.00 VALLEYS May Animal control services 10,000.00 20,625.00 146504 07/07/2011 014298 ASISTIO, CHARLENE refund:cancellation:tiny tots:CRC 51.20 51.20 146505 07/07/2011 011666 B P S TACTICAL INC ballistic vest cover:PD Dep Biondi 277.31 277.31 Pagel apChkLst Final Check List Page: 2 07)07/2011 4:54:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 146506 07/07/2011 011954 BAKER & TAYLOR INC COLLECTIONS: TEMECULA PUBLIC LIBRARY 146507 07/07/2011 013684 BLUE SHIELD OF CALIFORNIA 146508 07/07/2011 013475 BONINO, STEPHEN 146509 07/07/2011 005116 CALIF DEPT OF STATE CONTROLLER 146510 07/07/2011 007843 CALVARY CHAPEL BIBLE 146511 07/07/2011 000137 CHEVRON AND TEXACO 146512 07/07/2011 012578 COLLINS, JOHN 146513 07/07/2011 004405 COMMUNITY HEALTH CHARITIES 146514 07/07/2011 002945 CONSOLIDATED ELECTRICAL DIST. 146515 07/07/2011 001264 COSTCO WHOLESALE 146516 07/07/2011 014296 COYLE, ERICA 146517 07/07/2011 003986 COZAD & FOX INC 146518 07/07/2011 013347 D & W CONSULTING, INC. COBRA SUBSIDY MEDICAL COVERAGE PMT 07/11 entertain:summer concert: the trip 7/14 7/1/10 - 6/30/11 State: Confirm Taxes refund:sec dep:picnic:rr sports pk June City vehicles fuel Entertainment:OT holiday 12/12/08 Community Health Charities Payment electrical supplies: var park sites 419.23 419.23 978.89 978.89 1.200.00 1,200.00 100.00 100.00 150.00 150.00 435.91 435.91 200.00 200.00 62.00 62.00 11.69 electrical supplies:Old Town 376.87 electrical supplies:Theater 319.73 electrical supplies:Senior Center 87.70 electrical supplies:citywide 206.90 electrical supplies:Tour Museum 30.45 electrical supplies:Tour Museum 38.06 electrical supplies:Senior Center 119.08 electrical supplies:Senior Center 69.33 electrical supplies:citywide 837.92 MSC SUPPLIES FOR INFO TECH refund:sec dep:picnic:margarita comm pk surveying svcs:PW CIP Div consulting svcs:GIS parcel data 146519 07/07/2011 013874 D D OFFICE PRODUCTS, INC copy paper: Central Services 2,097.73 187.62 187.62 150.00 150.00 3,080.00 3,080.00 3,650.00 3,650.00 7,895.46 7,895.46 Page2 apChkLst Final Check List Page: 3 07)07/2011 4:54:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description Amount Paid Check Total 146520 07/07/2011 004222 DIAMONDBACK FIRE & AMKUS AMK-22 cutter: FS#84 6.797.06 6.797.06 RESCUE, INC 146521 07/07/2011 014301 DUNAMIX DANCE PROJECT Theatersttlemnt:Praise...Dancing 7/1-3 3500.60 3,500.60 146522 07/07/2011 005115 ENTERPRISE RENTA CAR INC Van rental:teen camp excursions 123.29 Van rental:teen camp excursions 123.29 246.58 146523 07/07/2011 011203 ENVIRONMENTAL CLEANING Janitorial svcs:park site restrooms 5,315.00 5,315.00 146524 07/07/2011 001056 EXCEL LANDSCAPE May Irrig repair/maint: PBSP 145.66 June Irrig repair/maint: sports park 411.97 Ldscp maint & repair: Redhawk park 1,105.00 Apr Irrig repair/maint: Veterans Park 276.39 May !Mg repair/maint: Kent Park 329.02 APR IRRIG REPAIR/MAINT: VAIL RANCH 149.27 June Irrig repair/maint: medians 201.58 May Irrig repair/maint: sports park 178.83 Apr Irrig repair/maint: Riverton Park 177.23 Apr Irrig repair/maint: Sports Park 245.73 APR IRRIG REPAIRS/MAINT: VAIL RANCh 239.25 IRRIG REPAIR/MAINT: HARVESTON 100.40 Lndscape maint/repair: Crowne Hill 13,110.00 Ldscp maint/repair:rancho highlands 2,970.00 Ldscp maint srvcs: Wolf Creek 15,413.00 35,053.33 146525 07/07/2011 000166 FIRST AMERICAN TITLE TITLE SVC:FACADE IMPROV 8,000.00 8,000.00 COMPANY PRGM:STERBENK, J 146526 07/07/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 241.22 241.22 146527 07/07/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 146528 07/07/2011 013552 GANDS PRODUCTIONS LLC sttlement:Country...Merc7/2 590.25 590.25 146529 07/07/2011 003792 GRAINGER Emergency Supplies: Fire 279.84 Emergency Supplies: Fire 649.09 928.93 146530 07/07/2011 003299 HAYES, BARNEY Entertainment: Hot Summer Nights 7/8 400.00 400.00 146531 07/07/2011 002109 HD SUPPLY CONSTR. SUPPLY MISC SUPPLIES:PW MAINT DIV 1,224.25 LTD MISC SUPPLIES:PW MAINT DIV 491.55 MISC SUPPLIES:PW MAINT DIV 1,100.37 2,816.17 PageB apChkLst Final Check List Page: 4 07/07/2011 4:54:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description Amount Paid Check Total 146532 07/07/2011 001135 HEALTHPOINTE MEDICAL Emp industrial care srvcs:HR GROUP INC 146533 07/07/2011 002701 HUB INT'L INSURANCE June 2011 special events premiums SERVCS INC 146534 07/07/2011 000194 I C M A RETIREMENT -PLAN I CMA Retirement Trust 457 Payment 303355 146535 07/07/2011 001123 INDUSTRIAL DISTRIBUTION MAINT SUPPLIES: PW MAINT GROUP 146536 07/07/2011 013420 INGRAM LIBRARY SERVICES COLLECTION: TEMECULA PUBLIC INC LIBRARY 146537 07/07/2011 001407 INTER VALLEY POOL SUPPLY pool santizing chemicals:TES Pool INC 146538 07/07/2011 003571 INTL ASSN OF PLUMBING AND 7/1-6/30/12 Mbrshp #91674:Johnston 146539 07/07/2011 014185 J FRANCIS MILEY Photography svcs:parks PHOTOGRAPHY 146540 07/07/2011 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 146541 07/07/2011 014044 JACOBS, W. PETER entertain:summer concert series 7/15 entertain:summer concert series 7/15 146542 07/07/2011 011622 JOHNSON, ROBERT C computer loan prgm 146543 07/07/2011 006750 KB HOME COASTAL, INC. refund:photovoltaic sys removed: bldg 146544 07/07/2011 014264 KERRN, FENINA, R. drill open safes:PD:TE111420154 146545 07/07/2011 004024 KOCH HEATING & AIR Res Impry prgm: Cappellia, Helen CONDITION 146546 07/07/2011 000209 L & M FERTILIZER INC MISC PARTS & SUPPLIES:PW MAINT DIV 146547 07/07/2011 013797 LA JOLLA BOOKING AGENCY entertainment:summer concert 6/30 146548 07/07/2011 013769 LIGHTSQUARED LP June satellite phone svc:CM/Fire 125.00 125.00 414.20 414.20 5.743.70 5.743.70 298.81 298.81 188.35 188.35 557.13 557.13 250.00 250.00 700.00 700.00 160.00 160.00 2,000.00 3,500.00 5,500.00 2,000.00 2,000.00 161.00 161.00 2,165.00 2,165.00 5,500.00 5,500.00 84.36 84.36 1,200.00 1,200.00 147.50 147.50 Page4 apChkLst Final Check List Page: 5 07)07/2011 4:54:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 146549 07/07/2011 005090 LOS RANCHITOS HOME, Property dues: AP N 922-140-010 25.00 OWNERS ASSOC. Property dues: APN 922-190-035 25.00 50.00 146550 07/07/2011 014228 LSK, LLC refund:city project:no fees due for 478.80 478.80 146551 07/07/2011 013686 M T I TECH PRODUCTS INC toner cartridges: info tech 320.81 320.81 146552 07/07/2011 003782 MAIN STREET SIGNS MISC SIGNS:PW MAINTENANCE 7,718.26 7,718.26 146553 07/07/2011 013639 MASTER MUSICIAN, THE refund:1 hr rental:library 70.00 70.00 146554 07/07/2011 006571 MELODY'S AD WORKS INC. Reimbursements:old town mktg 181.37 181.37 146555 07/07/2011 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment 7,279.63 7,279.63 COMPANY 146556 07/07/2011 014176 MINKO, THERESA Entertainer:family fun/movie in the park 250.00 250.00 146557 07/07/2011 000973 MIRACLE RECREATION playground equip: Wnchstr Crk Prk 3,646.35 3,646.35 EQUIPMENT 146558 07/07/2011 004522 MULLIGANS FAMILY FUN EXCURSION: SUMMER DAY CAMP 6/23 1,769.19 1,769.19 CENTER 146559 07/07/2011 009443 MUNYON, DENNIS G. Jul -Sept '11 lease pmt:O.T. Prkg Lot 2,375.00 2,375.00 146560 07/07/2011 004238 MURRIETA, CITY OF Jul -Aug clean energy ad:Econ Dev 250.00 250.00 146561 07/07/2011 010244 NO LIMITS SILK SCREEN Lifeguard uniforms: Aquatics 2,872.10 2,872.10 146562 07/07/2011 002139 NORTH COUNTY TIMES 7/18/11-7/17/12 subscr:PW xx93072 144.00 144.00 146563 07/07/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 134.45 City Vehicle Maint Svcs:TCSD 156.04 City Vehicle Maint Svcs:TCSD 150.16 City Vehicle Maint Svcs:TCSD 36.57 City Vehicle Maint Svcs:TCSD 901.32 City Vehicle Maint Svcs:TCSD 284.88 City Vehicle Maint Svcs:TCSD 610.90 2,274.32 146564 07/07/2011 014144 OLPIN GROUP Cabinets for Central Services Mailroom 4,383.13 4,383.13 Pages apChkLst Final Check List Page: 6 07)07/2011 4:54:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check# Date Vendor (Continued) Description Amount Paid Check Total 146565 07/07/2011 012833 PC MALL GOV, INC. Software purch:info tech 1.740.00 1.740.00 146566 07/07/2011 002331 PEP BOYS INC VEHICLE REPAIR & MAINT:PW MAINT 1.943.09 1.943.09 146567 07/07/2011 002498 PETRA GEOTECHNICAL INC GEOTECH SRVCS:REDHAWK PARK 1,090.00 IMPRV May geotech srvcs:R.C.Rd @ Yukon 735.00 1,825.00 146568 07/07/2011 000249 PETTY CASH Petty Cash Reimbursement 243.74 243.74 146569 07/07/2011 010338 POOL & ELECTRICAL Misc pool supplies:aquatics pgrm 140.72 140.72 PRODUCTS INC 146570 07/07/2011 002185 POSTMASTER std mail permit #5: Central Srvcs 190.00 190.00 146571 07/07/2011 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment 324.85 324.85 INC 146572 07/07/2011 013725 PROCRAFT INC Bay garage door replacement: Sta 73 20,269.00 20,269.00 146573 07/07/2011 002612 RADIO SHACK INC Misc supplies: info tech 94.55 94.55 146574 07/07/2011 002176 RANCHO CALIF BUS PK ASSOC Jul -Sep assn dues:City Hall 1,273.98 Jul -Sep ascii dues:FOC 1,051.03 Jul -Sep assn dues:Diaz Rd 1,159.32 3,484.33 146575 07/07/2011 000947 RANCHO REPROGRAPHICS Reprographic srvs:pavement rehab 19.58 19.58 146576 07/07/2011 011853 RANCON COMMERCE CNTR Jul -Sep assn dues:Fire Stn 73 546.32 546.32 PH2,3&4 146577 07/07/2011 004584 REGENCY LIGHTING Misc electrical supplies:civic center 265.83 Misc electrical supplies:var parks 1,053.53 1,319.36 146578 07/07/2011 002110 RENTAL SERVICE Equipment rental:PW Maint 40.43 CORPORATION Equipment rental:PW Maint 38.28 Equipment rental:PW Maint 35.78 114.49 146579 07/07/2011 001592 RIVERSIDE CO INFO Jun rental radios: parkrngrs/police 1,670.57 TECHNOLOGY May rental radios: park rngrs/police 1,670.57 3,341.14 146580 07/07/2011 000406 RIVERSIDE CO SHERIFFS 3/10-4/6 law enforcement 1,537,114.04 1,537,114.04 DEPT Pages apChkLst Final Check List Page: 7 07!0712011 4:54:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date 146581 07/07/2011 146582 07/07/2011 146583 07/07/2011 146584 07/07/2011 146585 07/07/2011 146586 07/07/2011 146587 07/07/2011 146588 07/07/2011 146589 07/07/2011 146590 07/07/2011 146591 07/07/2011 146592 07/07/2011 Vendor 007582 SAFEGUARD DENTAL & VISION 014297 SALDANA, PATRICIA 007345 SAN DIEGO STATE U FOUNDATION 006554 SHAFFER, FRED 008529 SHERIFF'S CIVIL DIV - CENTRAL 008529 SHERIFF'S CIVIL DIV - CENTRAL 008529 SHERIFF'S CIVIL DIV - CENTRAL 008529 SHERIFF'S CIVIL DIV - CENTRAL 009213 SHERRY BERRY MUSIC 000645 SMART & FINAL INC 002503 SOUTH COAST AIR QUALITY 002503 SOUTH COAST AIR QUALITY 146593 07/07/2011 014303 SOUTHWEST RECORDS, LLC 146597 07/07/2011 007762 STANDARD INSURANCE COMPANY 146598 07/07/2011 012723 STANDARD INSURANCE COMPANY 146599 07/07/2011 014266 SWITZER, WESLEY COLE (Continued) Description Amount Paid Check Total SafeGuard Vision Plan Payment refund:sec dep:CRC 5/1/11-4/30/12 tower lease:info tech Entertainment: Hot Summer Nights 7/8 SUPPORT PAYMENT SUPPORT PAYMENT SUPPORT PAYMENT SUPPORT PAYMENT FY11/12 Jazz @ Merc artist procurement Jazz @ the Merc 6/30/11 rental:Jazz @ the Mere 6/30/11 Misc supplies: summer day camp FY 11112 emissions fee: Library Ann'I operating fee: Library FY 10111 AQMD fee: FOC FY 10/11 AQMD fee: Civic Center FY 10/11 AQMD fee: City Hall FY 10111 AQMD fee: CRC FY 10/11 AQMD fee: Library Performance: Hot Summer Nights 7/8 Mandatory Life Insurance Payment Voluntary Supp Life Insurance Payment Performance: Hot Summer Nights 7/8 732.44 150.00 6,029.44 500.00 368.30 200.00 100.00 100.00 6,000.00 739.00 -215.00 450.75 112.85 303.56 112.31 112.31 112.31 112.31 112.31 250.00 9,072.60 740.80 732.44 150.00 6,029.44 500.00 368.30 200.00 100.00 100.00 6,524.00 450.75 416.41 561.55 250.00 9,072.60 740.80 500.00 500.00 Page:7 apChkLst Final Check Lisf Page: 8 07)07/2011 4:54:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check Date Vendor 146600 07/07/2011 000305 TARGET BANK BUS CARD SRVCS (Continued) Description Amount Paid Check Total Misc supplies:Sister City Pgrm 157.42 Misc supplies:4th of July supplies 178.48 Misc supplies:Summer Day Camp 33.02 Misc supplies:Summer Day Camp 42.37 MISC SUPPLIES:CLASSES &ACTIVITIES 58.83 470.12 146601 07/07/2011 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,817.00 4,817.00 146602 07/07/2011 012265 TEMECULA ACE HARDWARE hardware supplies:var park sites 105.52 C10 hardware supplies:var park sites 615.44 720.96 146603 07/07/2011 013335 TEMECULA ACE HARDWARE Misc supplies: Fire Prevention 896.95 896.95 INC 146604 07/07/2011 010679 TEMECULA AUTO Vehicle maint: Fire Prev 458.24 458.24 REPAIR/RADIATOR 146605 07/07/2011 003677 TEMECULA MOTORSPORTS MOTORCYCLE REPAIR & 58.46 58.46 LLC MAINT:POLICE 146606 07/07/2011 007340 TEMECULA VALLEY FIRE Fire extinguisher srvcs: TCC 280.50 280.50 EQUIP. CO 146607 07/07/2011 000306 TEMECULA VALLEY PIPE & Irrigation/plumbing supplies:var parks 44.45 SUPPLY Irrigation/plumbing supplies:var parks Plumbing supplies:var park sites Plumbing supplies: CRC Plumbing supplies: Aquatics 348.83 518.87 776.03 355.40 2,043.58 146608 07/07/2011 005970 TEMECULA VALLEY PLAYERS Rental:Sylvia 6/11 -6,226.58 "Sylvia production" 06/11 10,723.00 4,496.42 146609 07/07/2011 003941 TEMECULA WINNELSON Plumbing supplies: library 441.46 441.46 COMPANY 146610 07/07/2011 000325 UNITED WAY United Way Charities Payment 63.00 63.00 146611 07/07/2011 014304 VANLANDINGHAM, WILLIAM refund:lost mat:library 25.93 25.93 146612 07/07/2011 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:FOC 176.52 176.52 146613 07/07/2011 010637 WESTERN CENTER Excursion: Smr Explorers Camp 7/15 84.00 84.00 COMMUNITY 146614 07/07/2011 004567 WITCHER ELECTRIC Rehab & repair:tms ballfield 4,080.00 4,080.00 Pages apChkLst Final Check List Page: 9 07/07/2011 4:54:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146615 07/07/2011 006290 WOODCREST VEHICLE Install pre-emption:police CENTER 312.94 312.94 Grand total for UNION BANK OF CALIFORNIA: 2,912,848.61 Page9 apChkLst Final Check List Page: 10 07/07/2011 4:54:55PM CITY OF TEMECULA 124 checks in this report. Grand Total All Checks. 2,912,848.61 Pagel 0 apChkLst 07/14/2011 2:41 :49PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 146616 07/14/2011 004973 ABACHERLI, LINDI 146617 07/14/2011 002733 ALBAO, NANCY, F 146618 07/14/2011 009787 ALTEC INDUSTRIES INC 146619 07/14/2011 013950 AQUA CHILL OF SAN DIEGO 146620 07/14/2011 012834 AUDIO ADDICTION INC 146621 07/14/2011 011954 BAKER & TAYLOR INC 146622 07/14/2011 014293 BIBLIOTHECA ITG, LLC 146623 07/14/2011 004040 BIG FOOT GRAPHICS 146624 07/14/2011 004262 BIO-TOX LABORATORIES 146625 07/14/2011 011421 BRODART COMPANY 146626 07/14/2011 006908 C C & COMPANY INC 146627 07/14/2011 003138 CAL MAT 146628 07/14/2011 010939 CALIF DEPT OF INDUSTRIAL 146629 07/14/2011 014316 CALLAHAN, JENNIFER Description TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Veh repair & maint:PW & csd DRINKING WATER SYSTEM:CIVIC CENTER - Amount Paid Check Total INSTALL BLUETOOTH: FIRE VEHICLES COLLECTIONS: TEMECULA PUBLIC LIBRARY 5/12-6/11 annual maint bin TCSD instructor earnings DUI & drug screenings: Police DUI & drug screenings: Police DUI & drug screenings: Police Shelving: library- entertainment:Face Painting 7/7,14 entertainment:Face Painting 7/15 Asphalt:citywide street repairs:PW Asphalt:citywide street repairs:PW Annual audit & oper inspection:CRC reimb:FAM-A very merry unbirthday 146630 07/14/2011 004971 CANON FINANCIAL SERVICES, June Copier lease agreemnt:Fire INC 146631 07/14/2011 004931 CHICAGO TITLE COMPANY apn 945-030-006 Prelim title reportPW 146632 07/14/2011 003534 CLOUD PRODUCTIONS 720.00 84.00 87.50 4,136.75 122.89 95.00 86.02 18, 384.00 672.00 1,131.00 1,155.50 480.76 244.76 500.00 250.00 409.68 790.64 390.00 111.84 182.55 500.00 720.00 171.50 4,136.75 122.89 95.00 86.02 18,384.00 672.00 2,767.26 244.76 750.00 1,200.32 390.00 111.84 182.55 500.00 Entertainment:hot summer nights 7/8 600.00 600.00 Page:1 apChkLst Final Check List Page: 2 07/14/2011 2:41:49PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146633 07/14/2011 001393 DATA TICKET, INC. 6/22/11 Pmt mistakenly applied:prkg cite 65.00 65.00 146634 07/14/2011 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 1,330.00 1,330.00 146635 07/14/2011 003945 DIAMOND ENVIRONMENTAL 4/8 Restroom svc:citywide cleanup 44.88 44.88 SRVCS 146636 07/14/2011 004192 DOWNS COMMERCIAL June Fuel for City vehicles:B&S 519.12 FUELING INC June Fuel for City veh:PW Indv/npdes/i 252.65 June Fuel for City vehicles:PW Traffic 487.57 June Fuel for City veh:Ping/Code Enf 590.21 June Fuel for City vehicles:PW 153.36 June Fuel for City vehicles:PW Maint 1,325.09 June Fuel for City vehicles:CRC 148.50 June Fuel for City vehicles:TCSD 2,471.58 June Fuel for City vehicles:Police 109.91 6,057.99 146637 07/14/2011 002390 EASTERN MUNICIPAL WATER June 95366-02 Diego Dr Ldscp 55.72 55.72 DIST 146638 07/14/2011 008704 EDWARDS, MARYANN Reimb: NLC Conf Wash D.C. 3/11-16 48.38 48.38 146640 07/14/2011 001056 EXCEL LANDSCAPE Ldscp maint/repairs:rancho highlands- 3,812.00 June Landscape maint svc: FS #84 8,885.54 June Lndscp maint svcs:south slopes 34,844.87 Lndscp maint:Tem pkwy: Medians 11,075.02 Ldscp maint/repairs:rancho highlands- 581.40 Ldscp maint/repairs:rancho highlands- 774.00 Ldscp maint svcs:Murr creek trail 2,789.25 June Lndscp maint svcs:north slopes 19,749.97 Ldscp maint/repairs:rancho highlands- 4,220.00 Ldscp maint:Margarita park 5,610.00 Landscape maint:Harveston park 12,720.53 Lndscp maint/repair:Town Square 412.16 credit billing adj:Ldscp maint:Town -28.16 June Ldscp maint svcs: Parks 47,825.10 June Ldscp maint svcs:Sports parks 50,935.88 June Lndscp maint svcs: Medians 16,469.70 220,677.26 146641 07/14/2011 004310 FEDEX GROUND INC 5/19-6/1 Express Mail Service 240.96 240.96 Page2 apChkLst Final Check List Page: 3 07/14/2011 2:41:49PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146642 07/14/2011 003347 FIRST BANKCARD CENTER 013851 STORM SOURCE, LLC GR appointments plus: Info Tech 20.00 006952 PAYPAL GR Verisign Payflow Pro Transaction 59.95 004811 HEWLETT PACKARD GY Emerg Backup Server: Info Tech 991.61 004811 HEWLETT PACKARD GY Emerg HD for Server: Info Tech -278.94 004811 HEWLETT PACKARD GY Emerg HD for Server: Info Tech -336.19 014317 INTERCONTINENTAL KANSAS RR hotel Trans Steering Comm KC 6/2-4 293.52 CITY 006942 ONTARIO AIRPORT RR Prkg Trans Steering Comm KC 6/2-4 54.00 001256 MARRIOTT HOTEL RR htl APTA Conf Boston, MA 6/12-17 980.33 007053 LINDBERGH PARKING SAN RR prkg APTA Conf Boston, MA 6/12-17 96.00 DIEGO 006952 PAYPAL HP Verisign Payflow Pro Transaction 239.60 004530 MOVIE EXPERIENCE, THE HP tckts day camp excursion 6/16 1,309.00 007489 SIX FLAGS MAGIC MOUNTAIN HP TCSD excursion: Teen Prgm 1,040.00 4,468.88 146643 07/14/2011 013552 GANDS PRODUCTIONS LLC sttlemnt:Country...Merc 7/9 371.25 371.25 146644 07/14/2011 013076 GAUDET, YVONNE M. TCSD instructor earnings 2,261.00 2,261.00 146645 07/14/2011 009608 GOLDEN VALLEY MUSIC sttlemnt:Classics at the Merc FY 11-12 10,800.00 10,800.00 SOCIETY 146646 07/14/2011 005311 H2O CERTIFIED POOL WATER June water quality & maint:fountain 175.00 SPCL. June Pool main svcs:crc & tes pools 146647 07/14/2011 006250 HAZ MAT TRANS INC Hazardous waste disposal:PW 146648 07/14/2011 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings TCSD Instructor Earnings 146649 07/14/2011 001186 IRWIN, JOHN TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 146650 07/14/2011 004884 J & W REDWOOD LUMBER CO misc supplies/Iumber:OT boardwalk INC 146651 07/14/2011 000210 LEAGUE OF CALIF CITIES Western City magazine subscr:B&S 900.00 1,075.00 6,841.38 6,841.38 4,550.00 2,646.88 7,196.88 230.30 367.50 59.50 60.20 717.50 295.37 295.37 63.00 63.00 Page:3 apChkLst Final Check List Page: 4 07/14/2011 2:41 :49PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 146652 07/14/2011 004412 LEANDER, KERRY D. Description Amount Paid Check Total TCSD instructor earnings 504.00 TCSD instructor earnings 882.00 1,386 00 146653 07/14/2011 014202 LENNAR HOMES OF refund:eng grading dep:LD06-094GR 995.00 995.00 CALIFORNIA INC 146654 07/14/2011 008257 LOYA, MARIANO Annual Bilingual Testing 7/9 280.00 280.00 146655 07/14/2011 008716 MAGEE, BILL Performance: Hot Summer Nights 7/8 650.00 650.00 146656 07/14/2011 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 840.00 TCSD Instructor Earnings 630.00 TCSD Instructor Earnings 638.75 TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 350.00 2,626.75 146657 07/14/2011 012962 MILLER, MISTY TCSD Instructor Earnings 1,102.50 1,102.50 146658 07/14/2011 012264 MIRANDA, JULIO C. TCSD Instructor Earnings 859.08 TCSD Instructor Earnings 515.44 TCSD Instructor Earnings 240.54 TCSD Instructor Earnings 190.92 TCSD Instructor Earnings 114.56 TCSD Instructor Earnings 53.46 1,974.00 146659 07/14/2011 013375 MYERS-RUSSO, ERICA TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 146660 07/14/2011 014314 NATIVIDAD L, VASQUEZ refund:viol dismissed:prkg cite 80530 126.00 138.60 268.80 201.60 132.00 72.00 320.00 1,259.00 10.00 10.00 146661 07/14/2011 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:finance dept 12.36 DIV Misc office supplies:finance dept Misc office supplies: C. Museum Misc office supplies: C. Museum Credit: items returned/PW Traffic Misc office supplies:PW Traffic Misc office supplies: Central Services Misc office supplies: Central Services 635.83 11.29 43.34 -123.76 152.24 6.45 75.19 812.94 Page:4 apChkLst Final Check List Page: 5 07/14/2011 2:41:49PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 146662 07/14/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Land Dev City Vehicle Maint Svcs:PW Traffic City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint 146663 07/14/2011 001171 ORIENTAL TRADING COMPANY Misc supplies: MPSC INC 146664 07/14/2011 013115 PETERSON NUGENT, KRISTIN TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid Check Total 253.95 367.03 80.07 187.08 153.24 1,041.37 142.39 142.39 890.40 1,774 .50 977.90 3,642.80 146665 07/14/2011 000249 PETTY CASH Petty Cash Reimbursement 460.63 Petty Cash Reimbursement 383.64 844.27 146666 07/14/2011 013578 PGK PROJECT, THE artist procurement: dance moves 7,200.00 7,200.00 146667 07/14/2011 008964 PULSIFER, JAMES Entertainment: Hot Summer Nights 7/15 750.00 750.00 146668 07/14/2011 004529 QUAID TEMECULA JUN '11 VEH REPAIR& MAINT:POLICE 810.78 810.78 HARLEY-DAVIDSON 146669 07/14/2011 001416 QUICK CRETE PRODUCTS INC 3 tables: butterfield stage park 2,981.93 2,981.93 146670 07/14/2011 014148 RABENA, FRANK, R. Entertainment: Aging summit event 6/29 400.00 400.00 146671 07/14/2011 014310 RAMOS, ALBERTO refund:sec dep:rm rental:CRC 150.00 150.00 146672 07/14/2011 000262 RANCHO CALIF WATER June water meter comm:28640 Pujol St 8.33 DISTRICT June floating meter - comm:PW 176.10 June various water meters:TCSD 3,296.02 June var water meters:TCSD & PW 2,028.99 June var water meters:TCSD svc lev C 39,758.32 June var water meters:Fire Stns 664.33 45,932.09 146673 07/14/2011 000947 RANCHO REPROGRAPHICS Reprographic services:Marg Rd 44.15 44.15 146674 07/14/2011 000907 RANCHO TEMECULA CAR Jun veh detailing srvcs: var. depts 105.00 105.00 WASH 146675 07/14/2011 009725 RAZAVI, MANDIS TCSD Instructor Earnings 171.73 TCSD Instructor Earnings 85.87 257.60 Page:5 apChkLst 07/14/2011 2:41 :49PM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 146676 07/14/2011 000271 RBF CONSULTING 146677 07/14/2011 011663 READY, MARC 146678 07/14/2011 004584 REGENCY LIGHTING 146679 07/14/2011 003591 RENES COMMERCIAL MANAGEMENT 146680 07/14/2011 000353 RIVERSIDE CO AUDITOR 146681 07/14/2011 003698 RIVERSIDE CO ECONOMIC 146682 07/14/2011 000406 RIVERSIDE CO SHERIFFS DEPT 146683 07/14/2011 000406 RIVERSIDE CO SHERIFFS DEPT 146684 07/14/2011 012251 ROTH, DONALD J. 146685 07/14/2011 000277 S & S ARTS & CRAFTS INC 146686 07/14/2011 009196 SACRAMENTO THEATRICAL LIGHTING 146687 07/14/2011 013169 SCHINSKY, WILLIAM C. 146688 07/14/2011 011511 SCUBA CENTER TEMECULA 146689 07/14/2011 009213 SHERRY BERRY MUSIC 146690 07/14/2011 011291 SIERRA PACIFIC ELECTRICAL 146691 07/14/2011 009746 SIGNS BY TOMORROW (Continued) Description APR ENG SRVCS:I-15/SR-79 ULT. INTRCHG MAY ENG SRVCS:I-15/SR-79 ULT. IN TATEMS fleet maint software:info tech Misc electrical supplies:aquatics pgrm Misc electrical supplies:civic center Misc electrical supplies :civic center Misc electrical supplies:civic center ROW clean up:citywide Jun '11 prkg citation assessments Jun real property srvcs:french vly pkwy 4/7-5/4/11:Iaw enforcement FY 10/11 Rate Adj/Law Enforcement FY 10/11 RMS/CLETS services TCSD Instructor Earnings TCSD Instructor Earnings Misc supplies:classes & activities MISC LIGHTING SUPPLIES: THEATER EXHIBIT ID & CATALOGING:WILKENSON COLLEC TCSD Instructor Earnings TCSD Instructor Earnings Jazz @ the Merc 7/7/11 Jun traffic sig install:rancho cal/yukon Ret w/h pmt:Traf SgnI-R.C./Yukon signage:classes & activities banners:4th of July events Amount Paid Check Total 18,738.84 15,237.38 167.00 146.16 313.20 155.95 198.31 2,500.00 5,684.25 2,828.70 1,511,361.21 350,932.82 149,319.00 315.00 308.00 1,042.66 183.57 977.50 420.00 98.00 561.00 29,625.80 -2,962.58 166.54 33,976.22 167.00 813.62 2,500.00 5,684.25 2,828.70 1,862,294.03 149,319.00 623.00 1,042.66 183.57 977.50 518.00 561.00 26,663.22 667.67 834.21 Page:6 apChkLst Final Check List Page: 7 07/14/2011 2:41 :49PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 146692 07/14/2011 000645 SMART & FINAL INC Description SUPPLIES/REFRESHMENTS: AGING SUMMIT 6/29 Misc supplies:summer day camp Amount Paid Check Total 544.91 152.90 697.81 146693 07/14/2011 000537 SO CALIF EDISON June 2-30-066-2889:30051 mcho vista 24.19 June 2-02-351-5281 :CRC 8,452.09 June 2-27-805-3194:42051 Main St 5,737.34 June 2-29-657-2563:42902 Butterfield 178.43 June2-31-936-3511:46488 Pechanga 44.41 June 2-01-202-7603:var LS -1 allnite 28,163.83 June 2-05-791-8807:31587 Tem pkwy 9,815.19 June 2-29-974-7899:26953 Ynez LS -3 184.75 June 2-31-404-6020:28771 OT front st 1,921.89 June 2-30-608-9384:28582 Harveston 692.19 June 2-29-933-3831 :43230 Bus pk dr 1,933.43 June 2-20-798-3248:42081 Main St 1,839.59 June 2-00-397-5067:28684 Harveston 2,198.80 June2-31-031-2590:28301 rncho calif 33.53 June 2-29-479-2981 :31454 Tem pkwy 94.37 July 2-33-777-1950:40135 Village Rd 77.02 July 2-01-202-7330:var LS -1 allnite 77,039.62 138,430.67 146694 07/14/2011 001212 SO CALIF GAS COMPANY June 091-085-1632-0:TES pool 1,374.15 1,374.15 146695 07/14/2011 002503 SOUTH COAST AIR QUALITY FY 10/11 AQMD fee: Stn 84 112.31 112.31 146696 07/14/2011 000519 SOUTH COUNTY PEST pest control srvcs: Stn 84 80.00 CONTROL INC pest control srvcs: paseo gallante prk 94.00 pest control srvcs: duck pond 94.00 268.00 146697 07/14/2011 012652 SOUTHERN CALIFORNIA July gen usage:0141,0839,2593,9306 509.98 509.98 146698 07/14/2011 000293 STADIUM PIZZA INC Refreshments: public hearing mtg 6/22 133.54 Refreshments: public hearing mtg 6/22 205.58 Refreshments:summer day camp 480.45 REFRESHMENTS:FAM 6/27 79.09 898.66 146699 07/14/2011 008023 STATER BROTHERS MARKETS refreshments:Dinnerw/Fire Fighters Prgm 120.57 120.57 146700 07/14/2011 002366 STEAM SUPERIOR CARPET 6/27-30 carpet cleaning srvcs:FOC 120.00 CLEANING 6/20-24 carpet cleaning srvcs:FOC 300.00 420.00 146701 07/14/2011 006145 STENO SOLUTIONS Jun transcription srvcs:Palice 752.08 752.08 TRANSCRIPTION 146702 07/14/2011 001546 STRAIGHT LINE GLASS Res Impry Prgm: Diaz 469.25 Res Improv Prgm: Sanchez 1,377.85 1,847.10 Page:7 apChkLst Final Check List Page: 8 07/14/2011 2:41:49PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 146703 07/14/2011 007698 SWANK MOTIONS PICTURES, Alpha & Omega rental: Movies/Prk 7/8 INC. 146704 07/14/2011 003599 T Y LIN INTERNATIONAL 146705 07/14/2011 000305 TARGET BANK BUS CARD SRVCS 146706 07/14/2011 004209 TEMECULA SUNRISE ROTARY FOUND. 146707 07/14/2011 011736 TEMECULA TROPHY INC 146708 07/14/2011 010046 TEMECULA VALLEY CONVENTION & 146709 07/14/2011 003941 TEMECULA WINNELSON COMPANY 146710 07/14/2011 014300 THEATER 16, INC. 146711 07/14/2011 003862 THYSSENKRUPP ELEVATOR.BRNCH 37 146712 07/14/2011 010276 TIME WARNER CABLE 146713 07/14/2011 002452 TOP LINE INDUSTRIAL 146714 07/14/2011 004124 TRUELINE 146715 07/14/2011 007766 UNDERGROUND SERVICE ALERT 146716 07/14/2011 008977 VALLEY EVENTS INC 4/30-5/27 dsgn srvcs:w. bypass bridge 4/2-29 dsgn srvcs:w. bypass bridge Misc supplies:mpsc Credit:items returned/theater Misc supplies:theater Misc supplies:theater Misc supplies:sports prgm Misc supplies:sports prgm Misc supplies: theater Credit: items returned/theater Apr -Jun bus bench install & maint:PW Bronze plaque: civic center mosaic ee recognition award: 3rd qtr '11 May '11 BID asmnts admin fees May '11 Bus. Impry District Asmnts plumbing repair & maint: var. parks plumbing repair & maint: var. parks Entertainment: Hot Summer Nights 7/15 Elevator Fire Life Safety test:West Wing Elevator Fire Life Safety test:FOC July high speed intemet:30600 Pauba rd July high speed internet:42081 Main S1 July high speed internet:Fire Stn #92 Equip repair & maint:PW Maint Facility maint & repair:skate park Jun undrgmd svcs alert tickets:PW Equip rental:Age Strong, Live Long 6/29 Amount Paid Check Total 421.00 421.00 8,824.57 11, 679.11 20,503.68 52.43 -20.65 230.64 5.36 341.02 127.91 25.58 -3.45 758.84 3,000.00 3,000.00 1,664.91 66.28 1,731.19 -2,022.11 101,105.36 99,083.25 498.71 84.83 583.54 250.00 250.00 247.50 148.50 396.00 528.80 58.49 44.95 632.24 26.45 26.45 6,700.00 6,700.00 283.50 283.50 3,479.80 3,479.80 Page:8 apChkLst Final Check List Page: 9 07/14/2011 2:41:49PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146717 07/14/2011 004261 VERIZON July xxx-5180 gen usage:79S Irrig ctr 40.29 July xxx-7530 general usage:Library 367.20 July xxx-0590 gen usage:TCC Alarm 82.46 June xxx-0049 gen usage:Comerchero 36.89 June xxx-3979 gen usage:PD mall fax 1 84.76 July xxx-1341 general usage:Theater 343.45 July xxx-1941gen usage:pta cd ttacsd 36.94 July xxx-9661 general usage 40.29 July xxx-7562 gen usage:Irrig controller 39.27 July xxx-3910 gen usage:1st St Irrig 40.29 1,111.84 146718 07/14/2011 004789 VERIZON ONLINE July SW DSL:PD:Jones, C. 39.95 39.95 146719 07/14/2011 004848 VERIZON SELECT SERVICES June long distance phone svcs 14.70 14.70 INC 146720 07/14/2011 007987 WALMART Misc supplies:PW Maint/Traffic 258.56 258.56 146721 07/14/2011 001342 WAXIE SANITARY SUPPLY INC Janitorial supplies: var. parks 3,066.52 3,066.52 146722 07/14/2011 003835 WEST COAST SAFETY SUPPLY Safety equipment:PW Maint 383.00 383.00 CO. 146723 07/14/2011 014315 WOOTEN, MICHAEL refund:Tiny Tots 1040.204 136.00 136.00 146724 07/14/2011 013613 WORTHINGTON, PAULA Reimb:FAM experiments supplies 87.01 87.01 146725 07/14/2011 000348 ZIGLER, GAIL Reimb:Aging Summit Event Supplies 61.48 61.48 Grand total for UNION BANK OF CALIFORNIA: 2,746,569.77 Page:9 apChkLst Final Check List Page: 10 07/14/2011 2:41:49PM CITY OF TEMECULA 109 checks in this report. Grand Total All Checks: 2,746,569.77 Page:10 Item No. 4 Approvals City Attorney Director of Finance City Manager OCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 26, 2011 SUBJECT: City Treasurer's Statement of Investment Policy PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council adopt the Treasurer's Statement of Investment Policy which provides safety, liquidity, compliance, and yield for City funds. BACKGROUND: Prior to the 2003-04 Budget Act, California Government Code Section 53646 required the Treasurer or Chief Fiscal Officer of California local governments to render an annual statement of investment policy and quarterly reports containing specified information regarding investments and deposits to the chief executive officer and the legislative body of the local agency. These requirements were intended to provide the legislative body the ability to meet its fiduciary obligations as a trustee and to increase the exposure of the public agency's investment activities to those outside the agency. Even though local governments are no longer mandated, they are encouraged to render an annual statement of investment policy and quarterly reports. The attached Treasurer's Statement of Investment Policy conforms to the California Government Code and to the requirements and guidelines established by the California Municipal Treasurer's Association (CMTA) and the California Society of Municipal Finance Officers (CSMFO). The City of Temecula has a majority invested in the State of California Local Agency Investment Fund (LAIF). This investment is consistent with the City's investment policy that prioritizes safety and liquidity. While investing in LAIF remains a viable option for the City and provides excellent liquidity to address the City's cash flow needs, staff continues to diversify the portfolio and manage investments in an effort to maximize earnings, to protect the City during a changing economy, while preserving our principal objective of protecting the City's treasury within the parameters of prudent risk management. The attached investment policy reflects no changes from the previous policy adopted by the City Council on July 27, 2010. FISCAL IMPACT: None. ATTACHMENTS: Proposed Statement of Investment Policy CITY OF TEMECULA Investment Policy INTRODUCTION: The intent of this Investment Policy is to establish the limits within which the City's Investment Program shall be conducted. Investment goals and objectives are defined. Authorized investments and reporting requirements are identified. The City's Broker/Dealer Questionnaire is attached hereto. The monies entrusted to the City Treasurer will be referred to as the "Fund" throughout the remainder of this document. OBJECTIVES: The investment policies and practices of the City of Temecula are based upon State law and prudent money management. The primary goals of these policies include: 1. To protect the principal monies entrusted to this office. Safety of principal is the foremost objective of the City of Temecula. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the highest as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. Market risk, the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus eliminating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions — that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be considered within the context of the overall investment return. 2. To provide sufficient liquidity to meet normal operating and unexpected expenditures. The portfolio will be structured with sufficient liquidity to allow the City to meet expected cash requirements. This will be accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Since all possible cash demands cannot be anticipated, the portfolio will maintain a liquidity buffer and invest primarily in securities with active secondary and resale markets. 3. To assure compliance with all Federal, State, and Local laws governing the investment of monies under the control of the City Treasurer. The legal basis for the City's investment activities is the City of Temecula Municipal Code, Chapter 3.04, Revenue and Finance, Fiscal Provisions Generally and Government Code Sections 5922, 16429.1, 53600 to 53609, and 53630 to 53686, which include parameters for authorized investments, report of investments and investment authority. Last Revised: July, 2011 City of Temecula INVESTMENT POLICY Page 2 4. To generate a maximum amount of investment income within the parameters of prudent risk management and consistent with the above policies. The City's investment portfolio shall be designed to attain a market -average rate of return through economic cycles. The market -average rate of return is defined as the average return on three- month U.S. Treasury bills. Whenever possible, and consistent with risk limitations and prudent investment principles, the Treasurer shall seek to augment returns above the market average rate of return. The policy will also address risk management because it is such an integral part of the investment policy. To concentrate only on maximizing return would be dangerous. Therefore, policy issues will be directed to: 1) limiting the Fund's exposure to each issue and issuer of debt, and 2) determining a minimum credit requirement that firms must have in order to hold City money. SCOPE: This investment policy applies to all funds under the control of the City Treasurer, including but not limited to the general fund, special revenue funds, enterprise funds, debt service funds, capital improvement funds, trust funds and proceeds of bonds sale in the custody of the Treasurer and any other funds under his control. California Government Code Section 53601(1) permits money from bond proceeds, obligations under a lease, installment sales or other agreements to be invested in any security that meets the statutory provisions governing the issuance of the bond or other agreements made by the issuing agency. Furthermore, California Government Code Section 5922(d) provides that notwithstanding any other provision of law, proceeds of bonds and any moneys set aside and pledged to secure payment of the bonds or certain other contracts specified in Section 5922, may be invested in securities or obligations described in the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds or the contract. INVESTMENT AUTHORITY: The City of Temecula Municipal Code delegates to the City Treasurer the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping. The City Treasurer is responsible for daily management of the investment program, including: ✓ Establishing procedures for operation consistent with the investment policy. ✓ Approving daily investment transactions. ✓ Developing projections of the City's cash requirements for operating needs. ✓ Reviewing the liquidity position of the investment portfolio. ✓ Ensuring that the City's cash position is consistent with operating requirements. ✓ Preparing appropriate investment reports. ✓ Developing, implementing and monitoring controls over investments. ✓ Developing record keeping for investment transactions. The City Treasurer may delegate investment authority to qualified and competent officials and City employees such as the Finance Director, Assistant Finance Director, or Revenue Manager. All persons authorized to make investment decisions on behalf of the City are trustees of the public funds and therefore fiduciaries subject to the following prudent investor standard as defined in California Government Code Section 53600.3: Last Revised: July, 2011 City of Temecula INVESTMENT POLICY Page 3 When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. SAFEKEEPING OF SECURITIES: To protect against potential losses by collapse of individual securities dealers, all securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures (i.e., the City's safekeeping agent will only release payment for a security after the security has been properly delivered). This section is intended to comply with Government Code Sections 53601 and 53608. REPORTING: The City Treasurer shall render a monthly report to the City Manager and City Council showing the type of investment, issuing institution, selling institution, date of maturity, par and dollar amount of deposit, current market value for all securities, return on the City's investment portfolio expressed as an annual percentage rate, yield to maturity, cash flow information demonstrating that the City can meet its upcoming financial obligations, and such data as may be required by the City Council. The report shall also state its relationship to this statement of investment policy, as directed under the Code. The Treasurer shall at least annually submit a recommended updated Investment Policy to be reviewed and approved by the City Council. The City's investment reporting policy meets or exceeds the requirements of Section 53646 of the California Government Code. QUALIFIED DEALERS: The City shall transact investments only with banks, savings and loans, state -licensed investment security broker-dealers, the State of California Local Agency Investment Fund, or brokerage firms designated as primary government dealers by, and regularly reporting to, the New York Federal Reserve Bank. Investment staff shall investigate dealers who wish to do business with the City in order to determine if they are adequately capitalized, market securities appropriate to the City's needs, and are recommended by managers of portfolios similar to the City's. The City's Broker/Dealer Questionnaire (Attachment A) will be used in this investigation. The City shall at least annually send a copy of the current investment policy to all dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered as evidence that the dealer understands the City's investment policies, and intends to show the City only appropriate investments. Last Revised: July, 2011 City of Temecula INVESTMENT POLICY Page 4 AUTHORIZED INVESTMENTS: Investments shall be made in the context of the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." The City is further governed by the California Government Code, Sections 5922, 16429.1, and 53600 et seq. Within the context of these limitations, the following investments are authorized, as further limited herein: United States Treasury Bills, Bonds, and Notes, or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no limitation as to the percentage of the portfolio that can be invested in this category. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Obligations issued by the Federal Farm Credit Bank System (FFCB), the Federal Home Loan Bank Board (FHLB), the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), and other United States agency obligations with maturities of five years or less. Although there is no percentage limitation on the dollar amount that can be invested in these issues, the "prudent investor" rule shall apply for a single agency name. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances. Banker's acceptances purchased may not exceed 180 days to maturity or 40% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in banker's acceptances issued by any one bank. Commercial paper ranking of the highest letter and number rating by a nationally recoanized statistical rating organization (NRSRO), and issued by a domestic corporation having assets in excess of $500,000,000 and having an "A-1" or better rating on its long-term debentures as provided by a NRSRO. Purchases of eligible commercial paper may not exceed 15% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in commercial paper issued by any one corporation. The City may invest in no more than 10% of a single corporation. The City may invest in no more than 10% of a single corporation's commercial paper. Maturity is not to exceed 180 days. Last Revised: July, 2011 City of Temecula INVESTMENT POLICY Page 5 Negotiable certificates of deposit issued by nationally or state -chartered banks or state or federal savings and loan associations. Negotiable certificates of deposit (NCDs) differ from other certificates of deposit by their deposit liquidity. They are issued against funds deposited for specified periods of time and earn specified or variable rates of interest. NCDs are traded actively in secondary markets. When feasible, an independent trading service will be used as part of the evaluation process. Issuers must be rated "B" or better by Thomson Bank Watch or equivalent rating service, or rated A-1 for deposits by Standard & Poors, or P-1 for deposits by Moodys or comparably rated by a national rating agency. Transactions in NCDs shall not collectively exceed 30% of the total portfolio in effect immediately after any such investment is made. Repurchase Agreements. The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement which specifies terms and conditions of repurchase agreements. Transactions shall be limited to the primary dealers and the top banking institutions according to the rating agency based on liquidity, profitability, and financial strength. The maturity of repurchase agreements shall not exceed 30 days. The market value of securities used as collateral for repurchase agreements shall be monitored daily by the investment staff and will riot be allowed to fall below 102% of the value of the repurchase agreement plus the value of collateral in excess of the value of the repurchase agreement. In order to conform with provisions of the Federal Bankruptcy Code which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shall be certificates of deposit, eligible bankers' acceptances, or securities that are direct obligations of, or that are fully guaranteed as to principal and interest by, the United States or any agency of the United States. No more than 50% of the portfolio may be invested in repurchase agreements, and a "perfected security interest" shall always be maintained in the securities subject to a repurchase agreement. Local Agency Investment Fund. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted by State law. Time Deposits. As to the deposits of non -surplus funds, the City may invest in non- negotiable time deposits collateralized in accordance with the California Government Code (including, but not limited to, entering into a contract with the depository institution pursuant to California Government Code Section 53649) in those banks and savings and loan associations that meet the requirements for investment in negotiable certificates of deposit. Since time deposits are riot liquid, no more than 15% of the portfolio may be invested in this category. The depository institution should have been in existence for at least five years. The City may waive the first $100,000 of collateral security for such deposits if the institution is insured pursuant to federal law. In order to secure the uninsured portions of such deposits, an institution shall maintain at least 10% in excess of the total amount deposited. Real estate mortgages may not be accepted as collateral. The maximum term for deposits shall be one year. In general, the depository institution must have a minimum 6% net worth to assets ratio or the minimum ratio established by the Comptroller of the Currency. The depository institution's operation must have been profitable during their last reporting period. Last Revised: July, 2011 City of Temecula INVESTMENT POLICY Page 6 Money Market Funds. The City may invest in money market funds that invest solely in U.S. Treasuries, obligations of the U.S. Treasury, and repurchase agreements relating to such treasury obligations. To be eligible, the money market fund must have attained the highest ranking available as evaluated by a nationally recognized rating service and retained an investment advisor with not less than five years experience and that is registered with the SEC, and which advisor has assets under management in excess of $500 million. Except as otherwise noted, this list of authorized investments is intended to apply to the investment of all operating and surplus funds. The investment of bond proceeds shall be governed by the permitted investments as specified in the official statement for each bond issue. INELIGIBLE INVESTMENTS: Investments riot described herein, including, but not limited to, reverse repurchase agreements, mutual funds (other than money market funds), zero coupon bonds, inverse floaters, mortgage - derived securities, common stocks and corporate notes and bonds are prohibited from use in the City's investment portfolio. SWAPPING OF SECURITIES: A swap is the movement from one security to another and may be done for a variety of reasons, such as to increase yield, lengthen or shorten maturities, to take a profit, or to increase investment quality. The purchase transaction and the sale transaction must each be recorded separately and any losses or gains on the sale must be recorded. PORTFOLIO ADJUSTMENTS: Should an investment percentage -of -portfolio limitation be exceeded due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses. When no loss is indicated, the Treasurer shall consider reconstructing the portfolio basing his or her decision, in part, on the expected length of time the portfolio will be unbalanced. POLICY REVIEW: This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. The City Council shall be responsible for maintaining guidance over this investment policy to ensure that the City can adapt readily to changing market conditions, and shall approve any modification to the investment policy prior to implementation. Last Revised: July, 2011 City of Temecula INVESTMENT POLICY Page 7 ETHICS AND CONFLICT OF INTEREST: Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with the proper execution of the investment program or impairs their ability to make impartial investment decisions. In addition, no funds shall be invested in negotiable certificates of deposit issued by, or non-negotiable time deposits under contract with a State or Federal credit union if a member of the City Council or any person with investment decision making authority in the administrative office, manger's office, budget office, auditor -controller's office, or treasurer's office of the City also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the State or Federal credit union issuing the negotiable certificates of deposit or in which the non-negotiable time deposit is proposed to be deposited. Additionally, officers and staff involved in the investment of public funds are required to annually file a Fair Political Practices Commission Statement of Economic Interest form. Last Revised: July, 2011 CITY OF TEMECULA Broker/Dealer Questionnaire FIRM INFORMATION Firm Name: Address: Phone No: ( ) Firm is (select one): ❑ Broker ❑ Dealer REPRESENTATIVE INFORMATION Sales Representative: Title: Phone No: ( ) Supervising Representative: Title: Phone No: ( ) BUSINESS STATUS/HISTORY YES Is your firm a primary dealer in U.S. Government securities? ❑ If yes, for how long? NO ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ Are the following instruments regularly offered by your firm? T -Bills ❑ T-Notes/Bonds ❑ Banker's Acceptances (Domestic) Banker's Acceptances (Foreign) ❑ Commercial Paper ❑ Certificates of Deposit ❑ Medium Term Notes Mutual Funds (eligible for public investment) ❑ Agencies (please specify) ❑ Have any of your firm's public sector clients sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of a financial instrument that was recommended by and purchased through your firm? (If yes, please explain on a separate sheet.) 0 Have any of your firm's public sector clients claimed, in writing, that your firm was responsible for any investment losses? (If yes, please explain on a separate sheet.) ❑ ❑ Has your firm been subject to any litigation, arbitration or regulatory proceedings, either pending, adjudicated or settled, that involved allegations of improper, fraudulent, disreputable or unfair activities related to the sale of securities or to the purchase of securities from institutional clients? (If yes, please explain on a separate sheet.) ❑ ❑ Has your firm been subject to a regulatory, state or federal agency investigation for alleged improper, fraudulent, disreputable, or unfair activities related to the purchase or sale of securities? (If yes, please explain on a separate sheet.) ❑ ❑ What is the net capitalization of your firm? What are your wire and delivery instructions? TRADING PERSONNEL Please identify all personnel who will be trading with or quoting levels to the City of Temecula: NAME: TITLE: PHONE: #YRSW FIRM Do each of the above individuals currently hold valid licenses to YES NO trade securities on behalf of the institution? ❑ ❑ REFERENCES Please identify your most closely comparable governmental local agency clients in our geographical area: AGENCY: CONTACT: PHONE: # YRS CLIENT CERTIFICATION I hereby certify that I have personally read the City of Temecula's Investment Policy and the California Government Codes pertaining to the investments of the City of Temecula, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of Temecula's investment objectives, strategies and risk constraints whenever we are so advised. We pledge to exercise due diligence in informing the City Treasurer staff of all foreseeable risks associated with financial transactions conducted with our firm. We further pledge not to offer the City of Temecula any types of securities not authorized by both the City of Temecula's Investment Policy and California Law. I attest to the accuracy of our responses to your questionnaire. Additionally, all sales personnel will be routinely informed of your investment objectives, horizon, outlook, strategies, and risk constraints whenever we are so advised. We will notify you immediately by telephone and in writing in the event of material adverse change in our financial condition. The supervising officer agrees to exercise due diligence in monitoring the activities of other officers and subordinate staff members engaged in transaction with the City of Temecula. SIGNED: PRINTED NAME: TITLE: DATED: This section must be countersigned by the Managing Director or by the most senior person in charge of the government securities operations sections. SIGNED: PRINTED NAME: TITLE: DATED: Item No. 5 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 26, 2011 SUBJECT: Acceptance of Improvements and Notice of Completion for Closed Circuit Television (CCTV) Installation on Temecula Parkway; Project No. PW 07-07 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer- CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Closed Circuit Television (CCTV) Installation on Temecula Parkway, Project No. PW 07-07, as complete; 2. Direct the City Clerk to file and record the 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 months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On August 10, 2010, the City Council awarded a construction contract to Steiny and Company, Inc. in the amount of $102,208.00 to complete the Closed Circuit Television (CCTV) Installation on Temecula Parkway, Project No. PW 07-07. This project installed fiber-optic cable in existing conduits on Temecula Parkway between Butterfield Stage Road and Pechanga Parkway. It also installed closed circuit television cameras at four intersections along Temecula Parkway to monitor traffic flow and give the City the ability to adjust traffic signal timing remotely. The four intersections are Kevin's Place, Margarita Road, Meadows Parkway and Butterfield Stage Road. The Contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one (1) year from February 15, 2011; the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Closed Circuit Television (CCTV) Installation on Temecula Parkway, Project No. PW07-07 is identified in the City's Capital Improvement Program, Fiscal Years 2011-2015. This project is funded with Senate Bill 621. The awarded construction contract amount was $102,208.00. An approved contract change order increased the contract amount by $7,000.00. The final construction contract amount was $209,208.00. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street 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 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Steinv and Company, Inc., 12907 E. Garvey Ave., Baldwin Park, CA 91706 to perform the following work of improvement: CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY PROJECT NO. PW 07-07 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 26, 2011. That upon said contract Safeco Insurance Company of America, 330 N. Brand Blvd., Suite 500, Glendale, CA 91203 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: CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY PROJECT NO. PW 07-07 6. The location of said property is: Temecula Parkway between Pechanga Parkway and Butterfield Stage Road, Temecula, CA 92590. Dated at Temecula, California, this 26th day of July, 2011. City of Temecula STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss Susan W. Jones MMC, City Clerk I, Susan W. Jones M MC, 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 26h day of July, 2011. City of Temecula Susan W. Jones MMC, City Clerk C: \Program Files \Neevia.Com\Document Converter \ temp \1007902.doc Executed in Duplicate Bond No. 6690444 Premium is Included in Performance Bond CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW07-07 CLOSED CIRCUIT TELEVISION (CCTV} INSTALLATION ON TEMECULA PARKWAY KNOW ALL PERSONS BY THESE PRESENT THAT: Steiny and Company. Inc.. 12907 E. Garvey Avenue, Baldwin Park, CA 91706 NAME AND ADDRESS CONTRACTOR'S a Corporation , hereinafter called Principal, and (till in whether a Corporation. Partnership or Individual) Safeco Insurance Company of America, 330 No. Brand Blvd., Suite 500, Glendale, CA 91203 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of Ten Thousand Nine Hundred Twenty DOLLARS and 80 CENTS ($ 10,920.80 ) 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 10th day of August , 2010, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW07- 07, CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY WHEREAS, said Contract provides that the Principal will fumish 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 15th February R&IfElx 2 011 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. MAINTENANCE BOND M-1 RICIPIPROJCCTSIPWOMPW01-07 Camera last/Pafon 79SIBid-Doc PW 07-07-0id Dae (Mach 10).doc 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 23rd day of June , 2011. (Seal) SURETY Safeco Insurance Company of America PRINCIPAL tiny and Compan . Inc. (Name) Attorney in Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: Vincent P. Mauch (Name) Chief Financial Officer (Title) By: .sc,,.A Gayle C. Kappelman (Name) Secretary (Titlo) MAINTENANCE BOND M-2 RICIPWROJECTS1PW07WNf07-07 Carera IaslaNaBon 79S1&FDocsWW Q7 -07 -Bid Doc (Nath 10) doe CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of Los Angeles } ss. On June 27, 2011 before me, Kathy M. Edwards Dm Name and Title of Officer (e g. "Jane Doe, Notary Public") personally appeared Vincent P. Mauch and Gayle C. Kappelman Name(a) of Signed') who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL KATHY M. EDWARDS Commission # 1808321 Notary Public - California Los Angeles County My Comm. Expires Aug 3. 2012 (Seel) Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document: Title or Type of Document: CITY OF TEMECULA - MAINTENANCE BOND #6690444 Document Date: 6/23/2011 Signer(s) Other Than Named Above: Number of Pages: 2 Jeri Apodaca - Safeco Insurance Co. of America Capacity(ies) Claimed by Signer Signer's Name: Vincent P. Mauch and Gayle C. Kappelman ❑ Individual x❑ Corporate Officer - Title(s): ❑ Partner(s) - ❑ Limited 0 General ❑ Attorney -in -Fact o Trustee O Guardian or Conservator ❑ Other: Signer is Representing: Steiny and Company, Inc. CFO and Corp. Secretary 11‘.11 1 1111 A1111911A1 Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �4��.ccct;,�„�ts�'��rcr.Go.`c`�.,cc4SaGr.��'�`,c�4Y'�Ce:c�`•cY�.��4�'���-Caen..er.�,r�rcc>.errccr�r.,c.�t`�r'.u�,CC�.G<'�c�C'� State of California County of Orange on JUN 2 3 2011 Dale personally appeared K. LUU ComrnIsslon r% 177i:1/01 K Notary Public - Ccliiforni+_i Mance Cc.mty s,t.f ,':)t 1 before me, K Luu, Notary Public Here Insert Name and Title of the Officer Jeri Apodaca Namets) nf Sumer(,;) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(t) whose name(S) is/ft subscribed to the within instrument and acknowledged to me that he/she/tr./6y executed the same in his/her/1W authorized capacity(1eitt), and that by 1W/het-MOO signature(6) on the instrument the person(S), or the entity upon behalf of which the person(S) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Pubic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment o/ this form to another document. Description of Attached Document Title or Type of Document: __ Document Date: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — TItle(s): Number of Pages: ❑ Partner — D Limited ❑ General Lei Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. R:GHT THUMBPRINT OF SIGNER Top of thumb here N •6' 6? 41 60 NDN N.`t/• m `t/ 't#v `✓. C,, Signer's Name: ❑ Individual ❑ Corporate Officer — TItle(s): ❑ Partner — Cl Limited ❑ General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing - RIGH T THUMBPRINT OF SIGNER Top of thumb here VKXscuwuwczssccccettet C2007 National Notary Association • 9350 De Soto Ave., P.C. Box 2402 • Chatsworth, CA 91313.2402• www.NatbnalNotary.org Ilern 95907 Reorder: Call Toll -Free 1800-876-9827 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4645 816 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint RHONDA C. ABEL, JERI APODACA, NANETTE MYERS, MICHAEL D. PARIZINO, JAMES A. SCHALLER, RACHELLE RHEAULT, ALL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIVE HUNDRED MILLION AND 00/100 DOLLARS ($ 500,000,000.00 ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By-laws, David M. Carey, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th dayof June 2011 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY SAFECO INSURANCE COMPANY OF AMERICA By nryr David M. Carey. AsIgstant Secretary On this 15th day of June , 2011 , before me, a Notary Public, personally came David M. Carey, to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREO , veIu subscribed my name and affixed my notarial seal at Plymouth Meetin , Pennsylvania, on the day and year first above written. t�oNWF \\\\ Notarial seal �4 O� �3 y� Teresa Paee!a, Notary Praoiic By to.t61 t'✓ Ptyrram: Two , Montgomery County Or- My Corm*, Exo!res Mar 28.2 3 Tere a Pastella, Notary Public ,t J r.�nrlr.r��, CERTIFICATE I, the undersigned, Vice President of Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Officer specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 1 Bth day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TE�9NMpNi�( VVtf nEOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of • J U IIY1 !! tt�� LLUU �I �I 7110 keievaras Gregory W. Davenport, Vice President to en d .0 c 10 O >'W d o a Q M do 3co O E acv No t o O c wd w >42 • o EN M Oo U 0 Steiny Job #4280 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW07-07 CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY This is to certify that Steiny and Company , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it 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. PW07-07, CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY, situated in the City of Temecula, State of California, more particularly described as follows: Temecula Parkway between Butterfield Stage Road and Pechanga Parkway 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 N/A Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: June 23, 2011 RELEASE By: CONTRACTOR Signature Vincent P. Mauch, CFO Print Name and Title R-1 RlCIP1PROJECTSWPW011PW07-07 Camera Installation 79SIBid-Do:sWW 07-07-8id Doc (March 10).da Item No. 6 Approvals City Attorney Director of Finance City Manager OCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 26, 2011 SUBJECT: Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation Program - Nicolas Road; Project No. PW 10-05c PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer- CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Pavement Rehabilitation Program— Nicolas Road, Project No. PW 10-05c, as complete; 2. Direct the City Clerk to file and record the 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 months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On March 8, 2011, the City Council awarded a construction contract to Kad Paving Company in the amount of $239,285.75 to complete the Pavement Rehabilitation Program — Nicolas Road, Project No. PW 10-05c. The City's Pavement Management System (PMS) prioritizes existing streets in need of repairs and recommended method for these repairs. Using the (PMS), staff selected a number of locations throughout the City that ranked high in the priority list. Nicolas Road, from Joseph Road to Calle Girasol, is the first of several pavement rehabilitation projects to be constructed this year. Other pavement rehabilitation projects will be advertised for bids, awarded and constructed during the current fiscal year. They will be brought before the City Council at a future date. The rehabilitation of Nicolas Road from Joseph Road to Calle Girasol included full depth reclamation of the eastbound lane and the application of slurry seal to the westbound lane. The full depth reclamation process included grinding the existing asphalt, mixing it with the existing base and treating it with cement, compacting it in place and overlaying it with a 2" thick course of fresh asphalt. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one (1) year from June 15, 2011, the date that the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Pavement Rehabilitation Program- Nicolas Road project is identified in the City's Capital Improvement Program, Fiscal Years 2011-2015 and is funded with Measure A. The awarded construction contract amount was $239,285.75. Approved contract change order increased the contract amount by $21,383.00 for a final construction contract amount was $260,668.75. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street 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 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Kad Paving Company, 12173 10th Street, Yucaipa, CA 92399 to perform the following work of improvement: PAVEMENT REHABILITATION PROGRAM — NICOLAS ROAD PROJECT NO. PW 10-05c 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 26, 2011. That upon said contract American Safety Casualty Insurance Company. 23901 Calabasas Road Calabasas, CA 91302 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: PAVEMENT REHABILITATION PROGRAM — NICOLAS ROAD PROJECT NO. PW10-05c 6. The location of said property is: Nicolas Road between Joseph Road and Calle Girasol, Temecula, CA 92590. Dated at Temecula, California, this 26th day of July. 2011. City of Temecula STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss Susan W. Jones MMC, City Clerk I, Susan W. Jones M MC, 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 26h day of July, 2011. City of Temecula Susan W. Jones MMC, City Clerk C: \Program Files \Neevia.Com\Document Converter \ temp \1007906.doc Executed in Duplicate Bond No. 6690444 Premium is Included in Performance Bond CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW07-07 CLOSED CIRCUIT TELEVISION (CCTV} INSTALLATION ON TEMECULA PARKWAY KNOW ALL PERSONS BY THESE PRESENT THAT: Steiny and Company. Inc.. 12907 E. Garvey Avenue, Baldwin Park, CA 91706 NAME AND ADDRESS CONTRACTOR'S a Corporation , hereinafter called Principal, and (till in whether a Corporation. Partnership or Individual) Safeco Insurance Company of America, 330 No. Brand Blvd., Suite 500, Glendale, CA 91203 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of Ten Thousand Nine Hundred Twenty DOLLARS and 80 CENTS ($ 10,920.80 ) 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 10th day of August , 2010, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW07- 07, CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY WHEREAS, said Contract provides that the Principal will fumish 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 15th February R&IfElx 2 011 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. MAINTENANCE BOND M-1 RICIPIPROJCCTSIPWOMPW01-07 Camera last/Pafon 79SIBid-Doc PW 07-07-0id Dae (Mach 10).doc 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 23rd day of June , 2011. (Seal) SURETY Safeco Insurance Company of America PRINCIPAL tiny and Compan . Inc. (Name) Attorney in Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: Vincent P. Mauch (Name) Chief Financial Officer (Title) By: .sc,,.A Gayle C. Kappelman (Name) Secretary (Titlo) MAINTENANCE BOND M-2 RICIPWROJECTS1PW07WNf07-07 Carera IaslaNaBon 79S1&FDocsWW Q7 -07 -Bid Doc (Nath 10) doe CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of Los Angeles } ss. On June 27, 2011 before me, Kathy M. Edwards Dm Name and Title of Officer (e g. "Jane Doe, Notary Public") personally appeared Vincent P. Mauch and Gayle C. Kappelman Name(a) of Signed') who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL KATHY M. EDWARDS Commission # 1808321 Notary Public - California Los Angeles County My Comm. Expires Aug 3. 2012 (Seel) Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document: Title or Type of Document: CITY OF TEMECULA - MAINTENANCE BOND #6690444 Document Date: 6/23/2011 Signer(s) Other Than Named Above: Number of Pages: 2 Jeri Apodaca - Safeco Insurance Co. of America Capacity(ies) Claimed by Signer Signer's Name: Vincent P. Mauch and Gayle C. Kappelman ❑ Individual x❑ Corporate Officer - Title(s): ❑ Partner(s) - ❑ Limited 0 General ❑ Attorney -in -Fact o Trustee O Guardian or Conservator ❑ Other: Signer is Representing: Steiny and Company, Inc. CFO and Corp. Secretary 11‘.11 1 1111 A1111911A1 Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �4��.ccct;,�„�ts�'��rcr.Go.`c`�.,cc4SaGr.��'�`,c�4Y'�Ce:c�`•cY�.��4�'���-Caen..er.�,r�rcc>.errccr�r.,c.�t`�r'.u�,CC�.G<'�c�C'� State of California County of Orange on JUN 2 3 2011 Dale personally appeared K. LUU ComrnIsslon r% 177i:1/01 K Notary Public - Ccliiforni+_i Mance Cc.mty s,t.f ,':)t 1 before me, K Luu, Notary Public Here Insert Name and Title of the Officer Jeri Apodaca Namets) nf Sumer(,;) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(t) whose name(S) is/ft subscribed to the within instrument and acknowledged to me that he/she/tr./6y executed the same in his/her/1W authorized capacity(1eitt), and that by 1W/het-MOO signature(6) on the instrument the person(S), or the entity upon behalf of which the person(S) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Pubic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment o/ this form to another document. Description of Attached Document Title or Type of Document: __ Document Date: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — TItle(s): Number of Pages: ❑ Partner — D Limited ❑ General Lei Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. R:GHT THUMBPRINT OF SIGNER Top of thumb here N •6' 6? 41 60 NDN N.`t/• m `t/ 't#v `✓. C,, Signer's Name: ❑ Individual ❑ Corporate Officer — TItle(s): ❑ Partner — Cl Limited ❑ General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing - RIGH T THUMBPRINT OF SIGNER Top of thumb here VKXscuwuwczssccccettet C2007 National Notary Association • 9350 De Soto Ave., P.C. Box 2402 • Chatsworth, CA 91313.2402• www.NatbnalNotary.org Ilern 95907 Reorder: Call Toll -Free 1800-876-9827 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4645 816 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint RHONDA C. ABEL, JERI APODACA, NANETTE MYERS, MICHAEL D. PARIZINO, JAMES A. SCHALLER, RACHELLE RHEAULT, ALL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIVE HUNDRED MILLION AND 00/100 DOLLARS ($ 500,000,000.00 ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By-laws, David M. Carey, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th dayof June 2011 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY SAFECO INSURANCE COMPANY OF AMERICA By nryr David M. Carey. AsIgstant Secretary On this 15th day of June , 2011 , before me, a Notary Public, personally came David M. Carey, to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREO , veIu subscribed my name and affixed my notarial seal at Plymouth Meetin , Pennsylvania, on the day and year first above written. t�oNWF \\\\ Notarial seal �4 O� �3 y� Teresa Paee!a, Notary Praoiic By to.t61 t'✓ Ptyrram: Two , Montgomery County Or- My Corm*, Exo!res Mar 28.2 3 Tere a Pastella, Notary Public ,t J r.�nrlr.r��, CERTIFICATE I, the undersigned, Vice President of Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Officer specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 1 Bth day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TE�9NMpNi�( VVtf nEOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of • J U IIY1 !! tt�� LLUU �I �I 7110 keievaras Gregory W. Davenport, Vice President to en d .0 c 10 O >'W d o a Q M do 3co O E acv No t o O c wd w >42 • o EN M Oo U 0 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW10-05C PAVEMENT REHABILITATION — NICOLAS ROAD This is to certify that ICAt PRO iL Cp (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it 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. PW10-05C, PAVEMENT REHABILITATION — NICOLAS ROAD. situated in the City of Temecula, State of California, more particularly described as follows: 14.5 Fb 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 §7100. the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them. from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: ! ( 1 ) CONTRACTOR c By: Signature �O Nc c Wk 1 Print Name and Title c—pc es Item No. 7 Approvals City Attorney Director of Finance City Manager OCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 26, 2011 SUBJECT: Professional Service Agreements for various services required by the Public Works Capital Improvement Projects Division for Fiscal Year 2011/2012 PREPARED BY: Julie Dauer, Sr. CIP Specialist RECOMMENDATION: That the City Council approve the following agreements for Property Appraisal services, Geotechnical and Material Testing services and Engineering and Survey services for various Capital Improvements Projects (CIP) Division project needs for fiscal year 2011/2012, in the amounts stated: Appraisal Services CPSI, Inc $50,000.00 Overland, Pacific & Cutler, Inc. $50,000.00 Epic Land Solutions $50,000.00 Geotechnical Services Converse Consultants $100,000.00 Construction, Testing & Engineering $100,000.00 Leighton Consulting, Inc. $100,000.00 Engineering and Survey Services RBF Consulting $100,000.00 Harris & Associates, Inc. $100,000.00 BACKGROUND: On June 1, 2011 a Request for Proposal (RFP) was posted on PlanetBids (the City's online bidding service), and proposals were due June 15, 2011. All proponents submittals were reviewed by selected panel members to determine the most qualified and most competively priced firm. Upon considerable review the above listed firms were selected to perform our annual professional services. There are various projects described in the Capital Improvement Program for Fiscal Years 2011-2015 that will require these professional services. The attached agreements are for one (1) year term to provide services as needed. Each agreement will include the option to renew for three (3) additional one year terms. Consultants submit a cost proposal for each service request and funds are allocated from the corresponding CIP project budget. Only approved CIP projects will utilize the services under these agreements, unless otherwise directed by the City Manager or City Council. FISCAL IMPACT: Adequate funds will be available in the Public Works Department, FY2011-2012 Capital Improvement Program budget, as approved by City Council at their meeting of June 14, 2011. Individual service requests are funded by the various funding sources approved for each project. ATTACHMENTS: 1. Property Appraisal Services — Professional Services Agreements- - CPSI, Inc - Overland, Pacific & Cutler, Inc. - Epic Land Solutions 2. Geotechnical and Material Testing — Professional Services Agreements- - Converse Consultants - Construction, Testing & Engineering - Leighton Consulting, Inc. 3. Engineering and Surveying Services — Professional Services Agreements - - RBF Consulting - Harris & Associates AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND CALIFORNIA PROPERTY SPECIALISTS, INC. APPRAISAL SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and California Property Specialists, Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2015. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 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 by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -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 $50.00 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 Agreement. 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 Fifty Thousand Dollars and No Cents ($50,000) annually 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 mariner 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 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 entitled "PAYMENT" herein. 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 ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional 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: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 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 shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their 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 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at 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 mariner 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 riot 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 riot be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall riot 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT California Property Specialists, Inc. 27782 Vista Del Lago, Suite C29 Mission Viejo, CA 92692 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 Ag ree me nt. 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 that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 1. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CALIFORNIA PROPERTY SPECIALISTS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: By: Kent Jorgensen, Chief Executive Officer Georgia Marquis, Secretary/Treasurer Peter M. Thorson, City Attorney CONSULTANT California Property Specialists, Inc. Kent Jorgensen, Chief Executive Officer 27782 Vista Del Lago, Suite C29 Mission Viejo, CA 92692 (714) 550-4628 (714) 200-0809 Fax FSM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: • Research and/or review Title Reports. • Prepare necessary surveys and identify existing right-of-way. • Prepare description of properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. • Prepare necessary legal descriptions, exhibits and any other miscellaneous services for acquisition purposes. • Provide assistance to the City, as necessary, to acquire right-of-way, preparation of easement documents, permission to enter/grade letters, etc. • Appraise properties for the purpose of estimating fair market value and provide appraisal reports. EXHIBIT B Payment Rates and Schedule See attached. Exhibit B City of Temecula Annual Agreement for Property Appraisal Services Various Capital Improvement Projects Approved for FY2011-2012 CALIFORNIA PROPERTY SPECIALISTS, INC. Property Appraisal Services - Fee Schedule June 15, 2011 Your Projects. Our Solution; 27782 Vista Del Lago, Suite C29 1 Mission Viejo, CA 92692 714.550.4628 ph 1 714.200.0809 fx 1 www.c si-row.com ,1/4,74. cnsI California E-rty Specialists, Inc. CALIFORNIA PROPERTY SPECIALISTS, INC. City of Temecula 2011 Pricing Schedule Acquisition Services Rate per Case Range $1,500.00 Task Discounts Residential Acquisitions $2,500.00 10% discount over 10 cases. Commerical Acquisitions $3,500.00 10% discount over 10 cases. Difficult Commercial/Industrial Acquisitions $5,000.00 Based on level of difficulty. Tenant Acquisitions $1,750.00 $2,000.00 Land Only Acquisitions $2,100.00 $3,500.00 Part -take Acquisitions $2,750.00 10% discount over 10 cases. Part -take Acquisitions (severance damage issues) $3,500.00 $5,000.00 Relocation Services Review Appraisals $500.00 Task Fee Discounts HCD Plan (less then 10 interviews) $1,500.00 $1,000.00 Replacement Housing Plan $750.00 $5,000.00 Relocation Plan $1,500 + $75 per interview Residential Relocations $2,500.00 10% discount over 10 cases. Temporary Residential Relocations $2,000.00 10% discount over 10 cases. Common Commercial/Industrial Relocations $3,500.00 based on the level of difficulty as approved by Agency. Industrial Relocations $10,000.00 Property Management Task Fee Comments Rent Collections 5% of rent N/A Property Maintenance $75/per hour for maintenance issues addressed by CPSI. i.e. repairs Subconsultants - Pass Thru** Legal Description and Plat Maps Fee $1,000.00 Range $1,500.00 Real Property Appraisals Acquisition Team Manager -Burt Presnell $105.00 Vacant Land $1,500.00 $2,500.00 Noncomplex residential $750.00 $1,500.00 Part -take Acquisitions (non-complex) $1,500.00 $2,500.00 Noncomplex commercial $2,000.00 $3,000.00 Complex commercial $3,500.00 $5,000.00 Noncomplex industrial $3,000.00 $4,000.00 Complex industrial $5,000.00 $7,500.00 Review Appraisals $500.00 $1,000.00 Furniture, Fixtures and Equipment Appraisals $1,250.00 $2,500.00 Goodwill appraisals (windshield valuation) $1,000.00 $1,500.00 Goodwill appraisals $5,000.00 $8,000.00 Asbestos Testing -Environmental $1,200.00 $2,500.00 Board -ups By a window and door count. Fencing By linear foot Additional Services Not Included in Case Rate Position Hourly Rate Project Director -Kent Jorgensen $115.00 Acquisition Team Manager -Burt Presnell $105.00 Relocation Team Manager - Georgia Marquis $105.00 Sr. Acquisition/Sr. Relocation Agent $95.00 Acquisition/Relocation Agent $90.00 Right of Way Technican $75.00 Administrative -Clerical $50.00 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND OVERLAND PACIFIC & CUTLER, INC. APPRAISAL SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Overland Pacific & Cutler, Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2015. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 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 by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -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 $50.00 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 Agreement. 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 Fifty Thousand Dollars and No Cents ($50,000) annually 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 mariner 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 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 entitled "PAYMENT" herein. 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 ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional 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: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 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 shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their 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 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at 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 mariner 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 riot 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 riot be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall riot 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT Overland Pacific & Cutler, Inc. 2280 Market Street, Suite 200 Riverside, CA 92501 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 Ag ree me nt. 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 that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 1. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Overland Pacific & Cutler, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT By: Barry McDaniel, President Brian Everett, Secretary Overland Pacific & Cutler, Inc. 2280 Market Street, Suite 200 Riverside, CA 92501 (951) 683-2353 (951) 683-3901 Fax FSM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: • Research and/or review Title Reports. • Prepare necessary surveys and identify existing right-of-way. • Prepare description of properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. • Prepare necessary legal descriptions, exhibits and any other miscellaneous services for acquisition purposes. • Provide assistance to the City, as necessary, to acquire right-of-way, preparation of easement documents, permission to enter/grade letters, etc. • Appraise properties for the purpose of estimating fair market value and provide appraisal reports. EXHIBIT B Payment Rates and Schedule See attached. Exhibit B City of Temecula Price Proposal to Provide Property Appraisal Services Various Capital Imp, Projects Approved for FY2011-2012 4. P incipal Consultant / Program Manager Designated Real Estate Appraiser Senior Staff Real Estate Appraiser $225.00 per hour Staff Real Estate Appraiser 150.00 per hour Senior Utility Coordinator 50.00 per hour Senior Project Manager $140.00 per hour Property Management Supervisor $140.00 per hour Project Manager Utility Coordinator Senior Consultant Property Manager $130.00 per hour $130.00 per hour $115.00 per hour Consultant Analyst Research Appraiser Escrow Officer / Project Support Administrative Support 115.00 per hour $105.00 per hour $105.00 per hour $105.00 per hour $ 73.00 per hour $ 45.00 per hour Field Maintenance Supervisor/ Inspector Specialized Labor / GC / Plumber / Electrician $105,00 per hour $105.00 per hour* Equipment Operator Landscape/Property Maintenance Laborer 73.00 per hour* 40.50 per hour* Laborer (non -skilled) 27,50 per hour* * Prevailing Wage Compliant OPC considers local travel/mileage, photocopying, first class postage, telephone, facsimile and wireless communication charges a normal part of doing business and are included in the stated hourly rates. Out- of-pocket expenses including pre -approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%). f �y 0VE R -AA N.D PAC1-F,IC:1a CUTLER;.INC. City of Temecula Price Proposal to Provide Property Appraisal Services Various Capital Imp. Projects Approved for FY2011-2012 o In the event OPC is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two times the regular hourly rates. Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services, Verbal communication in Spanish, if necessary, will be included at no additional charge. OPC may submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. Substantial changes in the required scope of work may result in the revision of the proposed fees. OVERLAND PA CI PIC:S CUTLER. INC. d\, Associated Engineers /A division of -Thc» PARSONS rr BRINCKERHOFF HOURLY RATES FIELD SURVEYS AT PREVAILING WAGE RATES (Effective 09/01/10) OFFICE TIME Principal in Charge $250.00 per hour Principal Licensed Land Surveyor $240.00 per hour Senior Airport Engineer $220.00 per hour Senior Airport Planner $200.00 per hour Civil Engineer 1. Project Manager $200.00 per hour 2, Senior $150.00 per hour 3. Associate $140.00 per hour Assistant Engineer $129.00 per hour Junior Engineer $106.00 per hour Utility Coordinator -1 $128.00 per hour Utility Coordinator -2 $100.00 per hour Chief of Surveys (LLS) $156.00 per hour Licensed Land Surveyor $156.00 per hour Land Survey Technician $125.00 per hour Gadd Technician $101.00 per hour Engineering Intern $63.00 per hour Engineering Aide $63.00 per hour Senior Administrator $156.00 per hour Project Administrator $96.00 per hour Administrative Assistant $78.00 per hour FIELD TIME 3 -Man Survey Party ' $388.00 per hour 2 -Man Survey Party $280.00 per hour 1 -Man Survey Party $192.00 per hour Flagman $83.00 per hour Senior Staff Inspector $140.00 per hour Staff Inspector $130.00 per hour Travel Time — 3 -Man Survey Party $135.00 per hour Travel Time — 2 -Man Survey Party $104.00 per hour Above schedule is for straight time only. Overtime requested by client will be at 1-1/2 times the rates shown and Sundays/Holidays at 3 times the rates shown. These hourly rates do not include printing costs, fees paid to Governmental agencies or other reimbursable expenses. These expenses are billed at cost + 10%. Above schedule subject to change based on annual increases to direct labor rates. Travel time rates will be billed for those hours in excess of 8 hours per day. Expert Witness time will be billed at 11/2 times the hourly rates shown with a 4 -hour minimum plus expenses. PLANNING DESIGNING SURVEYING 0 ICommOn10111001110uHy Rnto 5c1,at11b5\201009Eye HOURLY RATES PIN 09.01.10 doe AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND EPIC LAND SOLUTIONS, INC. APPRAISAL SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Epic Land Solutions, Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2015. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 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 by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -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 $50.00 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 Agreement. 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 Fifty Thousand Dollars and No Cents ($50,000) annually 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 mariner 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 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 entitled "PAYMENT" herein. 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 ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional 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: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 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 shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their 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 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at 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 mariner 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 riot 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 riot be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall riot 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT Epic Land Solutions, Inc. 3850 Vine Street, Suite 200 Riverside, CA 92507 The Consultant shall riot 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 Ag ree me nt. 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 that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 1. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA EPIC LAND SOLUTIONS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT By: Holly D. Rockwell, President James L. Overcamp, Jr., Secretary Epic Land Solutions, Inc. 3850 Vine Street, Suite 200 Riverside, CA 92507 (951) 321-1800 (951) 321-1836 Fax FSM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: • Research and/or review Title Reports. • Prepare necessary surveys and identify existing right-of-way. • Prepare description of properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. • Prepare necessary legal descriptions, exhibits and any other miscellaneous services for acquisition purposes. • Provide assistance to the City, as necessary, to acquire right-of-way, preparation of easement documents, permission to enter/grade letters, etc. • Appraise properties for the purpose of estimating fair market value and provide appraisal reports. EXHIBIT B Payment Rates and Schedule See attached. Exhibit B Hourly Rates Epic Land Solutions, Inc, svh .k`".W✓.%' ^'xA'w.S �y �e*'�"",>'yh s ASt' ilt]Foi�'$ Name 1t2�ytsstW..T'L,ry -71 Role l Hourly Rate Lynette Overcamp Principal In Charge $175 Karen Starr Project Manager $150 Walt Evans Advisory Manager $125 Gary Skow Utility Coordinator $115 Gary Peck Certified General Appraiser $115 Kim Bibolet Assistant Project Manager $110 Jacqueline Franks Senior Acquisition & Relocation Agent $100 Ivy Coker Acquisition & Relocation Agent $90 Rosie Metsker Acquisition & Relocation Agent $90 Linda Rodriguez Project Support $65 Aui`�,.a�9w`f }gc s gGYr� •' 113 gj 7- i4� 9216 z b r'? ,Alf �y,�>r�r� > }C ti 'S�i'6ty3 <5,' �: a\'• • n' �J's'� k �2��'41�'} • Type of Expense • k/ lry `r'1 c f S Cost/Unit Travel Expenses (Airline, Lodging, Car Rental, Food, Incidentals) At Cost Automobile Mileage IRS allowable Postage/Overnight Packages At Cost Online & Data Services At Cost Subconsultants or Contractors Cost + 10% Epic Land Solutions, Inc. regards in-house photocopying, first class postage, telephone, cellular and facsimile communication as charges inclusive in the hourly rates. In the event that Epic Land Solutions, Inc is required to perform services in relation to litigation arising out of any project of client, such services shall be subject to two times the hourly rates quoted above. AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND CONVERSE CONSULTANTS GEOTECHNICAL AND MATERIAL TESTING SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Converse Consultants, Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2015. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 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 by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -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 $50.00 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 Agreement. 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 One Hundred Thousand Dollars and No Cents ($100,000) annually 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 mariner 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 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 entitled "PAYMENT" herein. 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 ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional 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: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 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 shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their 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 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at 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 mariner 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 riot 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 riot be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall riot 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT Converse Consultants 40810 Country Club Drive, Suite 100 Temecula, CA 92591 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 Ag ree me nt. 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 that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 1. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CONVERSE CONSULTANTS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT By: Hashmi Quazi, President Pamela Keith, Secretary Converse Consultants 40810 Country Club Drive, Suite 100 Temecula, CA 92591 (951) 296-9691 (951) 676-7240 Fax FSM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: SCOPE OF SERVICES • Subsurface exploration including but is riot limited to the following: o In-place moisture and density tests o Laboratory maximum density and optimum moisture tests o Sieve Analysis o R -value o Direct shear tests o Consolidation or collapse tests o PH, resistivity, soluble sulfate, and chloride tests • Logs of the exploratory borings summarizing the subsurface conditions encountered, results of laboratory testing, and a plan indicating the location of the explorations. • Seismicity. • Geotechnical evaluation and recommendations including but riot limited to the following: o Grading o Earthwork o Settlement Considerations o Surface and Subsurface Drainage o Foundation, Column, and Slab Recommendations o Slope Stability o Soil Sulfate Content Implications o Utility Trench Backfill o Retaining Walls and recommended lateral earth pressures used for design o Pavement Design o Grading and Foundation Plan Review o Construction Monitoring o Pile driving, if necessary o Lateral Earth Pressures • Discussion of the existing pavement or site conditions • Recommendations for removal of unsuitable material • Soil Ferrous corrosivity and Portland Cement attack potential • Environmental concerns/hazards • Review of available geologic maps and reports for the region • Discussion of the material encountered in the borings and measured engineering properties • Preparation of field and final compaction reports as required. A summary of findings and recommendations in the report • Review of project plans & specifications with emphasis on geotechnical and laboratory materials testing services and attend progress meetings as required. • Observation and field testing services during all phases of site grading (including but is not limited to removal of unsuitable soils, approval of areas to receive fill and mass fill placement) • Field observation and testing during trench backfilling operations • Field density testing during subgrade and base compaction • Field sampling & testing of base and asphalt concrete • All necessary laboratory tests to support fielled services and to satisfy Caltrans and other regulatory agency requirements • Batch plant inspections • Structure backfill observation and testing • Concrete sampling and testing • Consulting services requiring corrective and/or remedial recommendations, if necessary EXHIBIT B Payment Rates and Schedule See attached. Exhibit B CONVERSE CONSULTANTS Prevailing Wage Schedule of Fees Personnel City of Temecula On Call Services for 2011-2012 Fiscal Year Introduction It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through June 30, 2012. Hourly Charges for Personnel Staff assignments will depend on personnel availability, job complexity, project site location and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services Construction Inspector —ACI/ICI3O and/or AVVS/CWF certified (concrete, post -tension, masonry. structural steel. fireproofing, includes concrete batch plant and local steel fabrication inspections) 578 DSA Masonry Inspector 81 Non -Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant, skidmore, pull testing. torque testing, Schmidt hammer, and pachometer) 85 Soils Technician (soil, base, asphalt concrete, and moisture emission testing) 80 Supervisory Soils Technician 85 Sample Pick-up 50 Professional Services (Field and Office) Staff Professional 880 Senior Staff Professional 85 Project Professional 105 Project Manager 115 Senior Professional 135 Principal Professional 160 Laboratory Testing Laboratory Technician 865 (Unit prices for routine tests quoted upon request: see Geotechnical Laboratory Testing and Materials Testing Services Schedules of Fees) Office Support Clerical/Word Processing 860 Drafting 66 CAD Operator/Drafting Manager 70 Overtime and special shift rates for Field Technical Services personnel are determined in accordance with Prevailing Wage law. T ravel line to and from the job site will be charged at the hourly rates for the appropriate personnel_ Expenses 1_ Exploration expenses (drilling. trenching, etc.) are charged at cost plus fifteen percent 2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living away from a principal office are charged at cost plus fifteen percent. 3- Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at a rate of fifty-five cents per mile for company- owned vehicles traveling between principal office and project. 4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits. bonds. outside printing services. tests, etc-) are charged at cost plus fifteen percent. General Conditions The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth to full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office. Converse Consultants PW2010 CONVERSE CONSULTANTS Schedule of Fees Materials Testing Services City of Temecula On Gall Services for 2011-2012 Fiscal Year Compensation for laboratory testing services will be based on rates in accordance with this schedule. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be performed 0 accordance with the General Conditions. This fee schedule is valid through June 30, 2012. AGGREGATES Moisture Content (ASTM D2216) 510.00 Particle Size Analysis • Coarse (ASTM C136). each 60.00 • Coarse and fine (ASTM C136 & 137), each 140.00 • Specific Gravity & Absorption a Coarse Aggregate (ASTM C127) 80.00 • Fine Aggregate (ASTM 0128) 80.00 • Unit weight per cubic foot (ASTM C29) 50.00 • Soundness -Sodium or Magnesium (ASTM C88).each....200.00 • Potential Alkali Reactivity (ASTM D289) 300.00 • Freeze Thaw Soundness 175.00 • Los Angeles Abrasion, per class (ASTM 0131, 0535)210.00 • Sand Equivalent (ASTM 02419) 75.00 • Lightweight Particles (ASTM 0123), each 75.00 • Clay Lumps and Friable Particles (ASTM 0142), each ..100.00 • Stripping test (ASTM 01664). each 65.00 • Organic impurities (ASTM 040) 60.00 • Durability By Quote CONCRETE TESTS Laboratory Trial Batch (ASTM 0192) By Quote Laboratoty Mix Design, historical data By Quote Compression Test. 6"x 12 cylinder (ASTM 039). each . 2;.00 Light Weight Concrete Compression 23.00 it Unit Weight 23.00 Specimen preparation. trimming or coring, each 45.00 Bond Strength (ASTM C321) n Prepared by Converse 120.00 • Prepared by Others 60.00 Core Compression Test (ASTM C12). each 45.00 Flexure test, 6'x 6" beams (ASTM C78). each 60.00 Modulus of Elasticity- Static (ASTM C469), each 110.00 Length Change (3 bars. 5 readings each. up to 26 days) (ASTM 0157) 250.00 Splitting Tensile. 6' x 12" cylinders. each 50.00 Field Concrete Control (sampling, slump. temperature, cast 4 cylinders, molds. cylinder pick-up. within 10 mi. of office, stand-by extra) ASTM/UBC, hourly rate schedule, or each Cylinder 70.00 Field Concrete Control (same as above plus air content test) ASTM/UBC. hourly rate schedule. or each Cylinder 80.00 Hold Cylinder 7.00 Cylinder Mold sent to job site hut not casted by Converse or returned M Converse 500 MASONRY (ASTM 0140. 6447, 0180 STANDARD 24-22) Moisture Content, as received. each 20.00 Absorption. each 50.00 Compression. each 40.00 Shrinkage (ASTM 0426), each 90.00 Net Area and Volume, each 25.00 Masonry Blocks. per set of 9 650.00 Masonry Core Compression. each 45.00 Masonry Core Shear, each 50.00 Masonry Core Trimming, each 45.00 Compression Test. grouted prisms, 8' x 8" x 16", each 110.00 Compression Test, grouted prisms. 12' x 16" x 16", each 140.00 Compression Test 2" x 4` Mortar Cylinder.. each 23.00 • 3" x 6' Grout Prisms, each 23.00 • 2" Cubes (ASTM 0109), each 23.00 Cast by others 23.00 Mortar or Grout Mix Designs By Quote FIREPROOFING TESTS Oven Dry Density (per sample) 50.00 MOISTURE EMISSION TEST Moisture Emission Test Kit 35.00 ASPHALTIC CONCRETE Stability, Flow, and Unit Weight. ASTM 06927 150.00 Marshall ASTM 01559, ASTM 02726 150.00 Measured Maximum Specific Gravity of Mix (ASTM D2041) (Ricos Method). each . 75.00 Void Analysis of Cores or Marshall Specimens Calculations Only (ASTM 93203) set of 2 or 3 35.00 Laboratory Mixing of Asphalt & Concrete. per sample 50.00 Complete Asphalt Concrete Mix Design (Hveem or Marshall) By Quote Extraction of Asphalt and Gradation (ASTM 02172, Method B) Or California 310, including ash correction. each 150.00 Extraction of Rubberized Asphalt and Gradation. each 170.00 Specific Gravity (ASTM D2726 or ASTM 01188) uncoated ' coated Immersion -Compression Particle coating (ASTM 2489) Stripping (ASTM 01664) Moisture or Volatile Distillates 0 paving mixtures. or materials containing petroleum products or byproducts 120.00 Retained Strength (ASTM 01074/01075) 6 specimens By Quote Retained Stability. Mil. Std, 520A, Method 104, 6 specimens By Quote CBR, ASTM 01883, including M/D curve, 1 point 210.00 Asphalt Temperature 15.00 85.00 95.00 400.00 45.00 50.00 STRUCTURAL STEEL Tensile Test, 411 Bar or Smaller. each Bend Test, 411 Bar or Smaller. each - Tensile Test. 414 Bar. each Tensile Test, 018 Bar. each Rebar Coupler tensile test Tensile Test. Welded 411 Bar or Smaller, each Tensile Test, Welded 414 Bar. each Tensile Test- Welded 618 Bar. each Tensile Test_ Mechanically Spliced Bar, 0111 Bar or Smaller each 150.00 Tensile Test. Mechanically Spliced Bar, 414 Bar, each .... _. _310.00 45.00 40.00 115.00 310.00 65.00 50.00 110.00 300.00 Converse Consultants MTS 2011 Page 1 of 2 (See Reverse) HIGH STRENGTH BOLT, NUL AND WASHER TESTING Wedge Tensile Test for A400 Bolts Under 100.000 lbs. each 45.00 Over 100,000 lbs, each 55.00 Wedge Tensile Test for A325 Bolts Under 100.000 lbs. each 50.00 HIGH STRENGTH BOLT, NUT, AND WASHER TESTING, continued Tensile Test—Anchor Bolts, tested with displacement transducers. each 300.00 Nut - Hardness, Proof, and Cone Proof Load Test. each 50.00 Washer - Hardness, each 30.00 A325 or A490 — Bolt hardness only, each 35.00 Bolt A325 or A490 Wedge Tensile Under 100,000 lbs. and Hardness. each 80.00 Wedge Tensile Over 100,000 lbs, and Hardness, each .__.100.00 Bolt, Nut, and Washer - All Tests per set with bolts Under 100.000 lbs 250.00 Over 100,000 lbs 350.00 NOTES: (1) See Geotechnical Laboratory Testing Schedule of Fees for soil testing. (2) Hourly rates are available upon request. (3) Field laboratory rates are available upon request. (4) Listed unit rates are based upon the assumption that samples will be delivered to our laboratory at no cost to Converse. Converse ConsuRants OTS2011 Pane 2of2 CONVERSE CONSULTANTS Schedule of Fees Geotechnical Laboratory Testing City of Temecula - On Call Services for 2021-2012 Fiscal Year Compensation for laboratory testing services will be made in accordance with this fee schedule, Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on 000 -contaminated soil, A surcharge will be charged for handling contaminated material, which will be determined based on the project. IDENTIFICATION AND INDEX PROPERTIES TESTS Visual Classification, ASTM D2488 8.00 Engineering Classification, ASTM D2487 15.00 Moisture Content a Moisture Content & Dry (Bulk) Density, ASTM D2216 & D2937 15.00 a Moisture Content, ASTM D2216 10.00 Shrinkage Limit, ASTM D427 85.00 Atterberg Limits, ASTM D4318 a Several points 195.00 a One point 40.00 Particle Size Analysis, ASTM D422 a Fine Sieve (From +#200 to #4) 80.00 80.00 = Hydrometer 150.00 Percent Passing #200 Sieve, ASTM 01140 45,00 Specific Gravity a Fine (passing 04 sieve), ASTM D854 70,00 a Coarse (retained on 04 sieve), ASTM C127 70.00 Sand Equivalent Test 110.00 Double Hydrometer Dispersion, ASTM D4221 150.00 a Coarse Sieve (From +#200 to 3 in) COMPACTION AND BEARING STRENGTH Standard Proctor Compaction, ASTM 0698 or ASTM D1557-91 a Method A or i3 120.00 a Method C (6 -inch mold) 130.00 California Impact Method (Caltrans 216) 200.00 R value ASTM D2844 240.00 California Bearing Ratio (CBR), ASTM 01883 a 1 point 125.00 a 3 point 325.00 Relative Density a 0.1 cubic foot mold 200.00 a 0.5 cubic foot mold 300.00 SHEAR STRENGTH Torvane/Pocket Penetrometer 20.00 Direct Shear (per point) a QtIICk Test 60.00 Consolidated - Drained (granular soil) ASTM D3080 140.00 a Consolidated - Drained (fine grained soil), ASTM 03080 200.00 Consolidated - Undrained (fine grained) 120.00 a Residual Strength, per Cycle 45.00 = Remolded Specimens, per specimen 45.00 STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS (PER POINT) Unconfined Compression, ASTM 2166 75.00 Unconsolidated - Undrained, ASTM 02850 110.00 Consolidated --Undrained (per point) 700.00 Consolidated -- Drained (per point) 700.00 With Pore Pressure Measurement, per load 150.00 Remolded Specimens, per specimen 45-00 CONSOLIDATION AND SWELL COLLAPSE TESTS Converse Consultants GLT2009 3 Load Increments 180-00 Additional load increment 30.00 Time -Ratio, per load increment 60.00 Single Point (collapse test) 60.00 Single Load Swell, ASTM 04546 a Ring Sample, Field Moisture 65.00 Ring Sa niple, Air Dried 65.00 Remolded Sample, per specimen 45.00 Expansion Index Test, UBC 29-2/ASTM D4829 80.00 HYDRAULIC CONDUCTIVITY TESTS Constant Head, ASTM D2434 250.00 Falling Head Flexible Wall, ASTM D5084 300.00 Triaxial Permeability, EPA 9100 350.00 Remolded Specimen, per specimen 50.00 CHEMICAL TESTS Corrosivity (pH, resistivity, sulfates, chlorides) 150.00 Organic Content, ASTM D2974 65.00 Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests_ Nwnorous other earth material physical tests can be performed to our geotechnical laboratories. including rock core, soil cement and soil lime mixture testsTests not listed can be quoted upon request This fee schedule is valid throunh June 30. 2012 Prices are based 00 e assumption that samples are uncontaminated and do not contain heavy m0101acids. cardnegens and/or volatile organics which can he measured by an organic vapor analyzer or pholoionisalion detector with 0 concentration greater than 50 parts-per-mltion (poo). 0110100 testing 1000 ere ba500 00 100 assumption that 00 motor:live clothing will be required to handle samples if Level 0 prolective clothing will he required during handling of samples( s defined in 100 Federal CFR Part 1010 120). then n a 105f. increase in fees presented in this 000040l1 will be applied Level C protective clothing brill b. a 50% increase in roes - Co rvorae will not handle ea mples1h0l require either Level le or Level 4 protection In our geol00hnical laboratories_ Contaminated samples will he returned to the client Uncontaminated samples will be disposed of 30 days after presentation of test results The client must disclose he source of samples. Samples imported from out of slate will be Incinerated after tasting. in accordance with 10quiremenls of the United Stales Department of Agriculture Soil samples obtained within the Stale of California currently. designated quarantine areas will also be incinerator) in occore0nc0 With the requiremool of the State of California. Department of Food and Agriculture. Division of Plant In(iusby. Pest Exclusion A 55.00 incineration leenill be added to eachsampie that is required to be incinerated n accordance with State and Federal law Test resorts requiring plots will be presented in a publishable format genre -elect from computer programs. Otherwise, raw test numbers will be presented A minimum laboratory fee of 550 00 will he charged to n(000111 and 1011111001 results_ Beyond the standard U.5 Maldelivery- specialized transmittal MI be charged at additional 0001 :e l Federal Express. UFS, ec). rrolcchnlcal testing does not :pude 00000rig and/or geologic review and analysis. Typical trinsaroun0 for geotechnical Laboratory testing is bio weeks (or roughly ten working days) To expedite test turn -wound to five working days, a 50S5 increase in the fees in this schedule will be applied Many geotechnical tests require at leas) one week to perform in accordance with the ASTM Or 011ier standard specifications. Fees presented In this schedule for relatively undisturbed disci shear, consolidation or expansion pressure tests are based en the assumption that 22-inch-dianteter(2r110- 1n0h inside diameter) brass ring samples will he provided to the geotechnlcat laooralory for testing Remolded specimens will be compacted in standard 2.5 -inch Out Si,ldiameter brass rings for direct shear. consolidation and expansion pressure less. All fees presented ;ntthis schedule are based of the assumption that the client will deliver samples 1.0 our laboratory at 110 arlddi000] cast 50 Converse Invoices will be issued monthly and are payable on receipt unless olherv;ise agreed upon Interest o(1 50 per month (but not exceeding the maximum ellovt00 by lave) will be payable on any amount not paid within thirty days: payment thereafter to be applied first to accrued interest aro then to the principle unpaid amount The Client shall pay any attorneys' fees or other c0050 incurred to collecting any delinquent amounts. CONVERSE_ CONSULTANTS General Conditions — Right of Entry Client warrants to Converse that it has lull legal right to aulhohze Converse's entry upon Elie real property where Converse's services are to be performed ('Site' herein) and upon all property. if any. required for ingress and egress to the Site. Client authorizes Converse to enter upon the Site and such adjoining properly as is necessary to allow Converse to perform its services. Converse will lake reasonable precautions to minimize any danage to the Site: however. Client acknowledges that during the normal worse of the performance of Converse's services, some damage to the Site may occur. The correction of any damage to the Site (surface or subterranean) shall be the obligation of the Client. Information Supplied by Client Client warrants the accuracy of any information supplied by it to Converse. acknowledges that Converse will not verify the accuracy of such information. and agrees that Converse is entitled to rely upon any such information. Client shall immediatey notify Converse in writing of any data. information or knowledge in the possession of or known to Client relating g to conditions existing al the Site and shall provide Converse with the location. size and depth of any and all underground tanks. piping or structures existing upon the Site. Client shall defend. indemnify and save harmless Converse. its officers. agents and employees from and against any and all claims. costs, suds and damages. including attorneys' tees. arising out of errors. omissions and inaccuracies in documents and information provided to Converse by :aunt Ownership of Data and Documents: Samples All reports. being logs. field data. field notes. laboratory test data, calculations. estimates and other documents prepared by Converse shatl remain the sole property of Converse. Client shall have the right to the use or all data. recommendations, proposals. reports. design criteria and similar information provided to it by Converse ("information° herein); provided. however that the information shaft not he used or relied upon by any oat/ other than Client. save and except as may be required by the design and licensing requirements of the project for which the information is provided: further. such use shall be limited to the particular site and project for which the information is provided. To the extent Client utilizes Converse's information by providing or making the sane available to any third party (e) Client agrees to give written notice to any such third pally that it may not utilize or rely on any aspect of Converse's information and (o) Client agrees to defend. indemnify and hold Converse !armless against any and all claims. demands. costs, losses. damages and expenses. including attorneys fees. that may he asserted against or sought from Converse by any such third party. Clients right to the use of the information is expressly conditioned upon Client's prompt payment to Converse of all sums due under the Client/Converse agreement. In time event of Client's nonpayment or partial payment of said amounts, Client agrees that it shall not use any of he information for any purpose whatsoever and shall return the same to Converse within 2 business days upon demand. Converse erse will retain all samples of soil. rock or other materials obtained in the course of performing its services fora period or thirty (30) days. Thereafter, furter storage or 'transfer of samples to Client may be made at Clients expense upon mitten request from Client to Converse received by Converse prior to the expiration of the 30 -day period. Converse shall retain permanent records relating to the Converse services for a period of tie (5) years Vowing submittal of Converses report. during vksch period the records will be made available to Client upon reasonable notice given by Client and upon payment to Converse of an amount sufficient to reimburse Converse for its necessary and reasonable expenses In making said records available. Standard of Care and Professional Responsibility Client acknovhekges that the services to he performed by Converse involve the use of tests. calculations. analyses and procedures which are In 0 constant state of development. improvement and refinement and that as such. improvements. changes methods. and modifications of pmredur s have been made de 11 Ide past, are now being made, and are expecte(i to continue .o be rade in the future. Further. Client recognizes that while necessary for investigations. commonly used exporafion methods. such as dr ling borings or excavating trenches. involve an inherent risk. For example. ple. exploration on a site containing contaminated ninated materials may result in inducing cross - contamination. the prevention of which may not be compete using presently recognized sealing methods. Client recognizes that the state of practice. including but not limited to the practice relating to contamination or hazardous waste conditions. is changing and evolving and that standards existing at the present time may subsequently change es knowledge increases and rine slate of the practice continues to improve. Client recognizes that projects containing contaminated materials may not perform as anticipated by Client. even though Converse's services are performed in accordance with the level of care and skill required of it Further. certain governmental regulations relating to hazardous waste Converse cenaNWts 00501 sites may purport to require achievement of results which cannot be accomplished in an absolute sense. It is recognized that a satisfactorily designed. constructed and maintained monitoring system may assist in the early detection or environmental changes allowing for early correction of problems. Unless it is specifically included in the scope of services to be performed by Converse, Client understands that Converse shall not perform such monitoring. The services to be provided by Converse pursuant to the agreement to which these General Conditions are a pari shall be provided in accordance with generally accepted professional engineering. environmental. and geologic practice in the area where these services are to be rendered and at the time That senrces are rendered. Client acknowledges that the present standard in the engineering and environmental professions does not include. and Converse does not extend to Client. e guarantee of perfection of the work contemplated hereby: further. that even in the exercise of normal and reasonable care, errors or omissions may from time to time occur. Except as expressly set forth in these General Conditions, no other warranty. express or implwd is extended by Converse. Converse shall have no duty to supervise. coordinate or otherwise be involved in the performance of services or work by any third party consultant contractor or subcontractor. Where Converses services involve field observation of grading, `tiling and compaction (or any of idem). itis agreed: e. That Converse shall in noway be responsible for the manner in which such work is performed by any third party. b. That in the event Converse is to provide periodic observation. Client acknowledges that Converse cannot be responsible for any work performed at a time or times when Converse was not performing its observation sewices. Converse will not provide an opinion concerning the performance of any Ihird party. save and except to the extent That said work was in fact observed and tested by Converse during the course of construction. 0. That where Converse's services include continuous observation, Client agrees not to Blow grading. filling or compaction to be performed etany time or times when Converse is not physically present upon the Site and shall restrict the amount and extent of such grading. Ring and compaction to that which can be properly observed by Converse personnel present on the Site. d. That in the event Converse is to wnduct test borings for Client. Client acknowledges That the accuracy of said test borings relates only to the specific location in which the boning itself was performed and that the nature of many sites is such That diliedng subsurface soil characteristic can be experienced within a small distance. As such. Client acknowledges that greater accuracy is obtained when the number of test borings is increased. Technical Limitations Client acknowledges and agrees that: (1) itis unreasonable to expect Converse to be able to completely evaluate subsurface conditions, even atter the most comprehensive exploratory program (2) site conditions change frequently due to the passage of lime. human activities. and climatic conditions and uncertainties are therefore inherent in the nature of Converses services and impossible to avoid: (3) the identification of geotechnical and environmental conditions and the prediction of future or concealed conditions is an inexact scientific endeavor: (4) the Sate of Ide art of geotechnical and environmental practice is such that Converse cannot guarantee that its recommendations will prove adequate on this prnjed and the Client assumes ide risk of any such failure. except as otherwise provided in hese General Conditions and that (5) these General Conditions contains specific 'llITAiONS OF LIABILITY. Indemnity of Client and Limitation of liability Converse hall ind r i y Client. its officers. directors. agents or employees from any ciaim, demand or liability arising from personal injury or property y los or damage caused by the sole negligence or willful misconduct of Converse. Anything to the contrary in the agreement int to vmidn these Genal Cond'tens are attached or in these Genera Conditions nor athsiano g, Converse's liability shall be limited othe lesser of the fees charged 10 Client by Converse for Inc seNices perfoimed for Client. or he suns of fifty II ousa nd dollars. Client may. at its c,ption increase the maximum amount for which Converse shat) be liable by payment of en additional fee. For the maximum liability sum of one handed thousand dollarsthe additional amount to be mail surer be `our percent of the total Converse fee charged hereunder for the maximum liability sur of one wiltor dollars. the adnttonal amount to be paid shall be live percent of the total Converse fees charged hereunder Client acknowledges and agrees that its recovery, if any. shall be satisfied in the first instance. from the proceeds of Converse's insurance. and to the extent of any deficiency in the available insurance proceeds. then and only then. by Converse. Client acknowledges That Converse has agreed to charge Client e reduced fee for services in exchange for like above limitation of liability and that said reduction in fees is consideration for said limitation. Client shall defend and save harmless Converse. is officers. directors. agents and employee, from al liability. chins and demands. ennud:nb expenses of suit and reasonable attorneys' fees arising from personal injuries. including disease and death. property loss or damage, injury to others (including personnel of Client. Converse or subcontractors performing work hereunder). and air or ground pollution or environmental impalement arising g art of or In any manner connected with or related to the performance of Converse's services_ except where there is a judicial determination that such injury- loss or damage shall have been caused by the sole negligence or willful misconduct of Converse. Client acknowledges that Converse has charged Client a reduced fee for services to be performed by it in exchange for this hold harmless and that the reduction in fees is consideration for said hold harmless provision. Converse wit not be liable for consequential damages of any kind. nature or description. Hazardous Waste, Pollution and Health Hazard Projects ("Hazardous Projects" Herein) Prior to the commencement of services by Converse on any hazardous project, Client agrees to advise Converse in writing of any known hazardous waste or materials existing on or near the Site or if any of said services are to be performed in an area where dust. fumes. gas. noise. vibrations or other particulate or nonparticulate matter is in the atmosphere where it raises a potential or possible health hazard or nuisance to anyone working within the area. Anything in these General Conditions notwithstanding. Client shall indemnify and hold Converse. its officers. directors, agents, servants and employees. harmless from any claim. demand or action brought by any parry whomsoever_ including employees of Converse which claim. demand or action is based upon injury or damage caused or alleged to have been caused by hazardous wastes or hazardous materials whether or not such waste or materials were known to exist prior to the commencement of services. Client agrees to be responsible for the removal and disposal of any hazardous waste uncovered as a result of the site investigation. including drill cuttings. unless specifically included within the scope of work It agreed that rine discovery of unanticipated hazardous materials constitutes a changed condition mandafing an immediate renegotiation of the scope of services or termination of services. Converse will al all limes endeavor to perform in a faithful and trustworthy manner. Client understands that Client or Converse may be required by local andlor slate and/or federal statute to report the discovery of hazardous materials to a government agency. Client also understands that Converse may be required by tonal andlor stale anokor federal statute to report the discovery of hazardous materials to a government agency. and that Converse. when practical. will do .so only after notifying Client In the event Converse discovers hazardous material that we believe poses an immediate threat to public health and safely. Converse will use its hest judgment to notify appropriate emergency personnel for immediate containment. Client gees to take no aeon of any kind against Converse, when Converse makes a good- faith ood`aith effort to fulfill is obligations. Client's Responsibilities Client shall immediately provide Converse with full information in writing as to Clients requirements for the services to be provided by Converse and stall designate in writing within five (5) -fors of the effective ective ,ate of the agreement to which these General Co althorn are a part. a representative to act on Clines ieh rt in coniunction with the services to be provided hereunder. Cient shall promptly review all documents. reports. data and recommendations submitted by Converse and shall communicate with Converse concerning such reviews for ,he purpose of avoiding delay in the penormance of the services to be rendered by Converse. Client shall notify any third party v410 may perform 00 the Site of the standard of care being undertaken by Converse pursuant hereto and of the imitations of liability contained herein. Client shall require as a condition to the performance of any such third party a like indemnity and limitation of liability on their pan against Converse_ Confidentiality Converse shall hold all information provided to it by Client and the resu(s of the work performed by it confidential and shall not disclose the same to any third party except where required by Governmental regulatory agencies or otherwise required by taw. Disputes Converse erse shall have the right to brim a legal action in a state or federal court against Client for any 51 10)5 due 01 al. gel to be da to it or for services rendered Except for lis rill. Converse and Client agree that as an express condition to the right of -either party to b ing legal action against the other. they snail first submit any dispute to mediation by a neutral person acceptable to both parties. bash on. iy :Mail bear is own attorneys! fees, costs and eider expenses. except that each party s.. it be responsible and pay for one-half of the posts and expenses of the mediator. I n the cent that [riga! action s required. the prevailing party gail be entitled to recover ail of its costs s i tcurred in connection [herewith including, without limitation. staff time. court costs. attorneys' fees.consultant and expert witness ess tees and any other related expenses. In this rg.d. to oder to rake the prevailing party whole. the padies acknowledge and agree that the prevailing parry shat be entitled to recover all of its costs incurred in connection with the 1egal action and shalt not be limited to 'reasonable attorneys as defied in any statute orale of court. The obligations. responsibilities. warranties nd liabilities of the partes shall be solely `hose expressly set brio herein. Remedies and limitations of liability shall apply regardless of whether an action is brought in contract. oris based on either partys negligence, or another theory of law. All of the rights_ remedies. obligating. terms. conditions and limitations of ttability stated) herein shall extend adteotively to and be binding upon the parties' partners. joint ventures. licensors. successors_ assignssneers. and affiliates. Client and Converse agree that any legal action with respect to the services to be performed under these Genera: Conditions ahs h ll ole brought against the parts. and not against individual officers. emp oyees or formed ,_err, -ogees of the parties. 811 legal actions by either party against the ober for breach of these General Conditions or for the failure to perform in accordance with the ocemerw casw9znrs 00994 applicable standard of care_ however framed, that are essentially based upon such have known or falure .,ugh to barred 018 1). years fromany the tune slater th n touw or (4) years baneubsia ti Rs rcpt to noC a clan. but. in my event, not later than (our in) years from substantial completion of Converse'sservices- Johsite Safety Converse shall be responsible for its activity and that of its employees on the Site. This shall not be construed to relieve the Client. is general contractor or any subcontractor of their obligation to maintain a safe jobsile. Neither the professional activities nor the presence of Converse or its employees and subcontractors shall be understood to control the operations of others, nor shall it be construed to be an acceptance of the responsibility for jobsile safely. Converse will not direct. supervise or lay out the work of the Client. contractor. or any subcontractors. Converse's services will not include a review or evaluation of the adequacy of the contractors safety measures on or near the Site. Schedules Unless otherwise specified in the agreement Converse shall be obligated to perform within a reasonable period of time Converse shall not be responsible for delays in the completion of its services created by reason of any unforeseeable cause or causes beyond the control anther without the fault or negligence of Converse. including but not restricted to acts of God or the public enemy. acts of the Government of the United States or of the several states. or any foreign country. or any of linen acting in their sovereign capacity. acts of ether contractors with Client. fire. floods. epidemics. riots. quarantine rest pitons. strikes, civil insurrections freight embargoes. and unusually severe weather. Should completion of any portion of the services to be rendered by Converse be delayed beyond the estimated date of completion for any reason which is beyond the control of or without default or negligence of Converse. then and in that event Client and Converse shall mutually agree on the terms and conditions upon which Me services may be continued or terminated. Invoices Converse shall subunit monthly progress invoices to Client and a final bill shall be submitted upon completion of the services. Wihin thirty (30) days after receipt of an invoice. Client shalt pay the full amount of the invoice. If Client objects to all or an,/ portion of any invoice. it shall so notify Converse of the same within fifteen (1.5) days from the date of receipt of said invoice and shall pay that portion of the invoice not in dispute. and the parties shall immediately make every effort to settle the disputed portion of the invoice. If Client fails to make payment within thirty (30) days alter receipt of an invoice. then Client shall pay an additional monthly service charge of one and one half percent (1 5) on all SliCil amounts ors outstandinr The additional charge shall not apply to any disputed portion of ar y invoice resolved in favor of Client. In the event Client fails to pay any undisputed amount to Converse when due. Converse may immediately Gately cease work until said payment together with a service 0110090athe rate of I V, per month. as specified above. from the due dale has been received. Further. Converse may. at its sole option and discretion. refuse to perform any further work irrespective of payment from Client. In the event that all or any portion of the l % service charge provided for herein is deemed to be an interest charge, then and in that event said interest charge shall be limited to the maximum amount legally aitowed by law - Client a knewiedges Converse's fee schedules are revised annually and agrees that the fee schedule an effect at the time the services are performed shall apply to such services. Insurance Converse represents that it now carries. and will continue to carry during the term of the contract to wdlch these General Conditions area tart, Workers Compensation insurance and that requested. Converse shall provide to Ciient certificates as evidence of the aforementioned insurance_ Assignments Client snarl not assign this contract or any portion hereof to any other person 01 entity without he express wnitee consent of Converse_ Nothing contained in this contract or any part `hereof shall be construed to create aught in any third party whomsoever. and nothing herein shall inure to the benefit of any laird party. Severability if any provision of these General Conditions is finally determined to be contrary ry to. prohibited bv. or invalid under applicable taws or regulations. 511011 provision will be renegotiated so as to give effect to the intent of the parties to tine maxirCirm possible extent. Such determination and renegotiation shall not affect of invalidate the remaining provisions or these General Conditions. Governing Law These General Conditions shall be governed by and constnied under the taws of the State of Ca!fornia. AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND CONSTRUCTION TESTING ENGINEERING, INC. GEOTECHNICAL AND MATERIAL TESTING SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Construction Testing & Engineering, Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2015. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 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 Ag ree me nt. 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 by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.qov. 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 $50.00 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 Agreement. 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 One Hundred Thousand Dollars and No Cents ($100,000) annually 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 mariner 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 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 riot make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 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 ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional 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: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 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 shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their 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 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at 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 mariner 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 riot 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 riot be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall riot 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT Construction Testing & Engineering, Inc. 14538 Meridian Parkway, Suite A Riverside, CA 92518 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 Ag ree me nt. 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 that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 1. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CONSTRUCTION TESTING & ENGINEERING, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Tom Gaeto, President Rodney Ballard, Vice President Peter M. Thorson, City Attorney CONSULTANT Construction Testing & Engineering, Inc. 14538 Meridian Parkway, Suite A Riverside, CA 92518 (951) 571-4081 (951) 571-4188 Fax FSM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: SCOPE OF SERVICES • Subsurface exploration including but is riot limited to the following: o In-place moisture and density tests o Laboratory maximum density and optimum moisture tests o Sieve Analysis o R -value o Direct shear tests o Consolidation or collapse tests o PH, resistivity, soluble sulfate, and chloride tests • Logs of the exploratory borings summarizing the subsurface conditions encountered, results of laboratory testing, and a plan indicating the location of the explorations. • Seismicity. • Geotechnical evaluation and recommendations including but riot limited to the following: o Grading o Earthwork o Settlement Considerations o Surface and Subsurface Drainage o Foundation, Column, and Slab Recommendations o Slope Stability o Soil Sulfate Content Implications o Utility Trench Backfill o Retaining Walls and recommended lateral earth pressures used for design o Pavement Design o Grading and Foundation Plan Review o Construction Monitoring o Pile driving, if necessary o Lateral Earth Pressures • Discussion of the existing pavement or site conditions • Recommendations for removal of unsuitable material • Soil Ferrous corrosivity and Portland Cement attack potential • Environmental concerns/hazards • Review of available geologic maps and reports for the region • Discussion of the material encountered in the borings and measured engineering properties • Preparation of field and final compaction reports as required. A summary of findings and recommendations in the report • Review of project plans & specifications with emphasis on geotechnical and laboratory materials testing services and attend progress meetings as required. • Observation and field testing services during all phases of site grading (including but is not limited to removal of unsuitable soils, approval of areas to receive fill and mass fill placement) • Field observation and testing during trench backfilling operations • Field density testing during subgrade and base compaction • Field sampling & testing of base and asphalt concrete • All necessary laboratory tests to support fielled services and to satisfy Caltrans and other regulatory agency requirements • Batch plant inspections • Structure backfill observation and testing • Concrete sampling and testing • Consulting services requiring corrective and/or remedial recommendations, if necessary EXHIBIT B Payment Rates and Schedule See attached. June 14, 2011 Exhibit B CONSTRUCTION TESTING & ENGINEERING, INC. 14533 LIERiCIAN PAR(WAY. 59111 A I RIVERSIDE_ CA 32513 1351.51Lr0?I I FAX 351.571 4133 City Of Temecula Department of Public Works 41000 Main Street Temecula CA 92589-9033 951-694-6444 SUBJECT: CTE FEE SCHEDULE FOR THE: RFP FOR ANNUAL AGREEMENT FOR GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS APPROVED FOR FY 2011-2012 Dear City of Temecula: Construction Testing and Engineering, Inc. (CTE) is pleased to present the attached proposal for the Annual Agreement for Geotechnical and Material Testing Services for the City's Public Works Dept. CTE intends to perform all services as specified within the City's Standard Professional Services Agreement in its present form, and will submit certified payrolls for the applicable trades, COMPETITIVE ADVANTAGE CTE has a competitive advantage over other firms for the following reasons: • All of our services are provided from our own facilities. • CTE does not have ANY 'hidden' costs in proposals. For example there will never be a separate charge for mileage or sample pick up. Everything that is invoiced is identified in the proposal. • GTE's Professional Knowledge Sharing Resources • Certified / Qualified Inspectors and Technicians (ICC, AWS, DSA, NICET, City, ACI, Fire & Life Safety) • Certified Laboratories (AMRL/CCRL, AASHTO, CALTRANS, USAGE, NAVFAC, DSA) • Electronic Report Documentation / Dissemination / FTP Site • 22 YEARS EXPERIENCE IN SOUTHERN CALIFORNIA PROJECT BUDGET CTE recognizes in this time of ever shrinking budgets, many Cities like Temecula are looking for ways to save money on projects and to justify how and where tax dollars are spent. One way CTE has developed to save our clients money is to not use the industry billing standard of the 4, and 8 hour blocks of time, but to instead bill our clients for time on site rounding up to the nearest hour, plus one hour. While this may only save the City of Temecula 1 June 14, 2011 Construction Testing and Engineering, Inc. Fee Schedule Agency an hour here or there the savings does add up over time, thus making the most efficient use of tax dollars. We request that while considering our proposal; please keep in mind that our rates include review and distribution of all reports. No additional charges for travel, mileage or administrative work will be added. We don't nickel and dime our clients with miscellaneous charges for things like "Nuclear Gauge rental" CTE is small enough to be flexible to your needs yet large enough to provide quality services in a timely and efficient manner. PROJECT BUDGET SAVINGS CTE employs several multi -carded Soil Technicians who could also provide concrete inspection as needed. Through efficient use of staff assigned to the project and our ability to utilize multi -registered technicians who could perform several functions during a single site visit; the City would be able to realize substantial savings on future projects. CERTIFIED AND ACCREDITED CTE's construction material testing and special structural inspection capabilities include field inspection and material testing required to be performed on most construction projects. CTE can perform California and Uniform Building Code, Federal, State, and local municipality requirements for construction inspection and constriction materials quality testing. CTE employs a large staff of ICC -certified and City -certified inspectors for concrete, post -tension concrete, masonry, structural steel, fireproofing, building inspection, and mechanical, plumbing, and electrical inspection. Many whom live in Temecula. CTE is fully certified and accredited by all federal, state, and local regulatory agencies in California (including DSA) and Nevada who certify Construction Quality Assurance Inspection Agencies. These include the following: • State of California Division of the State Architect (DSA) • AASHTO / AMRL / CCRL • US Army Corps of Engineers • US Naval Facilities Engineering Command (NAVFAC) • CTE continues to maintain our inspection proficiency program with AMRL/CCRL and is an active participant in CCRL Proficiency Sampling Program DESIGNATED PRIMARY POINT OF CONTACT The Designated Primary Point of Contact is Branch Manager, Vince Patula, RCE. He can be reached at (951) 571-4081, ext 6210. Vince has over twenty-five years experience in the geotechnical and materials testing and inspection industry. He has been with CTE for eight -teen years, and, will oversee all activities associated with and future projects including planning and personnel assignment, laboratory operations, report production, verification and validation, and accounting. City of Temecula 2 June 14, 2011 Construction Testing and Engineering, Inc. Fee Schedule Tiffany Hilborn is designated the Client Representative for the project and should be called if Mr. Patula is unreachable. Tiffany has a degree in Geology and over 10 years construction experience. CTE will perform all services and will be available to the City 24 hours a day without the assistance of sub -consultants. CLOSING CTE has the necessary resources and technical knowledge to guarantee that the services required for your projects are provided within your budget, timetable and quality expectations. We thank you for the opportunity to submit our proposal and look forward to working with. Please contact us at (951) 571-4081 or (951) 552-5732 if you have any questions or if I may be of assistance to you. I can also be contacted via email at Tiffany(cDcte-inc.net. Sincerely, CONSTRUCTION TESTING & ENGINEERING, INC. G\; Tiffany Hilborn, Business Developm8nt 14538 Meridian Parkway, Suite A Riverside, CA 92518 PI 951.571.4081 Fl 951.571.4188 CI 951.552.5732 City of Temecula 3 June 14, 2011 Construction Testing and Engineering, Inc. Fee Schedule Tiffany Hilborn tiIra ny©cte-inc.net 951.552.5732 Materials Testing and Inspection Services: Fee Schedule SsmySl72'E'.r,�`:d. '+vfim:`A.u.+'.$�saeac„ez=.v, coreaa-iv� Reinforced Concrete Inspection ACI Concrete Technician PT Concrete Stressing Inspection Concrete Batch Plant Inspection Reinforced Masonry Inspection Field Weld/Bolting Inspection: Epoxy Bolt/Dowel Inspection: Nailing Inspection Registered Special Inspector- Field Welding Registered Special Inspector - Shop Welding Non -Destructive Testing Inspector - Field Non -Destructive Testing Inspector - Shop Registered Special Inspector - Welding Hand Rail Registered Special Inspector - Welding Stair Rail Shotcrete Inspection Fireproofing Inspection Shot -Pins Pull Out Testing: Ceiling Wire Hangar Pull Tests: Concrete Mix Design Review Sodium Sulfate Tests Reactivity Tests Base plate Grout Compression Testing Base plate Grout Inspection Grout Mix Design Review Concrete Compression Tests Masonry Unit Conformance Masonry Composite Prism Tests - 8"x 8"x 16" Masonry Coring - 1 Man Crew Masonry Core Compression Tests Masonry Shear Tests Mortar Compression Tests Grout Compression Tests Fireproofing Density Test Fireproofing Adhesion/Cohesion Test Sample & Tag Rebar Rebar Bend Test - Y 11 Bar and Under Rebar Tensile Test - 4 11 Bar and Under Sample Pickup Letter of Affidavit 370 Hourly 570 Hourly 370 Hourly 570 Hourly 370 Hourly 370 Hourly 370 Hourly 370 Hourly 370 Hourly 370 Hourly $80 Hourly 380 Hourly 370 Hourly 370 Hourly 375 Hourly 370 Hourly 370 Hourly 370 Hourly 3190 Each 370 Each 5150 Each 520 Each 565 Each 5190 Each 320 Each Quote Each 595 Each $85 Hourly 530 Each 360 Each 320 Each 520 Each $20 Each 568 Each 368 Hourly 535 Each 530 Each 530 Each 3150 Each Geotechnical Testing Services: June 2011 ?t.:k,'sr'`a..xS-aw,.,?m�.,ai����vr ritixam�`Twr;F¢;u'vcr�ks*'�aiSS��a�2o:.:Ct..riillfrs Soils Technician (Compaction Test - Fine Grading, Over -Ex) Soils Technician (Compaction Test - Trench / Wall Backfill) Soils Technician (Compaction Test - Pavement SG / Base) Asphaltic Paving Inspection Footing Inspection - Engineer / Geologist Shoring Inspection Lab Maximum Density Test Expansion Index "R" Value Testing Sieve Analysis Compaction Reports Misc. Engineering Services Sr. Geologist Services Sr. Engineer Services 572 Hourly S72 Hourly $72 Hourly $72 Hourly 390 Hourly 390 Hourly 3175 Each 3120 Each 5220 Each 330 Each Quote Each $90 Hourly 5100 Hourly 5110 Hourly We request that while considering our proposal; please keep in mind that our rate include review and distribution of all reports. No additional charges for travel, mileage or administrative work will be added. we don't nickel and dime our clients with miscellaneous charges for things like "Nuclear Gauge rewrap GTE is small enough to be flexible to your needs yet large enough to provide quali y services in a timely and efficient manner. One way GTE has developed to save our clients money is to not use the industry filling standard of the 4 and 8 hour blocks of time, but to instead bill our clients for time on site rounding up to the hour, plus one hour. While this may only save an hour here or there the savings does add up over time, thus making the most efficient use of your budget. GENERAL CONDITIONS: The above Fee Schedule is based on billing lime -on site plus one hour using a live day work week: all overtime will be billed at 1.5 times regular rate. Same day cancellations or show up time be situations will be subject to the two-hour minimum charge. Please note That all inspector and technician rates will increase every July I, commensurate with Local 12 document annual increase. Construction Testing Engineering, Inc. AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND LEIGHTON CONSULTING, INC. GEOTECHNICAL AND MATERIAL TESTING SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Leighton Consulting, Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2015. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 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 by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -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 $50.00 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 Agreement. 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 One Hundred Thousand Dollars and No Cents ($100,000) annually 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 mariner 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 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 entitled "PAYMENT" herein. 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 ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional 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: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 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 shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their 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 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at 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 mariner 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 riot 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 riot be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall riot 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT Leighton Consulting, Inc. 41715 Enterprise Circle N., Suite 103 Temecula, CA 92590-5626 The Consultant shall riot 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 Ag ree me nt. 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 that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 1. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA LEIGHTON CONSULTING, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT By: Thomas C. Benson, Jr./President/CEO Terrance M. Brennan, CFO Leighton Consulting, Inc. Simon Saiid, Principal Engineer 41715 Enterprise Circle N., Suite 103 Temecula, CA 92590-5626 (951) 296-0530 (951) 296-0534 Fax FSM Initials: Date: 002 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: SCOPE OF SERVICES • Subsurface exploration including but is riot limited to the following: o In-place moisture and density tests o Laboratory maximum density and optimum moisture tests o Sieve Analysis o R -value o Direct shear tests o Consolidation or collapse tests o PH, resistivity, soluble sulfate, and chloride tests • Logs of the exploratory borings summarizing the subsurface conditions encountered, results of laboratory testing, and a plan indicating the location of the explorations. • Seismicity. • Geotechnical evaluation and recommendations including but riot limited to the following: o Grading o Earthwork o Settlement Considerations o Surface and Subsurface Drainage o Foundation, Column, and Slab Recommendations o Slope Stability o Soil Sulfate Content Implications o Utility Trench Backfill o Retaining Walls and recommended lateral earth pressures used for design o Pavement Design o Grading and Foundation Plan Review o Construction Monitoring o Pile driving, if necessary o Lateral Earth Pressures • Discussion of the existing pavement or site conditions • Recommendations for removal of unsuitable material • Soil Ferrous corrosivity and Portland Cement attack potential • Environmental concerns/hazards • Review of available geologic maps and reports for the region • Discussion of the material encountered in the borings and measured engineering properties • Preparation of field and final compaction reports as required. A summary of findings and recommendations in the report • Review of project plans & specifications with emphasis on geotechnical and laboratory materials testing services and attend progress meetings as required. • Observation and field testing services during all phases of site grading (including but is not limited to removal of unsuitable soils, approval of areas to receive fill and mass fill placement) • Field observation and testing during trench backfilling operations • Field density testing during subgrade and base compaction • Field sampling & testing of base and asphalt concrete • All necessary laboratory tests to support field services and to satisfy Caltrans and other regulatory agency requirements • Batch plant inspections • Structure backfill observation and testing • Concrete sampling and testing • Consulting services requiring corrective and/or remedial recommendations, if necessary EXHIBIT B Payment Rates and Schedule See attached. %i.niaa:-• qr.". r evemplifarg.„,,„16111, kz 41- ge?, 71 -fa Atefitag.:3180SIMIEStagiftkatitz't. CVZ,KiSitaavtiNtsSi‘,5V,SYli.;PAVSbiSlii..4;;IkteaAn et. acai: -.4„,*„„*Ikoz.trak.0.4:/aAiali:740,,,,Okikskyamd„24,4:0; „ .;•„ • C454 0 „:". „„••,„ Akan, ..>k .,ZMASSMS!..34„ 1,. r.,,-;,4aimmulirmm. rig ,A1A5gowtevitSirr t teM • , . • , et, 0 .,,.. Af3Ci. 4.i?Ve .fie,04- W, ,;: tagto (,, ,wo , 0 CITY OF TEMECULA 2011-2012 ANNUAL AGREEMENT FEE SCHEDULE * PROFESSIONAL. SERVICES Hourly Rate Special Inspection/Technician-Materials (Prevailing Wage)** $86 Laborer (Prevailing Wage) ** $86 Soil/Field Technician (Prevailing Wage) ** $86 Materials Inspection Manager $94 Staff Engineer/Geologist/Scientist/Field Supervisor $107 Senior Staff Engineer/Geologist/Scientist $119 Project Engineer/Geologist/Scientist/Operations Manager $136 Senior Project Engineer/Geologist/Scientist $153 Associate $170 Principal $183 Senior Principal $221 Hourly Rate Project Administrator /Word Processor 567 Information Specialist 90 CAD Operator 94 GIS Specialist 107 Miscellaneous Hourly Rate Vehicle usage $13 Effective through Fiscal year 2012, after which remaining work will be billed at then -current rates. " Prevailing wage rates presented in this fee schedule are representative of the July 1, 2011 increase. Prevailing wage time accrued will include portal to portal travel time. Subject to change based upon project advertised date and changes in California prevailing wage rates. a611-00'28j,oap Leighton Consulting iii PRICE City Of Temecula 2011-2012 Annual Agreement UNIT RATE GEOTECHNICAL (SOILS) LABORATORY TESTING Task Classification and Index Properties 8002 Moisture Content 8003 Moisture and Density (Ring Samples) 8004 Moisture Content & Density (Shelby tube or requires cutting) 8005 Atterberg Limits (3 points) 8006 Single Point / Non -plastic 8024 Atterberg Limits (Organic) 8007 Visual classification of point as non -plastic 8008 Particle Size: Sieve ONLY (1%. -inch to 4200) 8023 Large Sieve (6 -inch to 1(200) 8009 Hydrometer ONLY 8010 Sieve + Hydrometer (s3 -inch sieve) 8011 Dispersive Characteristics of Clay Soil (Double Hydrometer) 8012 Specific Gravity: Fine (passing 44) 8013 Coarse (retained on 1/4) 8014 Total Porosity — On Shelby tube sample 8015 Total Porosity — On other sample 8016 Photograph of sample 8017 Shrinkage Limits (Wax Method) 8018 Pinhole Dispersion 8020 Percent Passing 4200 Sieve wash ONLY 8021 As -Received Moisture and Density ("chunk" or carved samples) 8022 Sand Equivalent (SE) Soil Chemistry and Corrosivity 8050 pH 8051 Electrical Resistivity — single point — in-situ moisture 8052 Minimum Resistivity (>_3 moisture content points) 8053 pH + Minimum Resistivity 8054 Sulfate Content - Gravimetric 8055 Sulfate Screen 8056 Chloride Content 8057 Corrosion Suite: pH, Chloride, Minimum Resistivity & Sulfate (gravitnetrlc) 8058 Organic Matter Content Shear Strength 8070 Pocket Penetrometer 8072 Direct Shear (3 points) Consolidated Undrained -0.05 in./min. 8073 Direct Shear (3 points) Consolidated Drained - <0.05 in./min. 8074 Residual Shear (price per each additional pass after shear) 8075 Remolding or Hand Trimming of specimens (3 points) 8076 Oriented or Block Hand Trimming (per hour) 8077 Daily equipment usage rate (after 2 days) 8079 Single Point Shear 8080 Torsional Shear calculated from Compaction and Pavement Subgrade Tests 8094 Standard Proctor Compaction (Maximum Density), 4 points 8092 4 inch diameter mold 8093 6 inch diameter mold Modified Proctor Compaction (Maximum Density), 4 points 8100 4 inch diameter mold 8101 6 inch diameter mold 8102 Check Point p 1866 -Leighton Fee Schedule page 2 1 8 Method ASTM D 2216 ASTM D 2937 ASTM 0 2937 ASTM D 4318 ASTM D 4318 ASTM D 2487/4318 ASTM D 2488 ASTM D 422 ASTM D 422/C136 ASTM D 422 ASTM D 422 ASTM D 4221 ASTM D 854 / CTM 207 ASTM C 127 / CTM 206 density & specific gravity ASTM D 4943 ASTM 0 4647 ASTM D 1140 ASTM D 2419 /CTM 217 Method CTM CA Test 532/643 CTM CA Test 532/643 CTM CA Test 532/643 CTM CA Test 417 Part!! HACH kit CTM CA Test 422 CTM CA Test 532/643 ASTM 2974 Method ASTM 0 3080 mod. ASTM 0 3080 EM 1110-2-1906-IXA Method ASTM D 698 Methods A and 8 Method C ASTM D 1557-07 Methods A and B Method C per point Per Test 520 30 40 150 84 182 11 110 175 110 185 89 125 100 137 105 11 126 210 70 58 105 Per Test 842 42 89 131 68 32 68 245 63 Per Test S16 285 345 50 90 65/hour 35/day 105 820 Per Test 5182 215 220 245 65 Leighton City Of Temecula 12011-2012 Annual Agreement UNFIT RATE GEOTECHNICAL (SOILS) LABORATORY TESTING (Continued) Task Compaction and Pavement Subgrade Tests (Continued) 8000 Relative Compaction of Untreated & Treated Soils & Aggregates (Caltrans CTM 216: Caltrans wet density compaction curve) 8103 Relative Density (0.1 cubic foot mold) 8104 California Bearing Ratio (CBR) -- 3 point 8105. -1 point' Compaction (Maximum Density) should also be performed - not included in above prices 8090 R -Value - Untreated CTM 301 8091 R -Value - Lime or cement treated soils (c7% additive) CTM 301 Method Per Test CTM 216 8250 ASTM D 4253, D 4254 ASTM D 1883 Triaxial Tests 8120 Unconfined Compression Strength of Cohesive Soil (with stress/strain plot) 8121 Unconsolidated Undrained Triaxial Compression Test on Cohesive Soils (USAGE Q test) (per confining stress) 8122 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (CU, USAGE R -bar test) with Back Pressure Saturation & Pore Water Pressure Measurement (per confining stress) 8123 8124 8125 8117 8118 8119 8169 Consolidated Drained Triaxial Compression Test (CD, USAGE S test) with Volume Change Measurement (Price per soil type below) • Sand or silty sand soils (per confining stress) • Silt or clayey sand soils (per confining stress) • Clay soils (per confining stress) • Three -stage Triaxial Tests (sand or silty sand soils) • Three -stage Triaxial Tests (silt or clayey sand soils) • Three -stage Triaxial Tests (clay soils) Remolding of Test Specimens Consolidation and Expansion/Swell Tests 8140 Consolidation (11 loads up to 16 ksf & unload to 0.25 with strain vs. load curve and one time -rate -of -consolidation curve) 8141 Each additional Time Curve 8142 Each additional load/unload w/o Time Reading 8143 Expansion Index (EI) 8145 Swell/Collapse Test — Method A (Up to 10 load/unloads w/o tirne curves) 8146 Single Load Swell/Collapse Test - Method B (Seat load, and inundate only) 8148 Collapse Potential of Soils Hydraulic Tests 8162 Triaxial Permeability in Flexible -Wail Permeameter with Backpressure Saturation (at One Effective Stress) 8163 - Each Additional Effective Stress 8164 - Hand Trimming of Soil Samples for Horizontal K 8169 Remolding of Test Specimens 8174 Permeability of Granular Soils (Constant Head) Soil -Cement 8106 Moisture -Density Relations of Soil -Cement Mixtures 8107 Wet -Dry Durability of Soil -Cement Mixtures* 8130 Compressive Strength of Molded Soil -Cement Cylinders" (per cylinder) 8161 Soil -Cement Remolded Specimen' (for shear strength, consolidation, etc.) `Compaction (ASTM D 558 maximum density) should also he performed - not p 1866 -Leighton Fee Schedule page 3 8 a Method ASTM D 2166 ASTM D 2850 ASTM D 4767 EM 1110-2-1906(X) Method ASTM D 2435 ASTM D 4829-08 ASTM D 4546-A ASTM D 4546-B ASTM D 5333 236 500 184 310 338 Per Test $135 168 375 375 500 705 656 875 1,234 65 Per Test $195 45 42 131 289 105 220 Method Per Test EPA 9100/ASTM D 5084 $310 (Falling Head Method C) ASTM D 2434 Method ASTM D 558 ASTM D 559 ASTM D 1633 included in above price 121 58 65 5135 Per Test 5240 1,205 60 2.36 Leighton City Of Temecula 1 2011-2012 Annual Agreement MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES Task Technician Services 6236 In-situ surface Wenner soil resistance test (including equipment) 6237 Pull-out Test on Embedded Bolts, Anchors and Dowels (including equipment) 6238 Earth Anchor Hold Down Test (4 hour, full load application with 5 tests minimum) 6239 Earth Anchor Hold Down Test (Prelude / short term with full load) 6240 Coring concrete, masonry or asphalt in the field 6241 Sawing concrete, masonry or asphalt in the field 6242 Pick-up and Delivery — (weekdays, per trip, <50 mile radius from Leighton office) 6232 Coring and Sizing (in house, at Leighton laboratories) Task Concrete Strength Characteristics 7200 Concrete Cylinders (6 -inch by 12 -inch) - Compression 7201 Gunite 1Shotcrete Cores (laboratory coring and testing only) 7202 Lightweight Fill Concrete (3 -inch by 6 -inch) 7203 Compression, Concrete or Masonry Cores (testing only) 56 -inch diameter 7220 Trimming concrete cores (per core) 7204 Splitting Tensile — 6 -inch by 12 -inch cylinder 7205 Flexural Strength of Concrete (Simple Seam with 3rd pt. Loading) 7206 Mix Design, Determination of Proportions 7207 Mix Design, Review of Existing 7208 Laboratory Trial Batch with Slump, Unit Weight & Air Content 7209 6 -inch by 12 -inch Cylinder, Make and Test (lab trial batch) 7210 3 -inch by 6 -inch Grout Prisms, Make and Test (lab trial batch) 7211 6 -inch by 6 -inch Flexural Beams, Make and Test (lab trial batch) 7213 Cylinder molds, 6 -inch by 12 -inch, 2 -inch by 4 -inch when not used with testing 7214 Unit Weight of Hardened Light weight Concrete 7215 Rapid Cure Concrete Cylinders (Soil Method) 7216 Drying Shrinkage (Four Readings, up to 90 days, 3 bars) 7217 Modulus of Elasticity/Poisson's Ratio 3 -inch by 6 -inch cores 7376 Flexural Strength of Concrete (simple beam w/ center point loading) t Task Aggregate Properties 7240 Sieve Analysis of Fine and Coarse Aggregate 7241 Sieve Analysis -Finer than #200 (Wash) 7242 LA Rattler -Smaller Coarse Aggregate < 7243 LA Rattler -Larger Coarse Aggregate > 7244 Soundness Magnesium 7249 Soundness Sodium 7245 Organic Impurities 7246 Clay Lumps, Friable Particles 7370 Soil & Aggregate Preparation & Sieve (Fine & Coarse Aggregate) >x 7373 Grading & Specific Gravity Calculation t 7247 Durability Index 7248 Cleanness Value of Coarse Aggregate 7250 Unit Weight of Aggregate p 866 -Leighton Fee Schedule page 4 !. 8 7 Prevailing Wage"" Non -Prevailing Quote upon request, site specific Quote upon request, site specific Quote upon request, site-specific Quote upon request, site-specific Quote upon request, site-specific Quote upon request, site-specific 80 80 Method ASTM C 39 ASTM C 42 ASTM C 495 ASTM C 42 ASTM C 496 ASTM C 78 ASTM C 192 ASTM C 192 ASTM C 192 ASTM C 192 ASTM C 567 ASTM C 684 ASTM C 157 ASTM C 469 CTM 523 Method ASTM C 136 ASTM C 117 ASTM C 131 ASTM C 535 ASTM C 88 ASTM C 40 ASTM C 142 CTM 201 & 202 CTM 105 CTM 229 CTM 227 CTM 212 (modified 5/10) Per Test 325 60 30 40 20 50 65 250 150 457 25 25 65 3 50 50 400 350 65 Per Test 5135 90 165 190 225 650 90 175 265 80 200 210 50 40 Leighton City Of Temecula 1 2011-2012 Annual Agreement MATERIALS TESTING AND INSPECTION SCHEDULE OF Task Masonry 7260 Mortar Cylinders (2 -inch by 4 -inch) 7261 Mortar Cubes (2 -inch by 2 -inch) 7262 Grout Prisms (3 -inch by 6 -inch) 7263 Concrete or Masonry Cores Compression, 56 -inch diameter (Testing (Doty) 7264 CMU Compression (3 required) to size 8 -inch by 8 -inch by 16 -inch 7265 CMU Compression (3 required) greater than 8 -inch by 8 -inch by 16 -inch 7266 CMU Moisture Content, Absorption & Unit Weight (6 required) 7267 Masonry efflorescence (5 required) 7268 CMU Linear Drying Shrinkage 7269 CMU Grouted Prisms (compression test 5 8 inch by 8 -inch by 16 -inch) 7280 CMU Grouted Prisms (compression test > 8 -inch by 8 -inch by 16 -inch) 7281 Masonry Core -Shear Title 24 (Test Only) 7283 Specimen Prep (Sample by others) 7284 CMU width, depth and face shell measurements Task Brick 7290 Compression (5 required) 7291 Modulus of Rupture (5 required) 7292 Absorption, Soak (5 required) 7293 Absorption, Boit (5 required) 7294 Absorption, Saturation Coefficient (5 required) 7295 Initial Rate of Absorption (5 required) 7296 Efflorescence (5 required) 7297 Efflorescence with Mortar (5 required) Task Steel Reinforcement 7300 Tensile Test, Up to No. 10 7301 Tensile Test, No. 11 and over 7302 Bend Test, Up to No. 11 Task Structural Steel 7310 Tensile Strength, 5100,000 pounds axial Toad 7311 Tensile Strength, 100,000 to 200,000 pounds axial load 7312 Bend Test 7313 Pipe Flattening Test 7314 Machining and Preparation of Samples 7315 Brinell & Rockwell Hardness Test 7316 Chemical Analysis, Carbon and Low Alloy Steel Task Pre -stressing 7320 Prestressing Wire, Tension (stress vs. strain plot) 7321 Sample Preparation (cutting) 7322 Prestressing cable, 7 wire (Breaking strength/Modulus of Elasticity) Task Weld Procedure and Welder Qualifications 7330 Weld Tensile Test 7331 Weld Bend Test 7332 Weld Macro -Etch 7333 Bolt Tensile Test 7334 Bolt, Nut or Washer Hardness Test 7335 Bold Elastic Proof Load Test Task Fireproofing 7340 Unit Weight (Density) p 866 -Leighton Fee Schedule page 5 i 8 T';k�um`,�51�z` i 5jr ; �i2'�b` st..>.<l SERVICES (Continued) Method ASTM C 780 ASTM C 109 ASTM C 1019 ASTM C 42 ASTM C 140 ASTM C 140 ASTM C 140 ASTM C 67 ASTM C 426 ASTM E 447 ASTM E 447 Method ASTM C 67 ASTM C 67 ASTM C 67 ASTM C 67 ASTM C 67 ASTM C 67 ASTM C 67 ASTM C 67 Method ASTM A 370 ASTM A 370 ASTM A 370 Method ASTM A 370 ASTM A 370 ASTM A 370 ASTM A 370 ASTM A 370 ASTM A 370 Method ASTM A 416 ASTM A 416 Method ASTM E 605-93 Per Test 825 25 25 40 45 50 40 40 175 180 250 70 50 40 Per Test $40 40 40 50 50 40 55 65 Per Test $45 100 45 Per Test $45 60 40 Quote Quote 55 Quote Per Test $150 50 190 Rate 50 each 40 each 60 each 50 each 50 each 50 each Per Test 860 Leighton City Of Temecula 12011.2012 Annual Agreement MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES (Continued) Task Asphalt Concrete, Specimen Testing Method Per Test 7350 Extraction, Percent Asphalt and Gradation, Centrifuge ASTM D 2172/C 136 $195 7351 Extraction & Percent Asphalt (only), Centrifuge ASTM 0 2172 155 7355 Extraction and Gradation Only, Centrifuge ASTM D 2172/C 136 175 7358 Extraction by ignition oven, percent asphalt and gradation CTM 382/CTM 202 200 7352 Bulk Specific Gravity— Molded Specimen or Cores ASTM D 1188 55 7353 Maximum Density - Hveem CTM 308 125 7359 Theoretical Maximum Density and Specific Gravity of HMA ("Rice") CTM 309 (10/2010) 130 7354 Stabilometer Value CTM 366 265 7357 Bituminous Mixture Preparation CTM 304 80 7377 Moisture Content of Asphalt t CTM 370 60 7378 Sampling Highway Materials/Products (Roadway Structural Sections) t CTM 12.5 Quote 7379 Extraction by Ignition Oven CTM 382 (8/2003) 150 Rubberized Asphalt add 25% Task Mix Design/Control Method Per Test 7360 Mix Design — Hveem Including Aggregate Tests per Design ASTM D 1560/CTM 366 Quote 7361 Mix Design — Marshall Including Aggregate Tests per Design ASTM 0 1559 Quote 7362 Field Mix — Hveem Stability per point ASTM D 1560/CTM 366 $200 7363 Field Mix - Marshall Stability per point ASTM 0 1559 200 Task Moisture Vapor Emission Rate (MVER) Test Method Per Test 6325 Moisture Test Kit (excludes labor to perform test) ASTM E 1907 $60 Task Other Services Method Rate 6260 Non -Destructive Testing (NDT) ANSI $92 hour 6259 Radiographic Testing Quote 6270 Project Closeout 215/hour T soil .r material X< soil & materials p 866 -Leighton : i@s '¢a • v reare Fee Schedule page 6 18 tatata ISMS Leighton City Of Temecula 1 2011.2012 Annual Agreement FIELD EQUIPMENT LIST Task Equipment, Supplies and Materials 8200 Box of 10 soil drive -sample rings 9511 Mileage (current published IRS rate) 9512 Service Vehicle Usage 9516 Brass Sample Tubes 9594 Caution Tape (1000 -foot roll) 9575 Combination Lock or Padlock 9533 Consumables (gloves, rope, soap, tape, etc.) 9564 Core Sample Boxes 9565 Cutoff Saws, reciprocating, electric (Saws -All) 9566 D.C. Purging Pump, 3 gpm 9517 Disposable Bailers 9567 Dissolved Oxygen Meter 9555 DOT 55 -gallon Containment Drum with lid 9597 Double -Ring Infiltrometer (ASTM D 3385-09) equipment 9599 Electrical Resistivity Meter (Wenner array for in-situ measurements from the surface 9569 Four Gas Meter 9537 Generator, portable gasoline fueled, 3,500 watts 9590 GPS Trimble Unit 9531 Hand Auger 9540 High-resolution Global Positioning System (GPS) unit (Trimblel44) 9538 In -Situ Level Troll 500 (each) 9539 In -Situ Troll 9500 Low Flow Water Sampling Equipment 9543 Level B Protection (per person) 9544 Level C Protection (per person) 9574 Magnahelic Gauges, each 9547 Nitrile Gloves 9535 Nuclear Moisture and Density Gauge (licensed, calibrated, swipe tested) 9522 pH/Conductivity/Temperature Meter 9562 Photo -Ionization Detector (RID) 9557 Pump, Typhoon 2 or 4 Stage 9581 Slip / Threaded Cap, 2 -inch or 4 -inch diameter, PVC Schedule 40 9593 Safety Fence (100 -foot roll) 9525 Stainless Steel Bailer 9526 Submersible Pump, 10 gpm, high powered Grunfos 2 -inch with controller 9527 Submersible Sump/Transfer Pump, 10-25 gpm 9595 Survey/Fence Stakes 9585 Tedlar7 Bags 9586 Traffic Cones (525)/Barricades (single lane) 9556 Tubing, clear vinyl 318 -inch diameter 9528 Turbidity Meter 9548 Tyvek® Suit (each) 9529 Vapor Sampling Box 9588 Visqueen, 6 -mil, 20 feet x100 feet rot, 6 -mil 9536 Water Level Indicator (electronic well sounder) <300 feet deep well 9598 Water Level Indicator Dual Phase 9601 Manometer (floor level measuring device using contained water) 9602 Specialized Geotechnical Testing & Monitoring Equipment (site specific) 9600 SVE Thermal Oxidizer p 866 -Leighton Fee Schedule page 7 18 Unit Rate $25 perday IRS rate/mile 150 perday 10 each 20 each 11 each 35 per day 11 each 75 perday 30 perday 12 each 45 per day 65 each 350 per day 80 perday 110 perday 90 perday 75 per day 90 per day 80 perday 90 perday 150 per day 400 per day 200 per day 15 per day 20 per pair 88 perday 55 per day 110 perday 50 per day 15 each 50 perday 40 per day 160 per day 50 perday 5 each 18 each 50 per day .550 per foot 70 per day 18 each 45 per day 75 per roll 60 perday 80 perday 80 perday Quote Upon Request Quote Upon Request City Of Temecula 1 2011-2012 Annual Agreement TERMS AND CONDITIONS • Overtime: Overtime for field personnel will be charged at 1.5 times basic hourly rates when exceeding 8 hours up to 12 hours per 24 hour interval, and 2 times basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hourly rates on California official holidays. • Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours per day. • Minimum Hourly Charges for Geotechnical and Environmental Technicians (field time only): 1. Monday -Friday 2 hours 2. Saturday and Sunday 4 hours Minimum Hourly Charges for Special Inspectors or Material Testing Field Services (field time only): 1. Cancellation of inspections not canceled by 4:00 p.m. on preceding day* 2 hours 2. One-half working day or less except as No. 3 (below) applies 4 hours 3. Over one-half working day, or begins before noon and extends into afternoon 8 hours *No charge if cancellation is made before 4:00 p.m. of the preceding work day. Outside Direct Costs (ODCs): Heavy equipment, subcontractor fees and expenses, project -specific permits and/or licenses, project -specific supplemental insurance, travel, subsistence, project -specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20%, unless billed directly to and paid by client. • Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless otherwise stated in the attached proposal. Fees are subject to change on January 1s`, of every year. • Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time for geotechnical -laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. Construction Material Samples: After all designated 28 -day breaks for a given set meet specified compressive or other client -designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28 -day break. All other construction materials will be disposed of after completion of testing and reporting. p 1866 -Leighton Fee Schedule page 8 8 axtitn�a�,1 '' ','"�%'��L W.riaSs* 5 u'a.lt a': it Leighton 3 Cuaa+?h,,s•.M AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND RBF CONSULTING ENGINEERING AND SURVEY SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and RBF Consulting, Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2015. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 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 by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -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 $50.00 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 Agreement. 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 One Hundred Thousand Dollars and No Cents ($100,000) annually 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 mariner 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 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 entitled "PAYMENT" herein. 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 ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional 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: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 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 shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their 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 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at 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 mariner 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 riot 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 riot be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall riot 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT RBF Consulting, Inc. Ernest Wade, PLS 40810 County Center Drive, Suite 100 Temecula, CA 92591 The Consultant shall riot 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 that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during hislher tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 1. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RBF CONSULTING, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT By: Steve B. Burick, Vice President S. Robert Kallenbaugh, CEO RBF Consulting, Inc. Ernest Wade, PLS 40810 County Center Drive, Suite 100 Temecula, CA 92591 951/506-3525 951/676-7240 Fax ewade@rbf.com FSM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: SCOPE OF SERVICES • Research existing survey data such as maps, records of survey, monument ties, and benchmarks • Locate existing monuments • Perform boundary and control surveys • Prepare legal descriptions and plat maps for right-of-way acquisition • Perform aerial mapping and topographic surveys • Establish and verify horizontal and vertical control • Locate horizontally to 0.1+ feet all existing facilities • Perform field surveying for project design purposes • Complete the design of minor engineering projects • Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc. EXHIBIT B Payment Rates and Schedule See attached. Exhibit B HOURLY RATE SCHEDULE Effective January 2011 through December 2011 OFFICE PERSONNEL $/ Hr. Senior Principal $245.00 Principal 225.00 Project Director 220.00 Program Manager 215.00 Senior Project Manager 200.00 Project Manager 195.00 Structural Engineer 195.00 Technical Manager 180.00 Senior Engineer 163.00 Senior Planner 163.00 Electrical Engineer 156.00 Landscape Architect 150.00 Senior GIS Analyst 150.00 Project Engineer 148.00 Project Planner 148.00 Environmental Specialist 138.00 Design Engineer/Senior Designer/Mapper 135.00 GIS Analyst 122.00 Designer/Planner 118.00 Project Coordinator 110.00 Graphic Artist 97.00 Environmental Analyst/Staff Planner 97.00 Design Technician 97.00 Assistant Engineer/Planner 93.00 Permit Processor 83.00 Engineering Aid/Planning Aid 75.00 Office Support/ Clerical 63.00 FIELD PERSONNEL 2 -Person Survey Crew $245.00 1 -Person Survey Crew 165,00 Licensed Surveyor 175.00 Field Supervisor 172.00 CONSTRUCTION MANAGEMENT PERSONNEL Construction Manager $185.00 Resident Engineer/Project Manager 154.00 Senior Construction Inspector 123.00 Construction Inspector 118.00 Field Office Engineer 110.00 Construction Technician 95.00 Note: Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15%. A Sub -consultant Management Fee of fifteen -percent (15%) will be added to the direct cost of all sub -consultant services to provide for the cost of administration, sub - consultant consultation and insurance. Vehicle mileage will be charged as an additional cost at S0.50 per mile, AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND HARRIS & ASSOCIATES, INC. ENGINEERING AND SURVEY SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Harris & Associates, Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2015. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 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 by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -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 $50.00 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 Agreement. 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 One Hundred Thousand Dollars and No Cents ($100,000) annually 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 mariner 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 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 entitled "PAYMENT" herein. 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 ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional 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: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 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 shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their 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 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at 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 mariner 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 riot 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 riot be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall riot 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 15. ASSIGNMENT Harris & Associates, Inc. 750 B Street, Suite 1800 San Diego, CA 92101 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 Ag ree me nt. 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 that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 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 1. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA HARRIS & ASSOCIATES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT By: Ehab Gerges, Vice President Javier Saunders, Vice President Harris & Associates, Inc. 750 B Street, Suite 1800 San Diego, CA 92101 619/236-1778 619/ 236-1179 Fax FSM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: SCOPE OF SERVICES • Research existing survey data such as maps, records of survey, monument ties, and benchmarks • Locate existing monuments • Perform boundary and control surveys • Prepare legal descriptions and plat maps for right-of-way acquisition • Perform aerial mapping and topographic surveys • Establish and verify horizontal and vertical control • Locate horizontally to 0.1+ feet all existing facilities • Perform field surveying for project design purposes • Complete the design of minor engineering projects • Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc. EXHIBIT B Payment Rates and Schedule See attached. Exhibit B CITY OF TEMECULA Annual Agreement for Engineering and Survey Services Various Capital Improvement Projects Approved for Pt 2011-2012 Price Harris & Associates Effective. January 1, 2011 - December 31, 2011 Position Hourly Rate Project Director $195 Project Manager $185 Project Engineer $160 Project Designer $115 Mapping/Surveying Engineer $120 Technician $85 Right -of -Way Engineering Services Position Hourly Rate 2 Person Field Survey Crew $180 Construction Staking Topographic Surveys Boundary Surveys Field Surveys 3 Person Field Survey Crew w/GPS Equipment, 3 Vehicles and Radios $310 Survey Office Technician $90 Exhibits Legal Description CAD Technician $90 Survey Supervisor $100 Licensed Land Surveyor $120 Document Review Map Checking Clerical $55 Harris & Associates. Price Item No. 8 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 26, 2011 SUBJECT: Award of a Construction Contract for the Pavement Rehabilitation Program - Margarita Road Project 1, Project No. PW 10-08 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar, Associate Engineer RECOMMENDATION: 1. Award a construction contract for the Pavement Rehabilitation Program — Margarita Road Project 1, Project No. PW10-08 to R.J. Noble Company in the amount of $2,843,759.99. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $284,376.00, which is equal to 10% of the contract amount; 3. Make a finding that the Pavement Rehabilitation - Margarita Road Project 1 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: As part of the Capital Improvement Program and Budget for Fiscal Year 2010-2011, the City Council approved appropriations to support a Citywide Pavement Rehabilitation Program that would implement the recommended maintenance activities identified in the previously completed Pavement Management System (PMS). The PMS prioritized the existing areas in need of repairs and identified the recommended method for these repairs. On May 10, 2011 the City Council approved the Plans and Specifications and authorized staff to solicit construction bids for the Pavement Rehabilitation Program — Margarita Road Project 1, Project No. PW10-08. The work for the Pavement Rehabilitation Program — Margarita Road Project 1 consists of full -depth pavement rehabilitation on Margarita Road between Rancho California Road and Avenida Barca. More specifically, the project will include the following: removal of existing pavement, aggregate base, and subgrade structural section to a depth of 1.50 feet; placement of a 1.10 foot thick Crushed Aggregate Base (CAB) section with Geogrid/Fabric; construction of a 0.25 foot thick Hot Mix Asphalt (HMA) section; construction of a 0.15 foot thick Rubberized Hot Mix Asphalt (RHMA) section; adjustment of various facilities to grade, installation of traffic striping, pavement markers, and legends; and miscellaneous appurtenant work. On July 11, 2011 ten (10) bids were electronically opened and publicly posted on the City's on-line bidding service, PlanetBids. The results were as follows: 1. R.J. Noble Company 2. All American Asphalt 3. Granite Construction 4. Vance Corporation 5. Hazard Construction Company $2,843,759.99 $3,025,655.51 $3,175,470.80 $3,358,533.00 $3,692,373.30 EBS General Engineering Non -Responsive PALP, Inc. Non -Responsive Ace Engineering Non -Responsive Sequel Contractors, Inc. Non -Responsive Hardy and Harper Non -Responsive Staff has deemed the bids submitted by EBS General Engineering, PALP, Inc., Ace Engineering, Sequel Contractors, Inc., and Hardy and Harper as non-responsive due to the fact that the City did not receive their original bid bonds within the 24-hour period as required by the Project Specifications, "Notice Inviting Bids", Section 7, "Instructions to Bidders", Section 2, and "Proposal", Item No. "1." The Engineer's Construction Estimate for the Pavement Rehabilitation Program - Margarita Road Project 1 is $4,540,000.00. The specifications allow for a schedule of 120 working days, which is an approximate duration of 6 months. Staff has reviewed the bid proposals and found R.J. Noble Company to be the lowest responsible bidder. R.J. Noble Company has public contracting experience and has completed similar projects for the City and other agencies. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Pavement Rehabilitation — Margarita Road Project 1 involves reconstruction of an existing roadway, entirely within the original road width, therefore there is no new disturbed area subject to the 5% MSHCP fees, and the project is thus exempt. FISCAL IMPACT: The Citywide Pavement Rehabilitation Program is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years FY2012-16 with funding from Measure A and Capital Projects Reserves. Adequate funds are available in the project accounts to construct the project. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PAVEMENT REHABILITATION- MARGARITA ROAD PROJECT 1 (RANCHO CALIFORNIA ROAD TO AVENIDA BARCA) PROJECT NO. PW10-08 THIS CONTRACT, made and entered into the 26th day of July, 2011 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and R.J. Noble Company, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PAVEMENT REHABILITATION -MARGARITA ROAD PROJECT 1 (RANCHO CALIFORNIA ROAD TO AVENIDA BARCA), PROJECT NO. PW10-08, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PAVEMENT REHABILITATION -MARGARITA ROAD PROJECT 1 (RANCHO CALIFORNIA ROAD TO AVENIDA BARCA), PROJECT NO. PW10-08. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PAVEMENT REHABILITATION -MARGARITA ROAD PROJECT 1 (RANCHO CALIFORNIA ROAD TO AVENIDA BARCA), PROJECT NO. PW10-08. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PAVEMENT REHABILITATION -MARGARITA ROAD PROJECT 1 (RANCHO CALIFORNIA ROAD TO AVENDIA BARCA), PROJECT NO. PW10-08 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO MILLION EIGHT HUNDRED FORTY THREE THOUSAND SEVEN HUNDRED FIFTY NINE DOLLARS and NINETY NINE CENTS ($2,843,759.99), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed "One Hundred Twenty" (120) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. The CONTRACTOR shall defend and indemnify (including the appointment of competent defense counsel) the CITY from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has riot, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR R.J. Noble Company 15505 East Lincoln Avenue Anaheim, CA 92865-6620 (714) 637-1550 By: Steve Mendoza Secretary By: Craig Porter Vice President (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: Ron Roberts, Mayor -' 2011-12 2015-16 CITY OF 7EMECULA PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Project Description: Project will include the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit: Project will improve pavement conditions so that the transportation needs of the public, business industry, and government can be met. Project Status: This project is ongoing. Department: Public Works—Account No. 210.165.655 Priority: I Project Cost: Actua Is to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Project Years Cost Administration $ 49,076 $ 309,606 $ 160,000 $ 160,000 $ 160,000 $ 160,000 $ 998, 682 Construction Reserves $8,931,000 $4,570,000 $ 4,570,000 $ 4,570,000 $4,570,000 $27,211,000 Construction Measure A $244,017 $8,682,022 $1,191,157 $1,214,980 $1,239,280 Engineering Unspecified* $ 98,645 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 3,770,720 $ 298,645 Design $194,941 $ 168,897 $ 230,000 $ 230,000 $ 230,000 $ 230,000 $5,010,000 $ 1,283,838 Totals $244,017 $9,508,148 $ 5,010,000 - $ 5,010,000 $ 5,010,000 $ 5,010,000 $ - $29,792,165 Actuals Future Total Project Source of Funds: to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Years Cost Capital Project Reserves $ 826,126 $5,010,000 $ 5,836,126 Measure A $244,017 $8,682,022 $1,191,157 $1,214,980 $1,239,280 $12,571,456 Unspecified* $ 3,818,843 $ 3,795,020 $ 3,770,720 $ 11,384,583 Total Funding: $244,017 $9,508,148 $5,010,000 $5,010,000 $5,010,000 $5,010,000 $ - $29,792,165 Future Operation & Maintenance Costs: 2012-13 2013-14 Project cannot be constructed until a funding source is identifed. 63 2014-15 THE CITY OF �r TEMECULA 0 Margarita Road Phase 1 i 7°7 000 I WI 41# tittiti 44 ,, ,,,, Q 7. v 4 i, . ± I t 0.11111 14,1w 4‘ z fig* I kp . 41 W G 4* I I 4 % NI • 4ti Alit i imm,;4400 ir, 1i 1 � o Iv to ine ?'Ii!1f1 11°":"701N11;1111r I I.. 4tia , iolk it ti alit 1 --,:lu____:T a au, ii2i i, tits It ,R 1 ,pts Ai 'glititii(s-_c_ : LONG -VALLEY -DR. 700 1400 2100 ft. Map center: 6294386, 2131039 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend - City Streets Parcels Scale: 1:7,212 Item No. 9 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 26, 2011 SUBJECT: Award of a Construction Contract for the Pavement Rehabilitation Program, Winchester Road, PW 10-11 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer RECOMMENDATION: 1. Award the construction contract for the Pavement Rehabilitation Program, Winchester Road, Project No. PW10-11, to RJ Noble Company in the amount of $1,178,654.50. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $117,865.45 which is equal to 10% of the contract amount. 3. Make a finding that the Winchester Road project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: As part of the Capital Improvement Program and Budget for Fiscal Year 2010-2011, the City Council approved appropriations to support a Citywide Pavement Rehabilitation Program that would implement the recommended maintenance activities identified in the previously completed Pavement Management System (PMS). The PMS prioritized the existing areas in need of repairs and identified the recommended method for these repairs. On May 10, 2011 the City Council approved the Plans and Specifications and authorized staff to solicit construction bids for the Pavement Rehabilitation Program — Winchester Road, Project No. PW10-11. The work for the Pavement Rehabilitation Program — Winchester Road will consists of full -depth reclamation on Winchester Road between Roripaugh Road and Nicolas Road. More specifically, the project will include the following: pulverize the existing asphalt concrete pavement (AC), aggregate base (AB) and subgrade structural section to a depth of 1.50 feet, remove 0.60 foot depth of material from the finished grade to provide for the proposed asphalt pavement section, mix in cement to treat the remaining roadway, construct 0.45 foot depth of Hot Mixed Asphalt (HMA) section, construct 0.15 foot of Rubberized Hot Mix Asphalt (RHMA) section, adjust various facilities to grade, install traffic striping, pavement markers and legends and miscellaneous appurtenants. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Citywide Pavement Rehabilitation Program would implement the recommended maintenance activities identified in the previously completed Pavement Management System (PMS). The PMS prioritized the existing areas in need of repairs and identified the recommended method for these repairs, therefore there are no new disturbed areas subject to MSHCP fees, and thus this project is exempt. On July 11, 2011 eight (8) bids were electronically opened and publicly posted on the City's on- line bidding service, PlanetBids. The results were as follows: 1. RJ Noble Company 2. All American Asphalt 3. Granite Construction 4. Vance Construction 5. Hazard Construction $ 1,178,654.50 $ 1,277,000.00 $ 1,296,467.00 $ 1,316,397.00 $ 1,614,783.00 EBS General Engineering, Inc. Non -Responsive Palp, Inc. Non -Responsive Anchor Construction and Engineering, Inc. Non -Responsive Staff reviewed the bid proposals and found R.J. Noble Company to be the lowest responsible bidder. R.J. Noble Company has public contracting experience and has completed similar projects for the City and other agencies. Staff has deemed the bids submitted by EBS General Engineering, Inc., Palp, Inc., and Anchor Construction and Engineering, Inc. as non-responsive due to the fact that the City did not receive their original bid bonds within the 24-hour period as required by the project Specifications, Notice Inviting Bids Section Number "7" and Instruction to Bidders, Section 2, "Proposal", Item Number "i." The Engineer's Construction Estimate for the Pavement Rehabilitation Program - Winchester Road is $1,393,000.00. The specifications allows for a schedule of 80 working days. FISCAL IMPACT: The Citywide Pavement Rehabilitation Program is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years FY2012-16 with funding from Measure A and Capital Projects Reserves. Adequate funds are available in the project accounts to construct the project. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location Map CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PAVEMENT REHABILITATION- WINCHESTER ROAD (RORIPAUGH ROAD TO NICOLAS ROAD) PROJECT NO. PW10-11 THIS CONTRACT, made and entered into the 26th day of July, 2011 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and RJ Noble Company, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PAVEMENT REHABILITATION -WINCHESTER ROAD (RORIPAUGH ROAD TO NICOLAS ROAD), PROJECT NO. PW10-11, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PAVEMENT REHABILITATION - WINCHESTER ROAD (RORIPAUGH ROAD TO NICOLAS ROAD), PROJECT NO. PW10-11. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PAVEMENT REHABILITATION -WINCHESTER ROAD (RORIPAUGH ROAD TO NICOLAS ROAD) PROJECT NO. PW10-11 In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PAVEMENT REHABILITATION -WINCHESTER ROAD (RORIPAUGH ROAD TO NICOLAS ROAD) PROJECT NO. PW10-11 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: One Million One Hundred Seventy -Eight Thousand Six Hundred Fifty -Four DOLLARS and Fifty CENTS ($ 1,178,654.50), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed "Eighty" (80) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. The CONTRACTOR shall defend and indemnify (including the appointment of competent defense counsel) the CITY from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR RJ Noble Company, Inc. 15505 E. Lincoln Avenue Orange, Ca. 92865-6620 (714) 637-1550 By: Michael J. Carver, President By: Steve Mendoza, Secretary (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 2011-12 2015-16 CITY OF 7EMECULA PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Project Description: Project will include the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit: Project will improve pavement conditions so that the transportation needs of the public, business industry, and government can be met. Project Status: This project is ongoing. Department: Public Works—Account No. 210.165.655 Priority: I Project Cost: Actua Is to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Project Years Cost Administration $ 49,076 $ 309,606 $ 160,000 $ 160,000 $ 160,000 $ 160,000 $ 998, 682 Construction Reserves $8,931,000 $4,570,000 $ 4,570,000 $ 4,570,000 $4,570,000 $27,211,000 Construction Measure A $244,017 $8,682,022 $1,191,157 $1,214,980 $1,239,280 Engineering Unspecified* $ 98,645 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 3,770,720 $ 298,645 Design $194,941 $ 168,897 $ 230,000 $ 230,000 $ 230,000 $ 230,000 $5,010,000 $ 1,283,838 Totals $244,017 $9,508,148 $ 5,010,000 - $ 5,010,000 $ 5,010,000 $ 5,010,000 $ - $29,792,165 Actuals Future Total Project Source of Funds: to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Years Cost Capital Project Reserves $ 826,126 $5,010,000 $ 5,836,126 Measure A $244,017 $8,682,022 $1,191,157 $1,214,980 $1,239,280 $12,571,456 Unspecified* $ 3,818,843 $ 3,795,020 $ 3,770,720 $ 11,384,583 Total Funding: $244,017 $9,508,148 $5,010,000 $5,010,000 $5,010,000 $5,010,000 $ - $29,792,165 Future Operation & Maintenance Costs: 2012-13 2013-14 Project cannot be constructed until a funding source is identifed. 63 2014-15 THE CITY OF TEMECULA "Old Traditions, New Opportunities" 0 Winchester Road-(Roripaugh Road to Nicolas Road) 700 1400 2100 ft. Map center: 6288565, 2139973 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend - City Streets Parcels Scale: 1:7,212 Item No. 10 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 26, 2011 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System, Project No. PW05-11 PREPARED BY: Amer Attar, Principal Engineer - CIP Jon Salazar, Associate Engineer - CIP RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System, Project No. PW05-11. BACKGROUND: The Federal Safe Routes to School (SRTS) program is intended to achieve the basic goal of increasing the number of children walking and bicycling to school by making it safer for them to do so. This project, which consists of a pedestrian/bicycle bridge over the Santa Gertrudis Creek, along with access ramps, will provide a near -direct route from the Harveston housing development to Chaparral High School. This will allow students to avoid having to walk along the heavily traveled routes of Margarita Road and Winchester Road to get to school. Project plans and specifications are complete and the project is ready to be advertised for construction bids. The project is ready to be advertised, as the City recently received federal authorization to proceed with construction. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Cost Estimate for the project is $1,150,000.00. FISCAL IMPACT: The Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System project is included in the City's FY2012-2016 Capital Improvement Program (CIP) and is funded with AB 2766 for reduction of pollution from motor vehicles, Developer Impact Fees (Open Space/Trails), Reimbursement/Other (Harveston contribution), Federal Safe Routes To School (SRTS) funds, and SB821 a Pedestrian and Bicycle Facilities Program. ATTACHMENTS: 1. Location Map 2. Project Description PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM Infrastructure / Other Project Location Aerial Data - March 2010 Feet 0 125 250 500 106 CITY OF TEMECULA PEDESTRIAN / BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH SCHOOL AND CITY TRAIL SYSTEM Infrastructure / Other Project Project Description: Design and construct an approximately 200 foot pedestrian/bicycle bridge from Margarita Road, near Harveston Way, over Santa Gertrudis Creek to Chaparral High School and the City's trail system on the south side of Santa Gertrudis Creek. Project will consist of a planning study, the establishment of easements, environmental review, and Flood Control District approval. Benefit: Project will provide a safe route for pedestrians and bicyclists to access Chaparral High School and the Santa Gertrudis Multi -Purpose Trail from Margarita Road. Project Status: The design is near completion, and California Department of Transportation (Caltrans) is reviewing the final environmental report. This project is estimated to be complete by end of fiscal year 2012. Department: Public Works—Account No. 210.165.738 Priority: I Project Cost: Actua Is to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Years Project Cost Administration $198,419 $ 65,000 $ 263,419 Acquisition $ 4,408 $ 253,988 $ 4,408 Construction $ 1,150,000 $ 1,150,000 Construction $150,000 $ 150,000 Engineering $ 20,000 $ 20,000 Design $172,641 $ 3,919 $ 176,560 MSHCP $ 6,483 $ 51,017 $ - $ - $ - $ - $ - $ 57,500 Totals $381,951 $ 1,289,936 $ - $ - $ - $ - $ - $ 1,671,887 Source of Funds: Actuals to Date Future Total 2011-12 2012-13 2013-14 2014-15 2015-16 Years Project Cost AB 2766 $ 478,698 $ 478,698 DIF (Open Space/Trails) $231,951 $ 253,988 $ 485,939 Reimbursement/Other (Harveston Contribution) $150,000 $ 150,000 SRTS $ 425,250 $ 425,250 SB821 $ 132,000 $ 132,000 Total Funding: $381,951 $ 1,289,936 $ - $ - $ - $ - $ - $ 1,671,887 Future Operation & Maintenance Costs: 2011-12 2012-13 2013-14 2014-15 2015-16 $ 5.000 $ 5,100 $ 5.202 $ 5,306 $ 5,412 107 Item No. 11 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: July 26, 2011 SUBJECT: Benefit Concert, Co -Sponsorship Request RECOMMENDATION: That the City Council approve a co-sponsorship agreement with Collaborative Community Education, Inc., (Context Schools of Temecula) for a Steve Miller "Cross - Over" Rock Symphony event in Old Town Temecula, contingent upon Context Schools ability to secure the funding necessary to cover the cost of event logistics. BACKGROUND: On June 9, 2011 the City of Temecula and the Community Services Department received a request from Context Schools to co-sponosor a Steve Miller Cross -Over Rock Symphony event on the steps of the Temecula Civic Center. Beginning in August 2011 Context Schools of Temecula, a non-proft charter school, will open its doors to 300 middle school students. Context Schools is recognized by the Temecula Valley Unified School District. A major focus of Context Middle School will be the integration of music and technology into the curriculm. The campus will be technologically advanced and have a strong empasis on music education including music composition, music production and musical performance. Through the partnership with the Fender Center, located in Corona, California, Context School will be the home of the second location of the Kids Rock Free (KRF) program sponsored by the Fender Center and endorsed by Steve Miller. KRF is an after-school music program for kids between the ages of 7 and 17, and is open to all youth to participate. The Kids Rock Free program is heartily endorsed by Steve Miller of the Steve Miller Band, who is a strategic partner with the Fender Center. This program is currently only offered at the Fender Center in Corona, California and is proposed to be offered at the Context Schools campus and added to their curriculm here in Temecula. Steve Miller, in conjunction with the Fender Center, will be conducting a concert tour which is proposed to be held in Chicago, Atlanta, New York, Norway and the City of Temecula. These concerts will benefit the Fender Center Kids Rock Free program, and the concert event proposed to be held in Temecula will directly benefit Context Schools and their Kids Rock Free program. Context Schools is requesting that the City of Temecula co-sponsor the Steve Miller Cross -Over Rock Symphony event, which is currently scheduled for the evening of Sunday, September 18, 2011. Context Schools is requesting that the City of Temecula provide the Civic Center Plaza and Town Square Park as the concert venue, the Conference Center for September 17 and September 18, 2011, provide street closures as appropriate, provide cross promotion marketing, and provide ticket sales support through the Temecula Community Center. The City's co-sponsorship and support of this event would be contingent upon Context Schools acquiring the financial support needed to provide all event logistics such as security, stage and lighting, seating, fencing, as well as pay for police support. It is envisioned that the City's co-sponsorship and support of this event wil provide economic stimulus by bringing people to Old Town, encouraging and supporting the arts by providing additional support for the Kids Rock Free program. Context Schools has also agreed to provide $1.00 of each ticket sale to support arts in the community. FISCAL IMPACT: The concert is anticipated to attract an attendance of approximately 2000 to 2500 in attendance. This will generate approximately $2000 to $2500 from the $1.00 ticket sales benefiting City cultural arts programs. ATTACHMENTS: Event Proposal Letter Special Event Contract Agreement Co -Sponsorship Agreement The City of Temecula Community Services Mr. Herman Parker, Director June 9, 2011 Subject: Steve Miller "Crossover" Rock Symphony Event Proposal Beginning in August 2011, Context Middle School, Temecula, will open its doors to 300 middle school students, who will be a part of a rigorous inquiry -based educational program designed to give them the twenty-first century education they'll need to succeed—in the marketplace and in their community. A major focus at Context Middle School will be the integration of music and technology into the curriculum. The campus will be technologically advanced, and students will be required to possess digital and tech literacy. Music—education, making, producing, and performing will be part of the daily life of a Context student. Kids Rock Free® To make this integration a sustainable reality, Context will be home to the second location of the wildly popular and successful Kids Rock Free (KRF) program—the first location in the program's national expansion. Kids Rock Free, in conjunction with the Fender® Center, selected Context Middle School because of their progressive and holistic approach to education and community. Context Middle School, Temecula is a public charter school governed by Collaborative Community Education and a part of the Temecula Valley Unified School District. The Kids Rock Free program currently has 1,000 kids on a yearlong waiting list The Event – the Beginning • Sunday, September, 18, 2011 – 7:00 pm, 90 -minute concert • Family-oriented "Crossover" Rock Symphony performed by Steve Miller and the Orange County Youth Symphony o Concert will only be performed at; The Fender Museum, Temecula, Chicago, Atlanta, New York and Norway o Seating for approximately 1,500 -2,000 people in a variety of table tops and grandstand seating. o The Temecula concert will be the culmination of his summer tour • Ensemble of five of Steve's greatest hits arranged for a 40 -50 -piece orchestra o Requires a stage of approximately 60 feet wide by 40 feet deep to accommodate both the orchestra and the band o Jens Moe from the John F. Kennedy Center in Washington D.C. commissioned Rune Berggman (a world renowned conductor from Atlanta) as a gift for Steve Miller, in appreciation for his support for the Fender ® Center and Kids Rock Free. o Rune Berggman to personally conduct the orchestra and he will be joined by other world-renowned musicians who will perform the world premiere concert here in Temecula • The Master of Ceremonies for the event will be Cynthia Fox, from KLOS in Los Angeles CCE/Context Responsibilities • Create venue • Acquire sponsorships • Secure insurance • Coordinate Sponsor Dinner • Advertising • Accommodations and hospitality for entertainers/participants • Event logistics o Security o Event staffing • Ticket Sales Fender Center "Kids Rock Free" Responsibilities • Concert event design • Emcee host — KLOS — Cynthia Fox • Artist Liaison • Event oversight (Starway Production in Partnership with Fender Center ®) • Collateral advertising and promotional materials o Design and printing o Radio o Web marketing Event Costs • Venue o Temecula City Hall Plaza o Conference Center (staging area) o Fencing for paid seating areas • Permits • Set-up • Seating • Security o Police Private • Advertising • Accommodations for entertainers • Travel • Gifts/Swag/Auction/Raffle • Pre -concert private dinner for 50 guests • Ticket sales • Concessions Request for City of Temecula Co -Presenting Sponsor • Temecula City Hall Plaza and Conference Center Venue • Permit Fee waiver • Street closures • Cross Promotional Marketing — City Signage • Ticket sales through Temecula Community Theatre Partnership • Letter of event sponsorship to assist in acquiring additional sponsors Potential Co -Sponsor Opportunity — Pechanga • Event set-up & breakdown o Stage, lighting, sound (requirements/projected costs to be provided by Fender) • Seating/Grandstands • Fencing • Accommodations for entertainers • Cross Promotional Marketing - Signage Benefits to City of Temecula • Old Town visitors/economic benefits o Sunday — "Show Your Ticket" promotion - drive early dinner traffic to Old Town Joint event marketing w/ Old Town Business Association • 5 Tickets to private dinner with Steve Miller • Economic Development marketing • Lodging/TOT • Cultural marketing/advertising • Potential for Annual Event/Festival • Establish relationship with Fender Center® "Kids Rock Free" program • Promotion of City's investment in the arts • $1.00 of every ticket donated toward city-wide youth performing arts • Announce the concept design of " "The Center for Youth Performing Arts, Temecula "(see below) Sponsorships • Will work with Temecula Visitors and Convention Bureau to identify potential partners/sponsors o Promenade Mall o Pechanga o Temecula Auto Center Dealerships o Chamber of Commerce o Vintners Association o Apple o Disney • Seeking financial donations and in-kind services • Food and beverage • Promotional materials/raffles/swag • Event advertising (banners, on-screen...) • Attendance at private pre -concert dinner with Steve Miller to sponsors with donations of $10,000 or more The Center for Youth Performing Arts, Temecula — the Connection The City of Temecula has long supported the arts. Context Middle School, in support of the arts, has made a $1,000,000 commitment with our plans to construct a 2,800 sq foot building that will house the KRF after school program. The KRF program will serve over 500 kids annually throughout the community, ages 7-17 in vocal, band, and music production. However, there is one very important piece of the successful KRF program missing - a youth performance center, to create a healthy gathering place for budding artists. Context School, located at the previous Rancho Vista site, with its close proximity to the Ronald Reagan Park, is earnest in our commitment to create a stage for all kids in this community. We believe that the CRC amphitheater provides an untapped resource and, through a public/private collaborative effort with Context; we could create a state-of-the-art "Center for Youth Performing Arts, Temecula ". Some kids perform for the applause, some for pure artistic expression, while others perform to be part of a community — those that perform, continue performing. The more energy that youth invest in the arts, the more their motivations seem to adapt and strive towards the rewards that they receive in performing. Performing is the link to achievement — it's what keeps kids engaged in music and the arts. The love of performing is rarely static, and with each performance it tells the musician that they must continue with unweaving diligence in perfecting their art. It is the intent of Context Middle School to seek the support of the Fender KRF program to create an annual event featuring various renowned entertainers in order to advertise KRF benefits to Temecula Valley youth. We would like to engage in discussions with the City of Temecula to determine if there is an opportunity to build a mutually beneficial rapport with Fender KRF and the City of Temecula to use this event, as well as other similar venues, to create fundraising opportunities to design and build a "Center for Youth Performing Arts, Temecula." SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND COLLABORATIVE COMMUNITY EDUCATION, INC. (CONTEXT SCHOOLS OF TEMECULA) THIS AGREEMENT is made and effective as of this 26th, day of July 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Collaborative Community Education, Inc., (Context Schools of Temecula), a California nonprofit public benefit 501.3c corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall host/operate the Steve Miller "Cross -Over" Rock Symphony Benefit Concert (hereinafter referred to as the "Event") on September 17 and 18, 2011. The Event is a special event which is located at the Temecula Civic Center. The Event is expected to draw between 2,000 to 2,500 people for the event. The event would utilize the Civic Center Plaza, Town Square Park and the Civic Conference Center. On September 17th the nonprofit would host a private banquet in the Civic Conference Center, and on September 18th the nonprofit would host a concert in the Civic Center Plaza and the Town Square Park. b. Benefit Concert by the Steve Miller c. Will Alcohol be served?: YES NO d. The City desires to be a "Co -Sponsor" of the Event. e. The Event will serve as a fundraiser for Context Schools of Temecula, a local non-profit organization whose charitable work and contribution will benefit Temecula youth between the ages of 7 and 17. The Non-profit will also contribute $1.00 from each ticket sold to the TCSD for arts programs. f. The Non-profit must provide all funding for event logistics to include: security, police support, stage lighting and sound, seating, fencing, restrooms, promotion and marketing, etc. 2. TERM This Agreement shall commence on July 26, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 31, 2011, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION In exchange for providing the Non-profit of use of the Conference Center, Civic Center Plaza, and Town Square Park, the City of Temecula shall be designated as a "Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City was listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. PERMITS The Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 8. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability 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 July 26, 2011, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient 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 Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Nonprofit 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. 10. LEGAL RESPONSIBILITIES The Nonprofit 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 Nonprofit 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 Nonprofit to comply with this section. 11. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. 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: Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Collaborative Community Education, Inc. Context Schools of Temecula Michelle Smith 31350 Rancho Vista Road, Temecula, CA 92592 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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. The Nonprofit 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 the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 13. 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. 14. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Collaborative Community Education, Inc. Context Schools of Temecula (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor Michele Smith, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Dr. Todd Morano, CFO Collaboration Community Education, Inc. Context Schools of Temecula Michelle Smith 31350 Rancho Vista Road Temecula, CA 92592 FSM Initials: Date: 01/2:44 EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS CO-SPONSOR Context Schools of Temecula shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements • City of Temecula name on all press releases • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers • City of Temecula logo/name on event t -shirt • 10 Benefit Concert by Steve Miller t -shirts • $1.00 for each ticket sold to benefit TCSD arts programs and services **Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. Fender® Museum of Music and The Arts SPECIAL EVENT CONTRACT AGREEMENT STEVE MILLER ROCK SYMPHONY Kids Rock Free® Benefit Concert Sunday, September 18, 2011— Temecula City Hall, Temecula, CA This letter serves as an agreement between the Fender Museum of Music and The Arts (FMMA) and Collaborative Community Education, Inc. (CCEI). FMMA is contracting with CCEI to advise and facilitate in the planning, organizing and execution a fundraising concert to benefit the Kids Rock Free® music educational program for Context Middle School, Temecula, CA. FMMA will participate in the event as advisor and facilitator, not as partner. The concert in Temecula is to a large extent a repeat of the September 17, 2011 concert in Corona, CA. 1) Cost Sharing a. FMMA and CCEI will share 50/50 all artists fees and expenses for both concerts. b. FMMA and CCEI will share 50/50 promotional advertising (radio and print) expenses subject to mutual agreement. 2) Revenue Sharing a. FMMA and CCEI will share net revenue of the Temecula concert as follows: 75% of net revenue to CCEI and 25% of net revenue to FMMA. Project accounting to be completed within 15 -days of the event and payment to FMMA to be made within 15 -days of the event. For pre -concert commitments payable to third -parties by FMMA, CCEI will contribute 50% to FMMA within 5 -business days after the commitment. FMMA will advise and recommend on: • Artist/Entertainment • Event Brand Image, logo's, artwork • Promotional Materials (Sponsorship Package, Event Media Release) • Guitar (American Fender® art/custom guitar) for Auction • Meet -n -Greet — Artist liaison and providing assistance • Emcee/Host — Cynthia Fox 95.5 KLOS Page 1 of 2 July 11, 2011 Fender® Museum of Music and The Arts SPECIAL EVENT CONTRACT AGREEMENT CCEI will be responsible for the following the entire arrangement including the following: • Planning, Venue, Permits, Contracts (Rentals, etc.), Accounting • Insurance — naming FMMA as an additional insured • Budget and Reporting to FMMA • Banquet (if any) • Sound & Lighting • Technical Support • Staffing • Security • Sponsorships • Securing Raffle and Auction items (if applicable) • Hospitality (Travel, Riders, Green Rooms, Hotel, and Ground Transportation) for all special guests (Steve Miller, Jens Moe, Rune Bergmann, David & Julia Coucheron, Cynthia Fox, etc.) per their instructions. • Rider Agreement for Mr. Steve Miller • Silent Auction & Raffle items (if applicable) CCEI would not begin sales and marketing via internet or print for this event until 7/22/2011. :7////7/ CC I Date Mics ele Smith Co laborative Community Education Inc. Fr Context Mi �e School (Temecula, CA) L(Ci _ FMMA Fender Museum of the Arts Foundation Debbie Shuck Executive Director July 11, 2011 Date Page 2 of 2 Item No. 12 ORDINANCE NO. 11-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.350 AND 3.32.060 OF THE MUNICIPAL CODE REGARDING BID PROTEST PROCEDURES AND AMENDING SECTIONS 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION OF PUBLIC PROJECTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 3.28.350 (Protest procedures) of the Temecula Municipal Code is hereby added to read as follows: "3.28.350 Protest procedures. A. Any actual or prospective bidder, proposer, or contractor (collectively "bidder") who believes he or she has been aggrieved in connection with the solicitation or award of a contract pursuant to this Chapter may protest, in writing, to the Office of the City Clerk, within three (3) business days after posting of the award recommendation at the location where bids or proposals are submitted. The protest shall be deemed filed only when it is actually received by the Office of the City Clerk. B The bidding documents shall include a statement referencing this section as the requirement for filing a protest. C. In the event a timely protest is filed as provided in this section, the Finance Director may, but is not required to, suspend the award of the contract until the protest is resolved. D. The protest shall be in writing and shall contain the following information: 1. The name, address and telephone number of the protester; 2. A specific identification of the statutory or regulatory provisions(s) that the action complained of is alleged to have violated; 3. A specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (A) of this subsection; 4. A precise statement of the relevant facts; 5. An identification of the issue or issues to be resolved; 6. Argument and authorities in support of the protest; and 7. A statement that copies of the protest have been mailed or delivered to the Finance Director. E. If applicable, the Finance Director shall meet and confer with the protestor in an effort to resolve the issues described in the protest. F. If the Finance Director is unable to resolve the protest, the protest shall be referred to the City Manager. The City Manager shall have authority to settle and resolve a protest. The City Manager may, but is not required to, solicit written responses to the protest from other interested parties. The City Manager may establish additional procedures for the resolution of a protest and may refer the matter to a hearing officer. The City Manager's decision shall be final and conclusive and shall not be subject to appeal to the City Council under Chapter 2.36 of this Code. Section 2. Section 3.32.010 (Construction on public projects) of the Temecula Municipal Code is hereby amended to read as follows: "3.32.010. Construction on public projects. The provisions of this chapter shall apply to the construction on public projects not more than one hundred seventy-five thousand dollars ($175,000). Public projects of thirty thousand dollars ($30,000) or less may be performed by city employees by force account, by negotiated contract or by purchase order. Public projects of one hundred seventy-five thousand dollars ($175,000) or less may be let to contract by informal procedures as set forth in this chapter." Section 3. Section 3.32.060 (Protest procedures) of the Temecula Municipal Code is hereby added to read as follows: "3.32.060 Protest procedures. A. Any actual or prospective bidder, proposer, or contractor (collectively "bidder") who believes he or she has been aggrieved in connection with the solicitation or award of a contract pursuant to this Chapter may protest, in writing, to the Office of the City Clerk, within three (3) business days after posting of the award recommendation at the location where bids or proposals are submitted. The protest shall be deemed filed only when it is actually received by the Office of the City Clerk. B The bidding documents shall include a statement referencing this section as the requirement for filing a protest. C. In the event a timely protest is filed as provided in this section, the Finance Director may, but is not required to, suspend the award of the contract until the protest is resolved. D. The protest shall be in writing and shall contain the following information: 1. The name, address and telephone number of the protester; 2. A specific identification of the statutory or regulatory provisions(s) that the action complained of is alleged to have violated; R:/Ords 2011/Ords 11-05 2 3. A specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (A) of this subsection; 4. A precise statement of the relevant facts; 5. An identification of the issue or issues to be resolved; 6. Argument and authorities in support of the protest; and 7. A statement that copies of the protest have been mailed or delivered to the Finance Director. E. If applicable, the Finance Director shall meet and confer with the protestor in an effort to resolve the issues described in the protest. F. If the Finance Director is unable to resolve the protest, the protest shall be referred to the City Manager. The City Manager shall have authority to settle and resolve a protest. The City Manager may, but is not required to, solicit written responses to the protest from other interested parties. The City Manager may establish additional procedures for the resolution of a protest and may refer the matter to a hearing officer. The City Manager's decision shall be final and conclusive and shall not be subject to appeal to the City Council under Chapter 2.36 of this Code. Section 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. R:/Ords 2011/Ords 11-05 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of July, 2011. Ron Roberts, 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 Ordinance No. 11-05 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of July, 2011, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of July, 2011, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2011/Ords 11-05 4 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 13 ACTION MINUTES of JULY 12, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:50 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS CSD CONSENT CALENDAR 12 Action Minutes — Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Approve the action minutes of June 28, 2011. 13 Annual Tree Trimming and Maintenance Services — Approved Staff Recommendation (5-0-0) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve the Agreement with West Coast Arborists, Inc. in the amount of $435,000 annually, plus a 10% contingency in the amount of $43,500 for tree trimming and maintenance services for fiscal years 2011-12 and 2012-13. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes\071211 1 CSD ADJOURNMENT At 7:52 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 26, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes\071211 2 Item No. 14 Approvals City Attorney Director of Finance City Manager "Ref— OtoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: July 26, 2011 SUBJECT: Award of a Construciton Contract for the Margarita Road Right -of -Way Enhancement Project No. PW10-04 PREPARED BY: Greg Butler, Director of Public Works/City Engineer David McBride, Senior Engineer Bill McAteer, Construction Manager RECOMMENDATION: That the Board of Directors: 1. Award the construction contract for the Margarita Road Right -of -Way Enhancement Project No. PW10-04, to KASA Construction, Inc. in the amount of $218,880.00. 2. Authorize the General Manager to approve change orders not to exceed the contingency amount of $21,888.00 which is equal to 10% of the contract amount. 3. Make a finding that the Margarita Road Right -of -Way Enhancement Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The Margarita Road Right -of -Way Enhancement Project No. PW10-04 will landscape the public right of way areas behind the sidewalk along the east side of Margarita Road from Ramsey Court to Avenida Cima Del Sol. The purpose of the project is to enhance the easterly curb line of Margarita Road with new slope protection, fencing, trees and landscaping and irrigation. On May 10, 2011, the City Council approved the Plans and Specifications and authorized staff to solicit construction bids. On July 13, 2011, five (5) bids were electronically opened and publicly posted on PlanetBids. The results were as follows: 1. KASA Construction, Inc. $218,880.00 2. Rancho Pacific Engineering, Inc. $223,687.41 3. EBS General Engineering, Inc $651,350.00 YAKAR (Unresponsive) Aramexx Construction (Unresponsive) The bids from YAKAR and Aramexx Construction were deemed unresponsive because they failed to submit all the required documents. The Engineer's Estimate for the project was $222,000. The specifications call for a duration of 50 working days or approximately two and one half months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Margarita Road Right of Way Enhancement Project consists of modifications of existing improvements within existing rights of way with no new disturbed areas subject to MSHCP fees and therefore the project is exempt per RCA guidelines. FISCAL IMPACT: The Margarita Road Right -of -Way Enhancement Project is included in the City's FY12-16 Capital Improvement Program (CI P) budget and is funded with Capital Project Reserves and Reimbursement/Other (TCSD). Adequate funds are available in the Project Account. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location Map TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR MARGARITA ROAD RIGHT-OF-WAY ENHANCEMENT PROJECT NO. PW10-04 THIS CONTRACT, made and entered into the 26th day of July, 2011, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and KASA Construction, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled MARGARITA ROAD RIGHT-OF-WAY ENHANCEMENT, PROJECT NO. PW10-04., Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for MARGARITA ROAD RIGHT-OF-WAY ENHANCEMENT, PROJECT NO. PW10-04. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for MARGARITA ROAD RIGHT-OF-WAY ENHANCEMENT, PROJECT NO. PW10-04. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: MARGARITA ROAD RIGHT-OF-WAY ENHANCEMENT PROJECT NO. PW10-04. All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by DISTRICT. 3. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of DISTRICT or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO HUNDRED EIGHTEEN THOUSAND EIGHT HUNDRED EIGHTY DOLLARS and ZERO CENTS ($ 218,880.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed "Fifty" (50) working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. 5. CHANGE ORDERS. All change orders shall be approved by the Board of Directors, except that the General Manager is hereby authorized by the Board of Directors to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the Board of Directors. 6. PAYMENTS LUMP SUM BID SCHEDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the DISTRICT, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the DISTRICT on forms provided by the DISTRICT. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The District hereby delegates its authority to reduce the retention to the Deputy Director of Public Works. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to DISTRICT the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by DISTRICT. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to DISTRICT. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to DISTRICT. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against DISTRICT. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the DISTRICT related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the DISTRICT, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend TEMECULA COMMUNITY SERVICES DISTRICT, CITY OF TEMECULA, and/or REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO DISTRICT OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to DISTRICT. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the DISTRICT. 17. INSPECTION. The work shall be subject to inspection and testing by DISTRICT and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The 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 Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the DISTRICT addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR KASA Construction, Inc. 316 N Corona Ave. Ontario, CA, 91764 909-457-8260 By: Diana Kasbar. President By: Sam Kasbar, Vice President (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA COMMUNITY SERVICES DISTRICT ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: Jeff Comerchero, President -' CITY OF TE,MECULA MARGARITA ROAD RIGHT-OF-WAY ENHANCEMENTS Parks and Recreation Project Project Description: Design and install irrigation and landscape in the right-of-way to enhance Margarita Road from Via La Vida to Avenida Sonoma. Benefit: The project will add landscaping in the right-of-way to enhance Margarita Road from Via La Vida to Avenida Sonoma. Project Status: Project is in design. Department: Temecula Community Services—Account No. 210.190.154 Priority: I Project Cost: to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Years Project Cost Actuals Future Total Administration $ 51,000 $ 51,000 Construction $ 26,990 $250,000 $ 250,000 Design $ 26,990 $ 7,000 $ 33,990 Totals $ 26,990 $ 308,000 $ - $ - $ - $ - S - $ 334,990 Source of Funds: Actuals Future Total to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Years Project Cost Capital Project Resenes $ 26,990 $116,000 $ 142,990 Reimbursement/Other (TCSD) $192,000 $ 192,000 Total Funding: $ 26,990 $308,000 $ - $ - $ - $ - $ - $ 334,990 Future Operation & Maintenance Costs: 2011-12 2012-13 2013-14 2014-15 2015-16 $ 6,250 $ 6,375 $ 6,503 $ 6,633 $ 6.765 127 MARGARITA ROAD RIGHT-OF-WAY ENHANCEMENTS Parks and Recreation Project Location AVENIDA LIMA DEL SOL Aerial Data - March 2010 0 300 600 Feet 1,200 126 TCSD DEPARTMENTAL REPORT Item No. 15 Approvals City Attorney Director of Finance City Manager "Ref— OtoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: July 26, 2011 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant A grand opening celebration was held on July 23, 2011 for the Harveston Center. The event provided residents with a glimpse of the activities that will be offered at the Harveston Center, located in the Harveston Community, which will serve as a community center on the north end of the City, offering residents a wide variety of classes, programs, and activities, and rental opportunities on the weekends. A conceptual design for the Old Town Gymnasium project was completed and approved by the Community Services Commission and City Council. The new gymnasium project will include the construction of a regulation size basketball court, restroom facilities, seating for spectators and an office. The project is currently in design development and we anticipate the plans to be completed and the project ready for bid in the next 30 days. "Art at the Merc" continues to provide local artists with an opportunity to display their art work. On Friday, July 29, 2011, an artist reception will be held for Charles Bibb, a renowned creator of African American Art who resides in the Inland Empire. Mr. Bibb's art will be on display in the Gallery at the Merc and the Public Library through August. Sherry Williams will be providing entertainment during the reception. Our Aquatics staff is actively pursuing a variety of different grant opportunities to implement an aquatics program specifically for those with special needs. Staff would like to explore the opportunity to provide learn to swim opportunities for young people with special needs and basic water skills for special needs populations. There are several grant opportunities that staff is actively pursuing. The Human Services Division is currently coordinating the Annual College Fair to be held September 24, 2011 at the Promenade Mall. The successful event will offer local students an opportunity to meet and discuss college and vocational school programs from over 100 schools. The Maintenance Division has developed a design for the replacement of the water slide at the Community Recreation Center swimming pool. Design specifications are being developed and it is envisioned that we will begin the bid process to replace the water during the summer and the installation of the new water slide in October to avoid conflicting with our summer aquatics programs. Summer is here and the Recreation Division is actively programming several youth camp programs, as well as the summer day camp program, F.A.M. nights, aquatics programs and more. The Recreation Division successfully concluded the Annual 4th of July festivities with an estimated 7000 in attendance at the 4th of July Parade, and approximately 15,000 in attendance at the Sports Park festivities. The event was a huge success. The Cultural Arts Division is proud to offer the 2011-2012 Season of Temecula Presents. The season calendar offers many opportunities for cultural experiences in the Theater Arts including dance, classical, blues, etc. Additionally, the annual Summer Sunsets Film and Concert Series are underway and presenting to record attendance. The TCSD Maintenance Division plays an integral role in assisting with the many citywide special events held each month. In addition, the Maintenance Division continues to oversee the maintenance and rehabilitation of all City parks and facilities. REDEVELOPMENT AGENCY Item No. 16 ACTION MINUTES of JULY 12, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:52 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS RDA CONSENT CALENDAR 14 Action Minutes - Approved Staff Recommendation (5-0-0) Agency member Comerchero made the motion; it was seconded by Agency member Washington and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Approve the action minutes of June 28, 2011. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:53 P.M., the Redevelopment Agency meeting was formally adjourned to Tuesday, July 26, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RDA Action Minutes\071211 1 RDA DEPARTMENTAL REPORT Item No. 17 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: July 26, 2011 SUBJECT: Redevelopment Department June Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Town Square Market Place - As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office space surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent property owners. They have worked closely with Staff on site planning issues. On January 22, 2009 the Executive Director granted a three-month extension to the Exclusive Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy Staff recommended the Agency extend the ENA an additional six months. On May 26, 2009 Agency Board approved a six (6) month extension to the ENA. Agency Staff met with the Agency sub- committee in February 2010 and received direction to take an extension of one year with the possibility of an additional one year administrative extension which the Agency approved on March 9, 2010. Due to Pelican Property's lack of progress on the project the Agency allowed the ENA to expire in February. Agency staff anticipates going out with a new solicitation of interest in an attempt to identify a preferred developer in which to enter into a ground lease for the future development of the Town Square Marketplace. Facade Improvement Program - The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $80,000 is available during FY 2010-2011. As of July 1, 2010, the Agency began accepting applications for the program. Currently, funding for the following projects is in process: • Temecula Stampede — Exterior Repairs and Paint • Emporium Center — Exterior Facade Renovation Additionally, in January 2011, the Agency transferred $66,802 from the Facade Improvement budget line item to fund the Agency's obligation under the Owner Participation Agreement (OPA) between the Agency and Abbott. This program is currently frozen due to legislation passed by the State of California. This program will remain frozen until staff receives more information regarding the legislation. HOUSING 3rd and Front Street Development - On February 22, 2011 the Agency board approved the Owner Participation Agreement between the Agency and Front Street Plaza Partners Inc for the development of a 25 -unit affordable housing development at the southwest corner of Old Town Front Street and 3`d Street. Of the 25 units in the proposed development, 23 will be restricted at affordable rents for 55 years. The remaining 2 units will be rented at market rate rents. The development itself is to include restaurant space on the ground floor with office and residential space on floors two through four. Plans call for a gated garage that would provide a total of 25 parking spaces, or one space per residential unit. Agency funding for this development will come at the completion of the project. The developer is currently working to relocate existing tenants and is scheduled to close escrow on the property by the end of July. AMCAL Pujol Apartments - On February 22, 2011 the Agency board approved the Owner Participation and Grant Agreement between the Agency and AMCAL Pujol Fund L.P. for the development of a 45 -unit affordable housing development on the west side of Pujol Street between Main Street and First Street. The plans call for the development of 45 affordable units on 1.5 acres. The site will include a parking garage with two designated spots per residential unit. The units themselves will consist of a mix of two and three bedroom units. Additionally the site will include a pool and community room. The Developer closed escrow on a portion of the property and has submitted its entitlement application which is currently under review. The developer is also in the process of preparing their Tax Credit Application which is due in September. R.C. Hobbs Exclusive Negotiating Agreement - The R.C. Hobbs Company approached the Agency regarding the possible development of mixed income affordable housing on vacant Agency owned property located at 28640 Pujol Street. Considering Hobbs' background and recent Staff experience working with the organization, Staff felt that Hobbs would be a quality partner on an affordable housing development at the aforementioned location. Hobbs requested that the Agency and Hobbs enter into an ENA with a one-year term with a potential six month extension by written approval of the Executive Director. The Agency approved the ENA at its February 9, 2010 meeting. An appraisal for the subject property was commissioned by the Agency and completed on June 24, 2010. The Agency and R.C. Hobbs continue to negotiate potential development on the subject site. On February 7, 2011, R.C. Hobbs requested that the provision of the ENA that allows for an administrative extension of up to 6 months be exercised. The Executive Director of the Agency approved this extension and the ENA has been extended to August 9, 2011 First Time Homebuvers Program - On July 22, 2008, the City Council approved an amendment to increase the loan amount for down payment assistance from $24,000 to $65,000. This down payment assistance allows qualifying households to purchase homes in the $200,000-$300,000 price range. The program budget for FY 2010/2011 is $1,000,000. As of July 1, 2010, the Agency began accepting applications. Currently, two loans for a total amount of $90,800 have been funded for this fiscal year. Additionally, in January 2011, the Agency transferred $850,000 from the First Time Homebuyers budgeted line item to ensure adequate funding of two potential affordable housing developments this fiscal year (2010-2011). This program is currently frozen due to legislation passed by the State of California. This program will remain frozen until staff receives more information regarding the legislation. Summerhouse - The Agency negotiated an Owner Participation Agreement ("OPA") with Summerhouse Housing Partners L.P for the purchase and development of the Summerhouse community. The Agency Board approved the OPA on September 22, 2009. The OPA terms require the development of 70 affordable units at very -low income, 20 units at moderate income, and 20 units at senior affordable income, for a total of 110 affordable units. The terms of this agreement place affordability restrictions on the property for 55 years. Immediately following the close of escrow, Summerhouse Housing Partners L.P. began the clean-up and restoration of the site. A Development Plan has been approved by the City and construction of the 20 units is complete. The Agency processed the Notice of Completion and leasing of the 20 units is underway. The Developer and Agency executed a third and fourth amendment to the Owner Participation Agreement which provided for the splitting from two phases into three and reallocating part of the Agency's contribution from phase 3 into phase 2. Neither of the amendments changed to the total amount of Agency contribution from that which was originally approved by the City Council on September 22, 2009. The Agency and the Developer recently executed a fifth amendment to the Owner Participation Agreement which provides for the reallocation of Agency funds from phase III into Phase II. The aggregate total of Agency funding did not change Diaz Road Request for Interest - The Agency issued a Request for Interest to select a preferred buyer for the 30 -acre site located on Diaz Road. Two firms responded. The Agency is currently reviewing the submittals and is anticipating meeting with potential buyers in May. Once a buyer is selected it is anticipated that the Agency and buyer will enter into a Purchase and Sale Agreement with an escrow period of 60-90 days. As of June 30 2011 no qualified buyers have submitted proposals. Residential Improvement Program - The Residential Improvement Program (RIP) provides funding assistance to low and moderate income level homeowners to do exterior improvements to their home and property. The program budget for FY 201112012 is $400,000. The Agency began taking applications for the program July 1, 2011. Currently, over 30 appointments for application delivery have been scheduled. This program is currently frozen due to legislation passed by the State of California. This program will remain frozen until staff receives more information regarding the legislation. Supportive Housing/Services - The Agency, in collaboration with the Temecula Housing Authority, intends to continue to serve the needs of the low and moderate income households and individuals by continuing to construct affordable housing units within the City. In addition to its efforts to construct new units, the Agency also intends to provide Supportive Services to assist moderate, low, very low and extremely income households and individuals within the community. Supportive Services will include, providing housing, food, clothing, counseling, health care and day care services, among other services, to assist these families and individuals. In order to achieve this, a number of specific action steps have been identified to meet the needs of these populations. The recommended action steps were approved by City Council on May 10, 2011. TEMECULA PUBLIC FINANCING AUTHORITY Item No. 18 ACTION MINUTES of JUNE 14, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA PUBLIC FINANCING AUTHORITY The Temecula Public Financing Authority convened at 8:52 P.M. CALL TO ORDER: Vice Chair Person Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Washington, Roberts Absent: TPFA PUBLIC COMMENTS There were no public comments. TPFA CONSENT CALENDAR Roberts 31 Action Minutes - Approved Staff Recommendation (4-0-1) Agency Member Comerchero made the motion; it was seconded by Agency Member Edwards and electronic vote reflected approval with the exception of Chair Person Roberts who was absent RECOMMENDATION: 31.1 Approve the action minutes of April 5, 2011. 32 Community Facilities District No. 2003-02 (Roripauqh Ranch) Initiation of Action Necessary to Foreclose Delinquent Special Tax Liens - Approved Staff Recommendation (4-0-1) Agency Member Comerchero made the motion; it was seconded by Agency Member Edwards and electronic vote reflected approval with the exception of Chair Person Roberts who was absent RECOMMENDATION: 32.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 11-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) R:1Minutes.tpfa1061411 1 ADJOURNMENT At 8:53 P.M., the Temecula Public Financing Authority meeting was formally adjourned to Tuesday, June 28, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:1Minutes.tpfa1061411 2 Item No. 19 Approvals City Attorney Director of Finance City Manager "Ref— OtoL TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 26, 2011 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-1 (Crowne Hill) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On January 28, 2003, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District") and, thereafter, took the necessary actions to issue bonds on July 24, 2003, in the amount of $12,155,000, and on July 26, 2005, in the amount of $6,000,000. The proceeds of the bonds were used to eliminate a County special assessment lien on the land in the CFD and to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The maximum special tax levy required for fiscal year 2011/12, as calculated by the City's special tax consultant, is $1,094,812.52, which includes both the original issue and the second issue. This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "2011/12 Budget Worksheet." A bond call was performed in fiscal year 2010/11 for the Series B bonds in the amount of $250,000 which is a result of accumulated surplus funds received as prior year delinquent parcels became current on their taxes. The bond call resulted in a reduction to the annual debt service of approximately $15,000 per year. The City anticipates performing annual bond calls in future years with any surplus funds remaining. FISCAL IMPACT: The calculated maximum special tax levy required for the 2011/12 fiscal year is $1,094,812.52. ATTACHMENTS: Resolution No. TPFA 11- 2011112 Budget Worksheet RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-1 (Crowne Hill) (the "CFD"), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, there is to be levied an aggregate special tax of $1,094,812.52 on the taxable parcels located in the CFD for Fiscal Year 2011-12 as set forth on a magnetic tape to be provided by Willdan Financial Services to the Auditor - Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-05 the Indenture of Trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-1 (Crowne Hill)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 26th day of July, 2011. Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 11- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 26th day of July, 2011, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Cit of Temecula 2011112 Budget Worksheet Community Facilities District No. 03-1 (Crowne Hill) Fund Number 682928 Levy Components 2010/11 2011112 PRINCIPAL AND INTEREST Principal Series A Interest Series A Principal Series B Interest Series B TOTAL $245, 000.00 $616,376.26 $40, 000.00 180, 828.76 $1,082,205.02 $255,000.00 $605,106.26 $40,000.00 167, 012.50 $1,067,118.76 ADMINISTRATION COSTS Agency administrative costs Trustee/Paying Agent costs County Collection Fees Arbitrage calculation costs Consulting services Continuing disclosure/dissemination Administration expenses Delinquency Management Charges Reserve for Delinquencies Other costs TOTAL Total Principal, Interest and Admin Costs $18,000.00 $18,000.00 $5,300.00 $5,300.00 569.81 633.77 0.00 0.00 6,784.55 2,800.00 1,352.64 800.00 160.00 160.00 0.00 0.00 0.00 0.00 0.00 0.00 $32,167.00 $27,693.77 $1,114,372.02 $1,094,812.53 ADJUSTMENTS APPLIED TO LEVY Reserve Fund Credit Special Tax Fund Credit Miscellaneous/Adjustment Credit TOTAL $0.00 0.00 (2.26) ($2.26) $0.00 0.00 0.00 $0.00 TOTAL CHARGE Total Charge Applied Charge Difference (due to rounding) (1) $1,114,369.76 $1,114,369.76 $0.00 $1,094,812.53 $1,094,812.52 $0.01 ADDITIONAL INFORMATION Number of Active Parcels Number of Parcels Levied Admin Costs as a percent of Annual Levy 850 796 850 796 2.89% 2.53% Notes: (1) The round amount is used to ensure that each parcel's levy amount is divisible by two, as required by the County Auditor Controller. Item No. 20 Approvals City Attorney Director of Finance City Manager "Ref— OtoL TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 26, 2011 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 01-2 (Harveston) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On December 11, 2001, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District") and, thereafter, approved the necessary actions to issue variable rate special tax bonds on August 28, 2002, in the amount of $17,310,000. Proceeds of the bonds in the amount of $11,025,000 were used to pay the redemption price of the 1998 Winchester Hills bonds and to establish an escrow fund to pay the sinking fund payments. Additional proceeds were used to finance various public improvements specified in the CFD proceedings. On July 11, 2006, the Authority adopted a resolution authorizing the issuance of special tax refunding bonds. These bonds were issued on September 1, 2006 in the amount of $17,545,000 and were used to refund the special variable rate tax bonds issued on August 28, 2002. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy, as calculated by the City's special tax consultant, required for the 2011/12 fiscal year is $1,376,473.52, which is the sum of CFD 01-2 A & B (as noted in exhibits). This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "2011/12 Budget Worksheet." A levy adjustment has been applied in order to reconcile several parcels that should have been charged in fiscal year 2009/10 but did not receive a levy that fiscal year. A bond call was performed in fiscal year 2010/11 for the Series B bonds in the amount of $100,000 which is a result of accumulated surplus funds received as prior year delinquent parcels became current on their taxes. The bond call resulted in a reduction to the annual debt service of approximately $8,000 per year. The City anticipates performing annual bond calls in future years with any surplus funds remaining. FISCAL IMPACT: $1,376,473.52. ATTACHMENTS: The calculated special tax levy required for the 2011/12 fiscal year is Resolution No. TPFA 11- 2011112 Budget Worksheet RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 01-2 (Harveston) (the "CFD"), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 02-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, there is to be levied an aggregate special tax of $1,376,473.52 on the taxable parcels located in the CFD for Fiscal Year 2011-12 as set forth on a magnetic tape to be provided by Willdan Financial Services to the Auditor - Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 02-03 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 01-2 (Harveston)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 26th day of July, 2011. Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 11- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 26th day of July, 2011, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Cit of Temecula 2011/12 Budget Worksheet Community Facilities District No. 01-2 (Harveston) Fund Number 682927 Levy Components 2010/11 2011/12 PRINCIPAL AND INTEREST Principal Series A Interest Series A Principal Series B Interest Series B TOTAL $295,000.00 $305,000.00 $584,113.76 $572, 313.76 $55,000.00 $60,000.00 137, 861.26 135, 496.26 $1,071,975.02 $1,072,810.02 ADMINISTRATION COSTS Agency Administrative Costs Trustee/Paying Agent costs County Collection Fees Arbitrage Calculation Costs Consultant Services Continuing Disclosure/dissemination Administration Expenses Delinquency Management Costs Reserve for Delinquencies Other Costs TOTAL Total Principal, Interest and Admin Costs $32,500.00 $32,500.00 2,850.00 2,850.00 956.67 1,085.61 0.00 2,500.00 7,408.99 3,200.00 1,852.64 700.00 180.00 180.00 0.00 0.00 0.00 0.00 0.00 0.00 $45,748.30 $43,015.61 $1,117,723.32 $1,115,825.63 ADJUSTMENTS APPLIED TO LEVY Reserve Fund Credit Special Tax Fund Credit Miscellaneous/Adjustment Credit TOTAL $0.00 0.00 (25,521.52) ($25,521.52) $0.00 0.00 22, 621.88 $22,621.88 TOTAL CHARGE Total Charge Applied Charge Difference (due to rounding) (1) $1,092,201.80 $1,092,201.78 $0.02 $1,138,447.51 $1,138,447.50 $0.01 ADDITIONAL INFORMATION Number of Active Parcels Number of Parcels Levied Admin Costs as a percent of Annual Levy 1,746 1,471 1,746 1,502 4.19% 3.78% Notes: (1) The round amount is used to ensure that each parcel's levy amount is divisible by two, as required by the County Auditor Controller. ADMINISTRATION COSTS Cit of Temecula 2011/12 Budget Worksheet Community Facilities District No. 01-2 (Harveston Park Maintenance) Fund Number 682926 Levy Components 2010/11 2011/12 MAINTENANCE AND SERVICES Park Maintenance TOTAL Agency Adminstrative Costs County Collection Fees TOTAL Total Maintenance and Services and Admin Costs $219,854.42 $219,854.42 $2,500.00 1,012.93 $3,512.93 $223,367.35 $227, 474.05 $227,474.05 $2,500.00 1,085.61 $3,585.61 $231,059.66 ADJUSTMENTS APPLIED TO LEVY Miscellaneous/Adjustment Credit TOTAL 3,895.95 $3,895.95 6,966.36 $6,966.36 TOTAL CHARGE Total Charge Applied Charge Difference (due to rounding) (1) $227,263.30 $227,263.30 $0.00 $238,026.02 $238,026.02 $0.00 ADDITIONAL INFORMATION Number of Active Parcels Number of Parcels Levied Admin Costs as a percent of Annual Levy 1,746 1,471 1.55% 1,746 1,502 1.51% Notes: (1) The round amount is used to ensure that each parcel's levy amount is divisible by two, as required by the County Auditor Controller. Item No. 21 Approvals City Attorney Director of Finance City Manager "Ref— OtoL TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 26, 2011 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-6 (Harveston II) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-6 (HARVESTON II) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On October 22, 2003, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District") and, thereafter, approved the necessary actions to issue special tax bonds on August 26, 2004, in the amount of $4,845,000. The proceeds of the bonds were used to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy for fiscal year 2011/12, as calculated by the City's special tax consultant, is $373,053.34. This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "2011/12 Budget Worksheet." A levy adjustment has been applied in order to reconcile several parcels that should have been charged in fiscal year 2009/10 but did not receive a levy that fiscal year. A bond call was performed in fiscal year 2010/11 in the amount of $25,000 which is a result of accumulated surplus funds received as prior year delinquent parcels became current on their taxes. The bond call resulted in a reduction to the annual debt service of approximately $2,000 per year. The City anticipates performing annual bond calls in future years with any surplus funds remaining. FISCAL IMPACT: $373,053.34. ATTACHMENTS: The calculated special tax levy required for the 2011/12 fiscal year is Resolution No. TPFA 11- 2011/12 Budget Worksheet RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-6 (HARVESTON II) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-6 (Harveston II) (the "CFD"), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-03 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-27 and Ordinance No. TPFA 03-03, there is to be levied an aggregate special tax of $373,053.34 on the taxable parcels located in the CFD for Fiscal Year 2011/12 as set forth on a magnetic tape to be provided by Willdan Financial Services to the Auditor - Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-27 and Ordinance No. TPFA 03-03, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-27 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-6 (Harveston II)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 26th day of July, 2011. Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 11- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 26th day of July, 2011, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Cit of Temecula 2011/12 Budget Worksheet Community Facilities District No. 03-06 (Harveston II) Fund Number 682924 Levy Components 2010/11 2011/12 PRINCIPAL AND INTEREST Principal Interest TOTAL $100,000.00 236,747.50 $336,747.50 $105,000.00 231, 417.50 $336,417.50 ADMINISTRATION COSTS Agency administrative costs Trustee/Paying Agent costs County collection fees Arbitrage calculation costs Consulting services Continuing disclosure/dissemination Administration expenses Delinquency Management Charges Reserve for Delinquencies Other Costs TOTAL Total Principal, Interest and Admin Costs $15,000.00 $15,000.00 3,350.00 2,750.00 781.51 893.61 0.00 0.00 6,222.33 2,800.00 1,352.64 700.00 150.00 150.00 0.00 0.00 0.00 0.00 0.00 0.00 $26,856.48 $22,293.61 $363,603.98 $358,711.11 ADJUSTMENTS APPLIED TO LEVY Reserve Fund Credit Special Tax Fund Credit Miscellaneous/Adjustment Credit TOTAL $0.00 $0.00 0.00 0.00 (18,834.63) 14,342.24 ($18,834.63) $14,342.24 TOTAL CHARGE Total Charge Applied Charge Difference (due to rounding) $344,769.35 $373,053.35 $344,769.30 $373,053.34 $0.05 $0.01 ADDITIONAL INFORMATION Number of Active Parcels Number of Parcels Levied Admin Costs as a percent of Annual Levy 1,383 1,383 1,169 1,202 7.79% 5.98% Notes: (1) The round amount is used to ensure that each parcel's levy amount is divisible by two, as required by the County Auditor Controller. Item No. 22 Approvals City Attorney Director of Finance City Manager "Ref— OtoL TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 26, 2011 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-2 (Roripaugh Ranch) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-2 (RORIPAUGH RANCH) BACKGROUND: The Temecula Public Financing Authority was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On August 24, 2004, the Authority adopted a resolution of intention relative to a proposed community facilities district (the "District") and, thereafter, took the necessary actions to issue bonds on April 13, 2006, in the amount of $51,250,000. The proceeds of the bonds were used to eliminate a County special assessment lien on the land in the CFD and to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority, secured solely by the special taxes levied in the District and a letter of credit provided by the Developer. The maximum special tax levy required for fiscal year 2011/12, as calculated by the City's special tax consultant, is $3,565,384.57. This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "2011/12 Budget Worksheet." FISCAL IMPACT: The calculated maximum special tax levy required for the 2011/12 fiscal year is $3,565,384.57. ATTACHMENTS: Resolution No. TPFA 11- 2011/12 Budget Worksheet RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-2 (RORIPAUGH RANCH) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-2 (Roripaugh Ranch) (the "CFD"), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 05-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 05-01 and Ordinance No. TPFA 05-01, there is to be levied an aggregate special tax of $3,565,384.57 on the taxable parcels located in the CFD for Fiscal Year 2011/12 as set forth on a magnetic tape to be provided by Willdan Financial Services to the Auditor - Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 05-1 and Ordinance No. TPFA 05-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 05-01 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-2 (Roripaugh Ranch)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 26th day of July, 2011. Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 11- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 26th day of July, 2011, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Cit of Temecula 2011/12 Budget Worksheet Community Facilities District No. 03-02 (Roripaugh Ranch) Fund Number 682929 Levy Components 2010/11 2011/12 PRINCIPAL AND INTEREST Principal Interest TOTAL $905,000.00 2, 596, 575.00 $3,501,575.00 $945,000.00 2, 554, 492.50 $3,499,492.50 ADMINISTRATION COSTS Agency administration costs Trustee/Paying Agent Costs County collection fees Arbitrage calculation costs Consultant services Continuing disclosure/disseminattion Adminisration expenses Delinquency management costs Reserve for Delinquencies Other Costs TOTAL Total Principal, Interest and Admin Costs $60,000.00 $60,000.00 1,850.00 1,850.00 287.93 327.85 2,500.00 0.00 9,018.43 2,800.00 1,352.64 700.00 215.00 215.00 0.00 0.00 0.00 0.00 0.00 0.00 $75,224.00 $65,892.85 $3,576,799.00 $3,565,385.35 ADJUSTMENTS APPLIED TO LEVY Reserve Fund Credit Special Tax Fund Credit Miscellaneous/Adjustment Credit TOTAL $0.00 0.00 0.00 $0.00 $0.00 0.00 0.00 $0.00 TOTAL CHARGE Total Charge Applied Charge Difference (due to rounding) (1) $3,576,799.00 $3,576,798.22 $0.78 $3,565,385.35 $3,565,384.57 $0.78 ADDITIONAL INFORMATION Number of Active Parcels Number of Parcels Levied Admin Costs as a percent of Annual Levy 329 318 2.10% 329 318 1.85% Notes: (1) The round amount is used to ensure that each parcel's levy amount is divisible by two, as required by the County Auditor Controller. Item No. 23 Approvals City Attorney Director of Finance City Manager "Ref— OtoL TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 26, 2011 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On July 22, 2003, the Authority adopted a resolution of intention relative to a proposed community facilities district (the "District) and, thereafter, approved the necessary actions to issue special tax bonds on December 18, 2003, in the amount of $30,990,000. Proceeds of the bonds in the amount of $4,409,530 were used to discharge the assessment liens on property in the District for the County's Assessment District No. 159. Additional proceeds are being used to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy, as calculated by the City's special tax consultant, required for the 2011/12 fiscal year is $2,157,066.12. This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "2011/12 Budget Worksheet." The budget includes a $50,000 levy credit which is a result of accumulated surplus funds received as prior year delinquent parcels became current on their taxes. The City anticipates performing annual bond calls beginning in September 2012 with any surplus funds remaining. FISCAL IMPACT: The calculated special tax levy required for the 2011/12 fiscal year is $2,157,066.12. ATTACHMENTS: Resolution No. TPFA 11- 2011/12 Budget Worksheet RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-3 (Wolf Creek) (the "CFD"), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-02 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-02, there is to be levied an aggregate special tax of $2,157,066.12 on the taxable parcels located in the CFD for Fiscal Year 2011-12 as set forth on a magnetic tape to be provided by Willdan Financial Services to the Auditor - Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-2, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-22 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-3 (Wolf Creek)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 26th day of July, 2011. Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 11- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 26th day of July, 2011, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Cit of Temecula 2011/12 Budget Worksheet Community Facilities District No. 03-03 (Wolf Creek) Fund Number 682921 Levy Components 2010/11 2011/12 PRINCIPAL AND INTEREST Principal Interest TOTAL $600,000.00 1, 567, 875.00 $2,167,875.00 $625,000.00 1, 542, 975.00 $2,167,975.00 ADMINISTRATION COSTS Agency administrative costs Trustee/Paying Agent costs County Collection fees Arbitrage calculation costs Consultant services Continuing disclosure/dissemination Administration expenses Delinquency management costs Reserve for Delinquenices Other Costs TOTAL Total Principal, Interest and Admin Costs $30,000.00 $30,000.00 3,950.00 3,800.00 1,030.91 1,241.13 0.00 0.00 6,222.33 3,200.00 1,352.64 700.00 150.00 150.00 0.00 0.00 0.00 0.00 0.00 0.00 $42,705.88 $39,091.13 $2,210,580.88 $2,207,066.13 ADJUSTMENTS APPLIED TO LEVY Reserve Fund Credit Special Tax Fund Credit Miscellaneous/Adjustment Credit TOTAL $0.00 (50, 000.00) 0.00 ($50,000.00) $0.00 (50, 000.00) 0.00 ($50,000.00) TOTAL CHARGE Total Charge Applied Charge Difference (due to rounding) (1) $2,160,580.88 $2,160,568.90 $11.98 $2,157,066.13 $2,157,066.12 $0.01 ADDITIONAL INFORMATION Number of Active Parcels Number of Parcels Levied Admin Costs as a percent of Annual Levy 1,888 1,599 1.98% 1,888 1,745 1.81% Notes: (1) The round amount is used to ensure that each parcel's levy amount is divisible by two, as required by the County Auditor Controller. COUNCIL BUSINESS Item No. 24 Approvals City Attorney Director of Finance City ManagerOtoL "Ref— fie, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn Nelson, City Manager DATE: July 26, 2011 SUBJECT: Amendment to CaIPERS Contract PREPARED BY: Grant Yates, Deputy City Manager RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 3. Certify PERS Form CON -12, Certification of Governing Body's Action. 4. Certify PERS Form CON -30, Certification of Compliance with Government Code Section 20475. SUMMARY OF ORDINANCE: The proposed ordinance amends the current CaIPERS contract to include a second-tier retirement formula of 2% @ 60 to be applied to only those employees hired after the second-tier implementation date. BACKGROUND: On June 14, 2011, the City Council approved a 2 -year Memorandum of Understanding (MOU), with the general employees represented by the Teamsters Local 911, that provided for the implementation of a second-tier PERS retirement formula of 2% @ 60 within the first year of the agreement. The 2% @ 60 formula will be applied to only those employees hired after the second-tier implementation date which is projected to be September 24, 2011. The addition of a second-tier 2% @ 60 retirement formula will allow the City the opportunity to reduce ongoing operating expenses on an annual basis as new employees are hired. FISCAL IMPACT: The City currently spends approximately $3 million dollars annually on retirement costs. The implementation of the 2% @ 60 formula has the potential to reduce these costs by one third or approximately $1 million dollars annually when fully implemented. ATTACHMENTS: Proposed Resolution, w/Amendment to Contract Exhibit Form CON -12, Certification of Governing Body's Action Form CON -30, Certification of Compliance with Government Code Section 20475 Proposed Ordinance, w/Amendment to Contract Exhibit RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may election to subject themselves and their employees to amendments to said Law; and Section 2. WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and Section 3. WHEREAS the following is a statement of the proposed change: To provide Section 20475 (Different Level of Benefits). Section 21353 (2% @ 60 Full formula) and Section 20037 (Three -Year Final Compensation) are applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day July of, 2011. Ron Roberts, 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. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of July, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CaIPERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Temecula The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective December 1, 1990, and witnessed November 8, 1990, and as amended effective October 25, 1997, August 24, 2002, July 10, 2004, April 24, 2009 and June 19, 2010 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective June 19, 2010, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members entering membership in the miscellaneous classification on or prior to the effective date of this amendment to contract and age 60 for local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. FLEASE D 11 "F'iipf i• 2. Public Agency shall participate in the Public Employees' Retirement System from and after December 1, 1990 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. PLEASE DO NOT SIGN "EX HULL I (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after July 10, 2004 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7 The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after July 10, 2004 and not on or after June 19, 2010 shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after June 19, 2010 and not entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full). ASE DO NOT SIGN "EXHIBIT ONLY" 10. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One -Year Final Compensation) for those local miscellaneous members entering membership on or prior to the effective date of this amendment to contract. b. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). c. Section 21574 (Fourth Level of 1959 Survivor Benefits). d. Section 21024 (Military Service Credit as Public Service). e. Section 20903 (Two Years Additional Service Credit). f. Section 20475 (Different Level of Benefits). Section 21353 (2% @ 60 Full formula) and Section 20037 (Three -Year Final Compensation) are applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective. on the BOARD OF ADMINISTRATION'.: PUBLIC EMPLOYEES' . ETIREMENT SYSTEM BY 0.�C-�J LORI MCGARTLAND, CHIEF EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT ER# 1522 PERS-CON-702A day of CITY COUNCIL CITY OF TEMECULA BY ,` �1• PRESIDING OFFICER t!Ye%s Date Attest: Clerk CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CaIPERS (225-7377) CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council (governing body) City of Temecula of the (public agency) on (date) Clerk/Secretary NNC/City Clerk Title PERS-CON-12 (rev. 1/96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CaIPERS (225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 20475 I hereby certify that the City Council of the (governing body) City of Temecula (public agency) has fully discharged all of the obligation imposed by Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, Government Code. Title Witness Date PERS-CON-30 (Rev. 1/96) ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That an amendment to the contract between the City Council of the City of Temecula and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made apart hereof as though herein set out in full. Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect at least 30 days after the date of its adoption and prior to the expiration of 30 days from the passage thereof shall be published at least once in the North County Times — The Californian and thenceforth and thereafter the same shall be in full force and effect. Section 4. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Ron Roberts, 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 Ordinance No. 11- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 26th day of July, 2011, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of, , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk DEPARTMENTAL REPORTS Item No. 25 Approvals City Attorney Director of Finance City ManagerOCL ffile-r. fie. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: July 26, 2011 SUBJECT: City Council Travel/Conference Report - June 2011 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On June 2, 2011, Mayor Ron Robert traveled to Kansas City, Missouri to attend the National League of Cities Transportation and Infrastructure Steering Committee Meeting. On June 12, 2011, Mayor Ron Roberts traveled to Boston, Massachusetts to attend the American Public Transportation Association Rail Conference. Attachment: Meeting Agendas NATIONAL LEAGUE OF CITIES TIS STEERING COMMITTEE MEETING THURSDAY JUNE 2, 2011— SATURDAY, JUNE 4, 2011 Friday, June 3 Ewing Marion Kauffman Foundation 4801 Rockhill Road Kansas City, MO 64110 (816) 932-1000 Friday, June 3, 2011 8:00 BREAKFAST BUFFET Brush Creek Room a.m. 9:00 WELCOME AND MEETING OVERVIEW a.m. David Sander, Chair BOARD LIAISON REPORTS Laura Padgett Saturday, June 4 InterContinental Kansas City at the Plaza 401 Ward Parkway Kansas City, MO 64112 (816) 756-1500 9:30 TRANSPORTATION AUTHORIZATION UPDATE (by telephone) a.m. Jennifer Hall, Counsel, House Transportation and Infrastructure Committee 10:00 BREAK (move to Kansas City Room for joint meeting with ITC) a.m. 10:15 INTELLIGENT TRANSPORTATION SYSTEMS (Kansas City Room) a.m. Ray Webb, Program Manager, Operation Greenlight, MARC 11:15 BREAK a.m. 11:30 TRANSPORTATION FINANCE: VIEW FROM THE STATES (via telephone) a.m. Nick Farber, Policy Associate, Transportation, National Conference of State Legislatures Joung Lee, Associate Director for Finance and Business Development, American Association of State Highway and Transportation Officers 12:30 LUNCH p.m. Joint lunch with the EENR and ITC Steering Committees 1:30 FREIGHT ISSUES: p.m. Coalition for America's Gateways and Trade Corridors, Leslie Blakey, CAGTC Executive Director (via telephone) Ken Hoffman, Board Member, Kansas City SmartPort 2:15 MID AMERICA REGIONAL COUNCIL (MARC) TRANSPORTATION INITIATIVES p.m. Ron Archelpohl, Assistant Director of Transportation, Mid-America Regional Council 3:00 DISCUSSION: NEPA AND PROJECT DELIVERY p.m. Michael Morris, P.E., Director of Transportation, North Central Texas Council of Governments 3:30 BREAK p.m. 3:45 JOINT DISCUSSION: TRANSPORTATION AUTHORIZATION AND REGULATORY p.m. REFORMS (joint meeting with EENR in the Kansas City Room) 5:15 RETURN TO INTERCONTINENTAL KANSAS CITY AT THE PLAZA HOTEL p.m. 6:45 BOARD BUS FOR DINNER p.m. Meet in the hotel lobby 7:00 DINNER WITH EENR STEERING COMMITTEE p.m. Kansas City Southern Railroad headquarters 9:30 BOARD BUS TO RETURN TO INTERCONTINENTAL KANSAS CITY AT THE p.m. PLAZA HOTEL Saturday, June 4, 2011 Intercontinental Hotel 8:00 a.m. BREAKFAST BUFFET Rooftop Room 9:00 a.m. POLICY DISCUSSION 9:45 a.m. "MOVING FREIGHT AND PASSENGERS IN THE 21ST CENTURY" CONFERENCE FOLLOW-UP 10:30 a.m. CITY INITIATIVES UPDA1`E 11:45 a.m. ADJOURNMENT 2011 Rail Conference Page 1 of 2 APTA` American Public Transportation Association 2011 Rail Conference The 2011 Rail Conference is scheduled for June 12-15, 2011 (Sunday through Wednesday), at the Boston Marriott Copley Place Hotel in Boston, MA. Discussions and workshops will cover safety and security, planning, sustainability, finance, capital projects, operations, and all technical or technological aspects of providing rail service. The focus is on timely issues of wide -spread interest for all rail modes, including high-speed rail. This conference also includes an exhibitor showcase featuring the latest rail products and services. Session tracks at the 2011 conference are: urban rail, commuter rail, high-speed and intercity rail, and multi- modal. To fmd out more, view the Conference Schedule. Who should attend: all rail system staff, including mid-level and management, board members, policy makers, government agency staff, suppliers, consultants, and contractors. Attend the Conference • Hotel reservations at the Boston Marriott Copley Place must be received by May 17, 2011, to receive APTA's discounted room rate. Please note that rooms may sell out prior to May 17, so early bookings are recommended. Conference registration is now open. Please see the registration page for more information on how to register online, by fax, or by mail. Make sure to register by May 6 to pay the discounted Early Registration Fee. • Products & Services Showcase Exhibitors should reserve their booth by April 4 to save $200. The deadline for reservations is May 6. a New & Small Starts Workshop registration is now open. This half-day session is free to Rail Conference attendees, but you must complete a separate registration form. • Business Networking Breakfast registration is now open. Maximize your results by registering by May 18 to be listed in the breakfast information brochure. Important Dates Technical Papers due (selected authors) — passed Exhibitor Early Fee Discount Ends — passed Exhibitor Reservation Deadline — May 6, 2011 Early Registration Fee Deadline — May 6, 2011 Refund Deadline & Exhibitor Refund Deadline — May 13, 2011 Hotel Reservation Deadline (for discounted rate) — May 17, 2011 Deadline for Your Name on Registration List — May 27, 2011 Pre -registration Deadline — June 6, 2011 On-site Registration — June 12-15, 2011 http://www.apta.com/mc/rail/Pages/default.aspx?PF=1 4/18/2011 Schedule Page 1 of 2 .s:46\ APTA- American Public Transportation Association Nuari" Schedule As of Februafry 22, 2011 Additional information will be posted in the coming weeks. APTA reserves the right to make program changes at any time. Saturday June 11 Sunday June 12 Monday June 13 Tuesday June 14 Wednesday June 15 Thursday June 16 1 p.m. - 5 p.m. Registration & AV Preview Room 8 a.m. - 6 p.m. Committee Meetings 8 a.m. - 6 p.m. Registration & AV Preview Room 7:30 a.m. - 4:15 p.m. Committee Meetings 7 a.m. - 4 p.m. Registration & AV Preview Room 7 a.m. - 2:30 p.m. Registration & AV Preview Room 8 a.m. - noon Registration & AV Preview Room 7-8:15 a.m. Committee Meetings 7- ll a.m. & 1 - 5:30 p.m. Committee Meetings 1:15 - 5:30 p.m. Committee Meetings 7 a.m. - 2 p.m. International Rail Rodeo - Yahoo! 9 a.m. - 5 p.m. System Safety Seminar 3-4p.m. This is APTA 4:30 - 5:45 p.m. 7-8:15 a.m. Business Member Networking Breakfast (register) 8:30 - 10:15 a.m. Opening Session 10:30 a.m. - noon Concurrent Sessions noon - 2 p.m. General Luncheon: Rail - A Foundation 7:30 a.m. - 2 p.m. Product & Services Showcase (continental breakfast) 8 a.m. - noon Capital Project Updates: Half- hour Presentations 8:30 - 10:30 a.m. Concurrent Sessions 9 - 10:30 a.m. Interactive Presentations 10:30 a.m. - noon Concurrent Sessions noon - 1:30 p.m. Lunch at Showcase 1:30 - 5:30 p.m. ENO and NTI http://www.apta.com/mc/rail/schedule/Pages/defaultaspx?PF=1 8 - 9:30 a.m. Concurrent Sessions 8 a.m. - 5:30 p.m. National Transit Institute (NTI) Narrowbanding: Are You Prepared? (one day course) 9:45 - 11:15 a.m. Concurrent Sessions 11:30 a.m. - 12:30 p.m. Closing Session: The Truth About Rail - Evaluating Rail Criticism 12:30 - 5:30 p.m. National Transit Institute (NTI) Transit Asset Management Course 8:30 a.m. - 4:30 p.m. National Transit Institute (NTI) Transit Asset Management Course (part 2 of 2) 4/18/2011 Schedule Page 2 of 2 Host Forum 6 - 7 p.m. Welcoming Reception 7- 9:30 p.m. Rodeo Awards Banquet for Economic Growth 2:15 - 3:45 p.m. Concurrent Sessions 4 - 5:30 p.m. Concurrent Sessions Middle - Management Professional Development Course 2 - 5 p.m. Technical Tours 2:30 - 4:30 p.m. Concurrent Sessions (part 1 of 2) 1-5p.m. FTA New Start/Small Start Workshop 2-5p.m. Transportation Safety Institute (TSI) Session Multimodal Tour of Boston Guide: Tom Hickey North American Section of Institution of Railway Signal Engineers (IRSE) Annual General Meeting to be in conjunction with APTA Rail Conference. Copyright ® 2011 American Public Transportation Association • 1666 K Street NW, Washington, DC 20006 Telephone (202) 496-4800 • Fax (202) 496-4324 • Contact Us • Logo Usage http://www.apta.com/mc/rail/schedule/Pages/default.aspx?PF=1 4/18/2011 Item No. 26 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: July 26, 2011 SUBJECT: June Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of June, 2011. CURRENT PLANNING ACTIVITIES New Cases The Division received 50 new applications for administrative, other minor cases, and home occupations including 6 applications for public hearings during the month of June. Special Projects & Lonci Ramie Planninci Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: • Temecula Regional Hospital — This project was approved by the City Council on January 22, 2008. On December 30, 2009 the applicant submitted an application for a one year extension of time and Council approved this extension on January 26, 2010, extending the approval until January 22, 2011. The applicant submitted a Major Modification application on June 18, 2010, to reduce the number of hospital beds in the first phase from 178 beds to 140 beds and to change the construction of the building from concrete to framed construction. The Planning Commission recommended that the City Council approve the Major Modification application on December 15, 2010 and City Council approved the Modification application on February 8, 2011. The applicant has submitted permit applications to the Regional Water Quality Control Board, Army Corps, and the California Department of Fish and Game and is currently seeking environmental clearances from these agencies. Environmentally sensitive areas on the project site have been identified by these agencies, and the agencies have provided clearance for the application to begin grading operations outside of the environmentally sensitive areas. A grading permit was issued for rough grading operations on June 8, 2011. Clearing and grubbing operations began on June 9, 2011, and cut/fill operations began on June 21, 2011 and import operations began on June 30, 2011. UHS and their biologist from URS continue to work with the agencies to address the environmentally sensitive areas so that grading can commence in those areas. Import operations are anticipated to be completed by August 12, 2011. (FISK) • The Green House Gas (GHG) Emissions Inventory—The Green TAC selected 2007 as the base year for GHG emissions inventory analysis. Two inventories were prepared: 1) a municipal operations inventory and, 2) a communitywide inventory. The next steps are to select a target emission reduction and identify implementation measures that will achieve the selected target. The Green TAC established a test target of 15 percent below the 2007 base year. Staff is currently reviewing potential reduction measures to see if a 15 percent reduction in GHG emissions below baseline is feasible. (WEST) • Residential Energy Efficiency Loan Program — The Residential Energy Efficiency Loan Program makes low interest loans available to low and moderate income homeowners to make energy efficient improvements to their homes. The Program allows for specific types of energy efficiency improvements based on the year of construction, which coincides with the changes to Energy Codes of the California Building Standards. The Residential Energy Efficiency Program will work in conjunction with the Redevelopment Agency Residential Improvement Program, which offers forgivable loans for qualifying interior and exterior home improvements. The program was approved by the City Council on September 14, 2010 and staff began accepting applications on January 1, 2011. The two applications that were being reviewed were determined to be ineligible for funding. Currently, there are no applications pending. (WESTIWEAVER) • Liberty Quarry — The County of Riverside has held four continuous Planning Commission Hearings (April 26, May 3, June 22 and July 18) for Granite Construction's Liberty Quarry proposal for a Surface Mining Permit, Change of Zone, and Noise Ordinance Exception. The Liberty Quarry hearing has been continued again to August 15, 201. The project is a 75 -year land use permit for a rock quarry and associated aggregate processing facilities, hot mix asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration and employee buildings, a maintenance facility with diesel, gas and propane tanks, water tanks, natural gas fuel engines for electric power generation, water and gas lines, truck scales, and truck and equipment parking areas within a 414 acre -site located adjacent to the City's southern boundary within the County of Riverside. The City reviewed the Draft Environmental Impact Report and provided comments to the County of Riverside on November 23, 2009. Despite voluminous comments on the DEIR received by the County on the project, the Riverside County Planning staff determined that redrafting/recirculation of the Liberty Quarry Surface Mining Permit Draft Environmental Impact Report is not required and recommended approval to the Planning Commission of the project including certification of the EIR. The City Attorney responded with written comments at the first Planning Commission hearing on April 26, 2011 and the City has since provided additional written support material in opposition of the project. The Planning Commission public hearing has been closed to further public testimony and the next hearing on August 15, 2011 is anticipated to complete Commission discussions/questions on topics from various experts from both sides and Granite Construction's rebuttal. It is anticipated the Commission will vote on the project on August 15, 2011. (JOHNSON/RICHARDSON/LOWREY) • Jefferson Avenue Specific Plan — Staff is studying the Jefferson Avenue Corridor to create a future Specific Plan for the area. The boundaries of the Jefferson Avenue Corridor are preliminarily defined to include all properties north of Rancho California Road, east of Diaz, south of the Murrieta City boundary and west of Interstate 15. In June 2010, approximately 15 representatives of the Urban Land Institute (ULI) together with City Staff conducted a tour of the Jefferson Corridor. The ULI Technical Advisory Panel consists of design, architectural, engineering, retail, and planning experts and provided the City with an outside expert review of the Jefferson Avenue Corridor with land use recommendations. The ULI Technical Advisory Panel (TAP) held a one day planning summit in the Council Chambers on June 23, 2010, and shared their findings and recommendations with City staff. On September23, the recommendations from the ULI Technical Advisory Panel were presented at a ULI Transit Oriented Development conference in Anaheim. This conference was intended to highlight the planning efforts being made throughout California in relation to the future high speed rail that will eventually connect San Diego to San Francisco. The City of Temecula was recognized, along with two other cities (San Diego and San Jose), for its future transportation planning efforts and ULI TAP process. Since the future high speed rail station will be located to the north of the Temecula boundary in Murrieta, the ULI TAP process provided a case study for a "station adjacent" community and focused on how future land use planning efforts within the Jefferson Avenue Corridor will take advantage of the proximity to the future high speed rail station. The ULI TAP recommendations have provided valuable information from a group of outstanding and diverse professionals. The recommendations from the study will set the foundation as the City embarks on our own planning effort for the Jefferson Avenue Corridor. Staff is currently finalizing an Existing Conditions Summary Report for the project study area. This report will outline baseline information, including existing zoning and land uses, existing businesses, building square footages and development intensity, historic structures, parcel sizes, property ownership, existing and future planned roadway circulation, roadway capacity and existing traffic volumes, impacts of the French Valley Interchange on the corridor, existing transit routes and transit stops, existing sidewalk conditions, and existing and proposed Murrieta Creek trail improvements within the corridor. On January 11, 2011 the City Council established the Jefferson Corridor Ad Hoc Committee. Staff is currently preparing for the first meeting with the Jefferson Corridor Ad Hoc Committee to obtain direction before starting the public outreach and visioning process for the future specific plan. (RICHARDSON/ WATSON/WEST/INNES/LOWREY) • SCAG 2012 Regional Transportation Plan — The update to the Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan (RTP) is underway. The RTP includes a Sustainable Communities Strategy (SCS), which is a new component to the RTP as a result of the passage of SB 375. Staff has provided land use, employment and population data to SCAG and the County of Riverside Center for Demographic Research to establish Base Year Conditions and General Plan Based Growth Forecast/Distribution and land use for years 2020 and 2035. Staff is working with the SCAG Local Sustainability Planning Tool to apply land use and transportation scenario assumptions to develop the SCS. The Regional Transportation Plan, including the SCS, is scheduled to be adopted by SCAG by November 2012. (WEST) • Caltrans Community Based Transportation Planning Grant — The City of Temecula was awarded $248,200 from Caltrans for a Community Based Transportation Planning grant. This grant will fund a multi -jurisdictional transportation corridor planning effort for the Jefferson Avenue Corridor for the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. The City of Temecula is the lead agency and primary recipient of the grant funding. WRCOG is a sub -recipient for the purposes of administering the grant. The City of Murrieta, City of Wildomar and City of Lake Elsinore are grant participants. The Jefferson Avenue Corridor is a 16 -mile central north/south arterial that parallels the west side of Interstate 15. The planning effort will promote public engagement, livable communities, and will address mobility, access and safety along the Jefferson Avenue Corridor. As a part of this effort, the City of Temecula will analyze affordable housing opportunities, and the opportunities and impacts of increased intensity and density, mixed-use development and impacts and opportunities related to the transportation network. The final product emerging as a result of this grant will be a "Multi -Jurisdictional Corridor Plan for the Jefferson Corridor" which is a 20 -year transportation plan for the Jefferson Corridor. The Caltrans Community Based Transportation Planning grant is anticipated to complement the ULI Technical Advisory Panel study completed for the Jefferson Avenue Corridor which focuses on future land use and transportation planning efforts related to the high speed rail alignment through the City of Temecula. A Request For Proposal (RFP) was released on May 25, 2011 for multi -jurisdictional transportation and land use plan coordination. The RFP closed on June 16, 2011, and consultant interviews were conducted on July 7, 2011. The Jefferson Corridor Subcommittee is anticipated to meet on July 25, 2011 to discuss the consultant contract, and the draft consultant contract and scope of work is anticipated to go to the August 9, 2011 City Council Meeting. The selected consultant is expected to be under contract and ready to start work in early August 2011. (WEST/INNES) • SCAG Compass Blueprint Demonstration Project Grant for the Jefferson Avenue Corridor and Specific Plan Visioning and Public Outreach Process - The City of Temecula was awarded a Compass Blueprint Demonstration Project grant by SCAG in February 2011 to provide visioning and public outreach assistance for the Jefferson Avenue Multijurisdictional Corridor Planning effort funded by Caltrans and visioning and outreach assistance with the Jefferson Avenue Specific Plan. The objective of the grant is to establish a vision for the future of the Jefferson Corridor area through public outreach and an extensive visioning process. The visioning process is intended to promote SCAG's four key principles of livability, mobility, sustainability and prosperity and also focus on achieving the goals of SB 375. The future Jefferson Corridor Specific Plan area is intended to become a mixed-use, transit -oriented corridor and future planning efforts are intended to support the feasibility of the future High Speed Rail station that is slated to be located north of the specific plan area in the City of Murrieta, and the planned Cherry Street Transit Station located on the boundaries of the City of Murrieta and Temecula. The public outreach efforts will include visioning workshops and a website dedicated to the visioning and public outreach process. SCAG released a Request for Proposals (RFP) for the public outreach project on April 25, 2011. The SCAG RFP closed on June 9, 2011, and consultant interviews were conducted on July 5° 2011. The selected consultant is expected to be under contract and ready to start work in early August 2011. (WEST/INNES) • Development Code Amendment to address concerns with off -sale alcohol sales for businesses that require a Conditional Use Permit — On May 24, 2011 the City Council adopted an Interim Urgency Ordinance establishing a 45 -day moratorium on the issuance/approval of Conditional Use Permits for off -sale alcohol businesses (i.e. Convenience Markets and Liquor Stores). On June 28, 2011 the City Council adopted an extension to the Interim Urgency Ordinance to extend the moratorium until May 13, 2012. This extension would provide staff adequate time to prepare studies as may be required to determine the appropriate locations in the City for Off -Sale Alcohol CUP businesses and to determine whether additional regulations should be imposed upon these businesses or whether these businesses should be prohibited in certain areas of the City. Since adoption of the moratorium ordinance on May 24, 2011, Staff has been studying potential provisions for the City's Zoning Ordinance that would mitigate the detrimental impacts on public peace, health and safety expressed in the moratorium ordinance, including review of ordinances from other cities addressing these issues. Staff anticipates bringing a draft ordinance to the Planning Commission and City Council in August/September, 2011. In addition, staff will determine if additional regulations should be imposed upon Off Sale Alcohol CUP Businesses to reduce their detrimental impacts on public peace, health and safety and report these findings to the City Council at a public hearing. (KITZEROW) Planning Agenda Report 6/1/2011 through 6/30/2011 1. Recently Approved APN # 921810033 • PA11-0056 Margarita Crossings TPM 36369 CHERYL KITZEROW A Tentative Parcel Map No. 36369 to subdivide the Margarita Crossings shopping center from one existing lot into four lots for financing purposes. The project site is located at the southwest corner of Overland Drive and Margarita Road. Submitted Date Approved Date Mar 1 2011 Jun 2 2011 APN # • PA11-0072 Bratts Tapas Minor CUP 921320012 ERIC JONES A Minor Conditional Use Permit for Bratts Tapas and Cocktails to offer live entertainment and full alcohol (Type 47) at 27648 Ynez Road. Submitted Date Approved Date Mar 24 2011 Jun 1 2011 1 of 8 Planning Agenda Report 6/1/2011 through 6/30/2011 2. Scheduled for Hearing APN # 944290025 • PA10-0309 Highgate Dev. Plan ERIC JONES A Development Plan application for a two-story, 89,148 square foot senior congregate care facility featuring 94 units consisting of studio and one bedroom units generally located on the southwest corner of Rancho California Road and Moraga Road (APN 944-290-026) Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 21 2010 11/18/2010 May 18 2011 • PA11-0069 TMobile Right of Way Site APN # 961020027 ERIC JONES An Antenna Facility Application to allow a cellular facility disguised as a street light to be located within the public right-of-way generally located on Pechanga Parkway directly across from Via Gilberto (Closest APN: 961-020-027) Submitted Date Anticipated DRC Meeting Date Planning Commision Mar 17 2011 Jul 20 2011 • PA11-0053 Chaparral 3 Variance APN # 922026041 CHERYL KITZEROW A Variance request for Chaparral 3 (PA10-0226) to reduce the front setback from 10 feet to a variable setback that ranges from 18" to 4 feet; and to reduce the rear setback for parking from 40 feet to 24 feet and to allow a drive ailse within this setback area. Project site is located at 28455 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date Planning Commision Feb 25 2011 Jul 20 2011 • PA11-0085 CES/Verizon light pole WC APN # 962010007 ERIC JONES A Wireless Antenna Facility to be located on a new 29.5 foot high tubular steel light pole within the right of way along the south side Wolf Valley Road, approximately 283 feet east of the centerline of Pechanga Parkway. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 8 2011 TBD APN # • PA11-0109 Newpath Networks (Node TM -13) 955040006 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -13) in the City of Temecula right-of-way on the south side of Rancho Vista Road, approximately 202 southwest of the centerline of Camino Romo. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD • PA11-0111 Newpath Networks (Node TM -16) APN # 954102027 MATTHEW PETERS A Conditional Use Permit for NewPath/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -16) in the City of Temecula right-of-way on the west side of Avenida De La Reina, approximately 51' south of the centerline of Calle Aragon. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # 2 of 8 Planning Agenda Report 6/1/2011 through 6/30/2011 • PA11-0112 Newpath Networks (Node TM -18) 945203001 MATTHEW PETERS A Conditional Use Permit for NewPath/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -18) in the City of Temecula right-of-way on the northwest side of Southern Cross Road, across from Sky Terrace Drive. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD • PA10-0226 Chaparral 3 DP APN # 922026041 CHERYL KITZEROW A Development Plan application for Chaparral 3, a 23,137 square foot, mixed use, three-story building with retail/restaurant uses on the first floor/mezzanine and offices above at 28455 Old Town Front Street between Moreno Road and Sixth Street (APN: 922-026-041). Associated with Variance request (PA11-0053) to reduce setback at northeast property corner and parking/landscape setback along western property line. Related Case PRO8-0047. Submitted Date Anticipated DRC Meeting Date Planning Commision Jul 23 2010 8/19/2010 Jul 20 2011 3 of 8 Planning Agenda Report 6/1/2011 through 6/30/2011 3. New Submittals Pending DRC Meeting APN # • PA10-0214 Simms Zoning & GPA 945120001 ERIC JONES A Zoning Map and General Plan Land Use Map Amendment application. Current zoning and General Plan designation is Very Low Residential. Proposed zoning and General Plan designation is L-1 (Low Density Residential). The project is located approximately 1,500 east of the Santiago and Ynez Road intersection (related application PA10-0213) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 14 2010 8/12/2010 TBD • PA10-0317 Mtn. View Community Church CUP APN # 910281001 MATTHEW PETERS A Minor Conditional Use Permit for Mountain View Community Church to operate in a Service Commercial (SC) zone and occupy approximately 101,619 square feet of an existing building next to Golds Gym located at 29201 Ynez Road (APN 910-281-001). Related cases PR10-0025 and PA10-0318. Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 29 2010 TBD • PA11-0009 Harveston TPM APN # 916560006 ERIC JONES A Tentative Parcel Map to allow one existing parcel to be divided into three separate parcels. Project is located on the southwest corner of Landings Road and Village Road within the Harveston Specific Plan (Current APN: 916-560 -006) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 18 2011 TBD APN # • PA11-0183 Rancho Baptist Major Mod 922130017 ERIC JONES A Major Modification to allow Rancho Baptist Church, located at 29775 Santiago Road, to add 2,178 square feet to an existing structure and add 62 additional parking spaces to the existing parking lot (APN: 922-130-017) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 5 2011 TBD • PA11-0182 Sprouts Concert Major TUP APN # 910470003 ERIC JONES A Major Temporary Use Permit to allow a free concert to be conducted within an existing commercial center on July 16, 2011 between the hours of 10 am and 5 pm (in front of the existing Sprouts grocery store) (APN: 910-470-015) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 30 2011 TBD • PA11-0180 Villages @ Paseo del Sol DP2 APN # 959390009 CHERYL KITZEROW A Development Plan to construct 186 single family attached units (rowhomes - 90 units and motorcourts - 96 units) with a minimum lot size of 1,545 square feet, with 3 floor plans and 2 elevation styles. Units range in size from 1,743 square feet to 2,582 square feet. Project site is located in Planning Area 6A of the Paloma del Sol Specific Plan at the southwest corner of De Portola and Meadows. Associated with Tentative Tract Map (No. 36212) to subdivide 29.4 gross acres into 189 developable lots and 25 lettered lots (streets/open space). (Note: this project replaces the withdrawn applications PA09-0209 & PA09-0210) 4 of 8 Planning Agenda Report 6/1/2011 through 6/30/2011 Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 29 2011 8/4/2011 TBD • PA11-0179 BARRIO BLUES & BBQ APN # 922110046 ERIC JONES A Major CUP to allow Quaid Harley Davidson to hold the Barrio Blues BBQ on July 31 between 10 am and 6 pm featuring live music and BBQ vendors. The project is located at 28897 Old Town Front Street (APN: 922-110-046) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 292011 TBD • PA11-0178 Villages @ Paseo del Sol TTM2 APN # 959390009 CHERYL KITZEROW A Tentative Tract Map (No. 36212) to subdivide 29.4 gross acres into 189 developable lots and 25 lettered lots (streets/open space) to construct 186 single family attached units (rowhomes - 90 units and motorcourts - 96 units) with a minimum lot size of 1,545 square feet, located in Planning Area 6A of the Paloma del Sol Specific Plan at the southwest corner of De Portola and Meadows. Associated with Development Plan/Product Review application PA11 -0180. (Note: this project replaces the withdrawn applications PA09-0209 & PA09-0210) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 29 2011 8/4/2011 TBD • PA11-0175 Fish House Vera Cruz MinorCUP APN # 921750001 ERIC JONES A Minor Conditional Use Permit to allow the existing Fish House Vera Cruz located at 26700 Ynez Road to upgrade their existing liquor license from a Type 41 to a Type 47. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 272011 TBD • PA11-0173 Albertson's BBQ Major TUP APN # 959090002 ERIC JONES A Major Temporary Use Permit to allow an outside barbeque area on weekends between July 2 and Labor Day within the sidewalk area of Albertson's Grocery Store located at 31960 Temecula Parkway, generally located on the northeast corner of Margarita Road and Temecula Parkway [APN 959-090-002] Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 242011 TBD APN # • PA11-0142 McDonalds Major Mod 921060027 ERIC JONES A Major Modification to update the fascade of an existing McDonalds located at 28100 Jefferson Avenue. An existing playground area will also be removed as part of the application. (APN: 921-060-027) Submitted Date Anticipated DRC Meeting Date Hearing Planned May 22011 TBD • PA11-0127 Portola Terrace Apts DP APN # 922062003 CHERYL KITZEROW A Multi -family residential Development Plan for Portola Terrace to construct 45 affordable apartment units and a parking structure on 1.53 acres located at 28673/28681/28701 Pujol Street. Associated cases include Parcel Merger PA11-0128 and Certificate of Historical Appropriateness PA11-0129. (Pre -app PR10-0033) Submitted Date Anticipated DRC Meeting Date Hearing Planned 5 of 8 Planning Agenda Report 6/1/2011 through 6/30/2011 Apr 20 2011 5/12/2011 TBD APN # • PA11-0125 Newpath Networks (Node TM -38) 909310072 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -38) in the City of Temecula right-of-way on the south side of Zevo Drive, approximately 125' west of Diaz Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0124 Newpath Networks (Node TM -37) 910281004 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -37) in the City of Temecula right-of-way on the south side of Winchester Road approximately 185' west of the centerline of Ynez Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0121 Newpath Networks (Node TM -32) 920100047 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -32) in the City of Temecula right-of-way on the south side of Nicolas Road, approximately 620' east of Winchester Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0119 Newpath Networks (Node TM -28) 959203024 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -28) in the City of Temecula right-of-way on the north side of Leena Way, directly across from Lucca Way. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0118 Newpath Networks (Node TM -26) 953050016 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -26) in the City of Temecula right-of-way on the south side of La Serena Way, approximately 195' southeast of Calle Pina Colada. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD • PA11-0114 Newpath Networks (Node TM -20) APN # 944290021 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -20) in the City of Temecula right-of-way on the east side of Moraga Road, approximately 310' south of Rancho California Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned 6 of 8 Planning Agenda Report 6/1/2011 through 6/30/2011 Apr 19 2011 TBD APN # • PA11-0106 Newpath Networks (Node TM -10) 965020013 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -10) in the City of Temecula right-of-way on the west side of Crown Hill Drive, approximately 70' southeast of the centerline of Pauba Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0104 Newpath Networks (Node TM -08) 959281053 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -08) in the City of Temecula right-of-way on the north side of Sunny Meadows Drive, approximately 58 feet northwest of the centerline of Jerez Lane. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0103 Newpath Networks (Node TM -07) 955381002 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -07) in the City of Temecula right-of-way on the west side of Meadows Parkway, approximately 474 north of of the centerline of Via Jasso. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0102 Newpath Networks (Node TM -06) 955352003 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -06) in the City of Temecula right-of-way on the east side of Montelegro Way, approximately 170' south of Via Rivas. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0101 Newpath Networks (Node TM -04) 945050019 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -04) in the City of Temecula right-of-way on the north side of Pauba Road in front of the Fire Station, approximately 231' west of the centerline of Calle Ventura. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0048 NewPath Networks (Node TM -29) 921202003 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -29) in the City of Temecula right-of-way on the south side of Solana Way, approximately 435' west of the centerline of Del Rey Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned 7 of 8 Planning Agenda Report 6/1/2011 through 6/30/2011 Feb 16 2011 TBD APN # • PA11-0046 NewPath Netowrks (Node TM -25) 921612009 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -25) in the City of Temecula right-of-way on the east side of Via La Vida Way, approximately 150' south of Solana Way. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD APN # • PA11-0031 Rancho Highlands Maravilla MHC 944330001 CHERYL KITZEROW A Major Temporary Use Permit for a Model Home Complex at Maravilla (Rancho Highlands - PA10-0326) located along the west side of Rancho Highlands Drive, east of Ynez Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 3 2011 TBD APN # • PA11-0108 Newpath Networks (Node TM -12) 955181040 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -12) in the City of Temecula right-of-way on the north side of Pauba Road, approximately 200' west of Via Rami. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0113 Newpath Networks (Node TM -19) 944131001 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -19) in the City of Temecula right-of-way on the south side of Rancho Vista Road, approximately 280' east of Mira Loma Drive. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD 8 of 8 _��►�,,'„��-',\,,,'�►. . -=� a mil. :41 117,1444;; a � ■ lillr qv; offalleillitt* 1111-a' 111111 .,,,'- •;,.11'1+1; �■ I • riomm._ii , is 1111� , FreifitV4I1Plealti tre, d;T ainit.,////per iii �. ' /b...._-. -- -d— 111 . \\. �Q1= I ----.47,,„,.....,,,p rn°r,n l RENA - ” 'mg' .��� � \��O � ��� ► � I % r �\ ♦ � -''a � ♦ . , - cl• � ,1,,.•L. ♦ if/I 1 ►�11.. . n _` ':.uiG� • Irl ���• `�r I��'.;i����1r9► 1 �r00, Kft�'�j�^ ■■jEi�j ��, PA10-0226%' �'�:' ��?Y �' V , •��r � PA�11y0053 �'o;;,°�uuun kr* RO lift PA1 sp„..4 161 -"ft b#,40'w '101E0.4N 14m11-4 Ar ANIL 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 27 Approvals City Attorney Director of Finance City Manager OCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 26, 2011 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of June 2011. MEMORANDUM TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Supervise DATE: July 8, 2011 SUBJECT: Monthly Activity Report - June, 2011 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of June, 2011: SIGNS A. Total signs replaced 24 B. Total signs installed 2 C. Total signs repaired 35 D. Banners Replaced 91 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 79 2.863 B. Total Tons 84 IV. CATCH BASINS A. Total catch basins cleaned B. Down Spouts C. Under sidewalks D. Bowls V. RIGHT-OF-WAY WEED ABATEMENT 167 0 0 0 A. Total square footage for right-of-way abatement 2,750 VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. VII. STENCILING A. 914 New and repainted legends B. 285 L.F. of new and repainted red curb and striping C. 0 Bull Nose D. 0 Thermal Plastic E. 0 RPMs Installed 141 6.027 R:\MAINTAIMMOACTRPT Also, City Maintenance staff responded to 53 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 62 service order requests for the month of May, 2011. The Maintenance Crew has also put in 57.5 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of June, 2011 was $31,152 compared to $86,664.55 for the month of May, 2011. Account No. 5402 Account No. 5401 Account No. 999-5402 Electronic Copies: Amer Attar, Principal Engineer Mayra De La Torre, Senior Engineer Jerry Gonzalez, Associate Engineer $ 28,352.00 $ 2,800.00 $ -0- - Capital Improvements - Land Development - Traffic Division RAMAINTAIN%MOACTRPT co re • I— • ce a O O o wz J w a N m Z O N a>z o oEg aoLI- a_ 2 I -a2 0 TOTAL COST FOR LAST FISCAL YEAR Csi N O OS q 01 N Csi w $0.00 $23,765.00 O co Cl CO 0 O '•Y N $32,500.00 $17,153.50 $4,750.00 $2,506.66 $109,070.57 $103,237.78 $11,453.26 CO C) MM d 0Q V /A 0) 6 Q1 N 40 7 up 03 N c0 CO N WORK WORK WORK TOTAL COST FOR COMPLETED COST FOR APR. COMPLETED COST FOR MAY COMPLETED COST FOR JUNE THIS FISCAL SCOPE OF WORK APR. '11 '11 MAY '11 '11 JUNE '11 '11 YEAR ASPHALT AC Square Footage: 3,170 59,414.90 3,648 $10,834.56 2,863 58,503.11 $95,917.63 Tons: 72 86 84 $0.00 SIDEWALK CURB & GUTTER REPAIR Square Footage: 0 50.00 0 0 $0.00 50.00 PCC Yards: 0 50.00 0 0 $0.00 $0.00 STRIPING LINEAR FEET: 28,026 51,961.82 37,530 52,627.10 285 519.95 56,242.18 IN-HOUSE PAINTING LEGENDS: 218 51,744.00 53 5424.00 914 57,312.00 527,488.00 SIGNS REPLACED Material: 22 $1,100.00 62 53,100.00 24 $1,200.00 $41,500.00 Labor: 5580.58 51,636.18 $633.36 $21,903.37 SIGNS INSTALLED Material: 10 $500.00 10 5500.00 2 5100.00 $5,100.00 Labor: 5263.90 5263.90 $52.78 $2,691.78 SIGNS REPAIRED Material: 97 $4,850.00 122 56,100.00 35 S1,750.00 539,486.50 Labor: 52,559.83 $3,219.58 $923.65 $15,965.95 GRAFFITI Square Footage: 5,937 9,502 6,027 DRAINAGE CHANNELS CLEANED Basins: 173 54,565.47 160 $4,222.40 167 $4,407.13 $69,854.33 Channels: 0 $177,505.50 IN-HOUSE TREES TRIMMED: 47 51,240.33 190 55.014.10 79 52,084.81 526,812.24 SERVICE ORDER REQUESTS: 76 62 53 AFTER HOURS CALL OUTS: 75 52,949.45 43 S1,702.37 58 $2,276.43 $48,200.99 R.O.W. WEED ABATEMENT: 18,966 5645.86 45,387 51,543.16 2,750 593.50 52,332.84 TOTALS 532,376.14 541,187.35 529,356.72 5581,001.31 R\MAINTAINWQACTRPT\STREETMAINTIAPRIL, MAY, JUNE. N0 re0.W.i- 3e- VO N 11 0 0 03o aoa 03M W ZZ< a L aZ_ og YEAR-TO-DATE 18,000 0 23 $165.086.55 2,251,318 0 $150,473.88 O0 1.0 O CO CO 0 N O 1- 19,456 $69,254.00 O CO N I) O- OO C9 sr 0 � M CO0CON0� M CD O CO M N CO CO OV CO M i Q1 Cl M n 69 2ND HALF TOTALS 0 0 5 $135,233.55 2,251,318 0 $150.473.88 2,348 57 $127,569.00 CO69 N C) CNI rn N 4? r OO 69 425 529 44 453 989 490 67,103 1,194 428 368 383,000 $504,232.20 CONTRACTORS JANUARY FEBRUARY MARCH APRIL MAY JUNE Asphalt Square Feet 0 0 0 0 0 0 Concrete Square Feet 0 0 0 0 0 0 Drainage Channels 4 0 0 0 1 0 TOTAL COSTS 858,815.00 825,789.00 $0.00 $0.00 $50,629.55 $0.00 CONTRACT STRIPING Striping Linear Feet 0 0 0 2,251,318 0 0 Sandblasting Linear Feet 0 0 0 0 0 0 TOTAL COSTS 80.00 $0.00 $0.00 $150,473.88 $0.00 $0.00 TREE CONTRACTORS Trees Trimmed 40 297 428 651 397 535 Trees Removed 1 37 7 5 3 4 TOTAL COSTS $3.156.00 $16,356.00 $24.429.00 $34,778.00 $20,498.00 $28.352.00 R.O.W. SPRAYING Square Feet 355 135 0 18.966 2,750 TOTAL COSTS $19,975.00 $7,750.00 $0.00 $15.537.00 $15,537.00 $2.800.00 CITY MAINTENANCE CREW Banners 0 92 92 0 149 92 Signs Replaced 180 74 167 22 62 24 Signs Installed 7 12 3 10 10 2 Signs Repaired 51 108 40 97 122 35 0 115 269 105 173 160 167 Trees Trimmed 20 120 34 47 190 79 R.O.W. Weed Abatement 0 0 0 18,966 45,387 2,750 New & Repainted Legends 0 0 9 218 53 914 After Hours Call Outs 64 43 145 75 43 58 Service Order Requests 76 55 46 76 62 53 Graffiti Removal - S. Ft 7,298 6,257 3,279 5.937 _ 9,502 6,027 $81,946.00 849.895.00 $24,429.00 8200,788.88 $86,664.55 $60.508.77 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of June, 2011 DATE STREET/CHANNEL/BRIDGE DESCRIPTION TOTAL COST ACCOUNT OF WORK SIZE CONTRACTOR: WEST COAST ARBORISTS, INC. Date: 05.15.11 # 5402 CITYWIDE ANNUAL TREE TRIMMING PROGRAM TOTAL COST $ 17,000.00 Date: 5.31.11 # 5402 CITYWIDE ANNUAL TREE TRIMMING PROGRAM TOTAL COST $ 1,750.00 Date: 06.15.11 # 5402 CITYWIDE ANNUAL TREE TRIMMING PROGRAM TOTAL COST $ 9,602.00 Date: TOTAL COST CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 06.20.11 # 5401 OLD TOWN FRONT STREET AT TEMECULA PARKWAY MOWING OF 33 CITY OWNED ACRES TOTAL COST $ 2,800.00 Date: TOTAL COST CONTRACTOR: Date: TOTAL COST Date: TOTAL COST TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 $ 2,800.00 $ 28,352.00 $ - 0 - W 0 Z 1- U 0 I- 0 Lu APRIL MAY JUNE JULY AUG 2 uJ LL Z 00 000 00 0 00 000 00 000 00000 000 00 000 000 00 00000 0 0 0 00000 000 00 000 00 0 00 000 00 000 00000 000 T-O)F-W )—O)N.L) ) LOM rC)I`LOM%-O)I`LMr 'Itd'44' TIMMMMMNNNNN Totals for the Year To Date: July. 1, 2011 O M 00 TOTAL CALLS M M 00 - O + C1 In r-1 r . •--t Yr }r lr et • 8El 0 a a o c 0 w �, 5 ti ►� 00 O Z A UARE FOOTAGE r a 1 S en N N N N C\ I/) O [� \O M L O7 t' 0 El a'oa s: c o. November December CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report June / July Prepared by: Amer Attar Submitted by: Greg Butler Date: 7/26/2011 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be completed when the mainline utilities are installed, which the City is undertaking - estimated start in March of 2010. A fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the approved change order total. Temporary power, initially established in 2003 by the developer, had to re-established in May of 2010. City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) - Rough Grading This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including hydroseeding, was completed in December of 2008. A notice of completion was approved by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is developed. Minor BMP improvements were completed in April of 2010. Old Town Infrastructure Project -Town Square and Mercedes & Main Street This project involves construction of the Town Square and street improvements on Mercedes & Main Streets. The project was awarded on March 18, 2008. Final work items involve completion of the show power which is in design and set to be constructed in summer of 2011. Old Town Infrastructure Projects - Parking Structure & Office/Retail Frontage The structure was opened to the public on March 1, 2010. Punchlist and close out work will be ongoing for two to three months. In addition a long term (5 year) maintenance contract for landscaping in the Caltrans right of way was awarded at the 10/26/10 City Council meeting. Old Town Civic Center This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Resolution of punchlist and added work items are ongoing. Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings 1 Phase 2 of this project will renovate the Escallier House and Barn. The landscape is in maintenance. Contract is being closed out. Staff will file a Notice Of Completion upon receipt of appropriate documentation from the contractor. Redhawk Park Improvements This project will add amenities, which include ADA accessible parking, a restroom, a half -court basketball court, and permanent dog park at Redhawk Community Park. As part of this project, a seatwall will be installed at Sunset Park. The project is essentially complete. Winchester Road / State Route 79 North - North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The City is negotiating with the contractor's bonding company. Traffic Signal Installation - Citywide This project will install traffic signals on Rancho California Road at Yukon Road. This project is essentially complete. Closed Circuit Television (CCTV) Installation on Temecula Parkway The project is complete. Project acceptance and the filing of the Notice of Completion is scheduled for the July 26, 2011 City Council meeting. Pavement Rehabilitation - Nicolas Road The project is complete. Project acceptance and the filing of the Notice of Completion is scheduled for the July 26, 2011 City Council meeting. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation This project involves the installation of landscape and irrigation improvements on a .26 acre Habitat Creation Area and maintaining it for five (5) years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 1/20/11. The project is now in the 5 -year maintenance/monitoring program. Efforts continue to establish a conservation easement on the 0.26 acre parcel, in accordance with the requirements of the DFG permit. Margarita Road Right -of -Way Enhancement This project will enhance the east side of Margarita Road parkway from Ramsey Court to Avenida Cima Del Sol. Bids were opened on 07/13/11. Contract award is scheduled for the 07/26/11 City Council meeting. Citywide Slurry Seal Project FY 2010-11 This is the annual citywide slurry seal project that will slurry various streets through out the City. This project will slurry Chardonnay Hills and a Portion of Paseo Del Sol. It was awarded to American Asphalt South at the 06/28/11 City Council Meeting. Citywide Concrete Repairs - FY2010-11 2 This project is an annual maintenance project. The project involves removing and replacing various damaged concrete facilities throughout the city. It was awarded to to B&T Works at the 06/28/11 City Council Meeting. Pavement Rehabilitation - Margarita Road Project 1 This project will rehabilitate Margarita Road between Rancho California Road and Avenida Barca. Bids were opened on 07/11/11. Contract award is scheduled for the 07/26/11 City Council meeting. Pavement Rehabilitation - Winchester Road This project will rehabilitate Winchester Road between Roripaugh Road and Nicolas Road. Bids were opened on 07/11/11. Contract award is scheduled for the 07/26/11 City Council meeting. 3 PROJECTS IN DESIGN Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of new wetlands for the Wolf Valley Creek Channel Improvements - Stage I. Site visits for a new proposed location was conducted with the Department of Fish&Game (DFG) and Regional Water Board in May. City will contract with a consultant to map the new proposed area and obtain resource agencies approval. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. The design is complete and the City has the mylars. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. All resource agency permits, with the exception of the Army Corps of Engineers (ACOE) 404 permit, have been obtained. ACOE permit application is still being processed. Word received from ACOE on 6/2/11 that 404 permit will be issued by end of June, at which point application for the Riverside County Flood Control District encroachment permit may be made. As of 7/11/11, the City has not received the USACOE 404 permit. Efforts to obtain this permit continue. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S.. Request for extension of the 6/30/11 deadline for obligating SB821 funds approved at the 6/27/11 RCTC Budget Implementation Commission meeting. Final approval scheduled for the 7/13/11 RCTC Board meeting. on 07/14/11, the City received word from Caltrans that the Federal Highway Administration (FHWA) has just approved the Request for Authorization (RFA) to construct the project. The project will be advertised for bids shortly. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. Temecula Park and Ride (79 South) This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The City just received the 100% plans and all reports. The design is complete. This project will be shelved until construction funds are identified. French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase 1 (PS&E) 4 A southbound off -Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off -ramp are the components of Phase 1. City continued the design work. Status is as follows: > Final PS&E - Under Caltrans Review. > Right of Way - RNV Requirements map approved. > Utilities - 2nd round of potholing of existing utilities within APE is completed. Relocation Claim Letter was sent to all utility companies and discussions regarding relocations have begun. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. The City Council adopted the Mitigated Negative Declaration (MND) and authorized staff to solicit construction bids for Phase I at the 06/14/11 meeting. Consultant is finalizing the plans. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi -Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. The consultant is working on 90% plans, specifications and estimate. Nicolas Valley - Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing the street and minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley (Liefer Road) area. Consultant is finalizing 100% plans for signature. Roripaugh Ranch Street Improvements - Phase! Ph I includes the design & construction of Butterfield Stage Road (BSR) from Murrieta Hot Springs Road (MHSR) to CaIIe Chapos, a portion of MHSR, CaIIe Chapos, South Loop Rd and making the Fire Station functional. The City has received the final plans. Staff is working on the Bid Docs and coordinating plans signature with Riverside County and Riverside County Flood Control. Staff is also coordinating with all the utilities. The City Attorney continues to review the impacts of the FDIC's new involvement. 1-15 / SR -79S Ultimate Interchange 95% PS&E (2nd Submittal) - Under Caltrans review. Pavement Rehabilitation Program This project will rehabilitate portions of Winchester, Rancho California, Ynez, Margarita Road and Rancho Vista Road's. City has received final plans for Margarita Road, Project 1, Winchester Road and Rancho Vista Road. The consultant continues to finalize the design for the rest of the projects. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II RFP171 for Engr Svcs: Aug - Sep 2010. Evaluation/Interview: Oct - Nov 2010. City is currently under negotiations with the most qualified candidate. 5 Citywide Storm Drain Improvements - Calle Fiesta This project consists of extending an existing City -maintained storm drain line an additional 200 feet to eliminate slope erosion at the current storm drain discharge point. The necessary drainage easement for future City access and maintenance of the new pipe is being pursued and will be secured prior to start of construction. Library Parking Expansion This project will add on -street parking adjacent to the Temecula Library and Fire Station #84 on Pauba Road. The Consultant is preparing the Water Quality Management Plan (WQMP). The City received the 100% plans. 6 Item No. 28 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: July 26, 2011 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of June 2011. PATROL SERVICES Overall calls for police service 2,791 "Priority One" calls for service 48 Average response time for "Priority One" calls 5.07 Minutes VOLUNTEERS Volunteer administration hours 193 Special Events hours 261 Community Action Patrol (CAP) hours 1,153 Reserve officer hours (patrol) 5 Training hours 152 Total Volunteer hours 1,500 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 3 Residential/Business security surveys conducted 1 Businesses visited 7 Residences/Businesses visited for past crime follow-up 1 Station Tour 0 Planning Review Projects/Temp Outdoor Use Permits 19 OLD TOWN STOREFRONT Total customers served 288 Sets of fingerprints taken 53 Police reports filed 17 Citations signed off 42 Car Seat Inspections 0 Total receipts $3,396.00 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests 14 On sight misdemeanor arrests 3 Felony arrest warrants served 6 Misdemeanor arrest warrants served 1 Follow-up investigations 5 Parole/Probation Searches 5 Pedestrian Checks 5 Traffic StopsNehicle Checks 18 Crime Free Housing Checks 15 TRAFFIC Citations issued for hazardous violations 1,212 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 31 Non -hazardous citations 664 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 108 Neighborhood Enforcement Team (N.E.T.) citations 29 Parking citations 168 School Zone 0 Seatbelts 175 Cell Phone Cites 365 Injury collisions 21 INVESTIGATIONS Beginning Caseload 110 Total Cases Assigned 67 Total Cases Closed 67 Search Warrants Served 3 Arrest 6 PROMENADE MALL TEAM Calls for service 437 Felony arrestifilings 4 Misdemeanor arrest/filings 27 Traffic Citations 23 Fingerprints/Livescans 143 Total receipts $12,019.00 SCHOOL RESOURCE OFFICERS Felony arrests 0 Misdemeanor arrests 0 Reports 0 Youth counseled 0 Meetings 0 * School is on summer break and will resume August 10, 2011.