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AGENDA
TEMECULA CITY COUNCIL
AN ADJOURNED REGULAR MEETING
MAIN CONFERENCE ROOM
43200 BUSINESS PARK DRIVE
JUNE 11, 1998 - 6:00 PM
At approximately 9:45 PM, the City Council will determine which of the
remaining agenda items can be considered and acted upon prior to 10:00 PM 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 PM.
Next in Order:
Ordinance: No. 98-11
Resolution: No. 98-46
CALL TO ORDER:
Mayor Ron Roberts presiding
Flag Salute:
Councilman Stone
ROLL CALL:
Comerchero, Ford, Lindemans, Stone, Roberts
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda,
a pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk before the Council gets to that item. There is a
five (5) minute time limit for individual speakers.
R:\Agenda\061198 1
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made
at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
RECESS CITY COUNCIL MEETING TO SPECIAL MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT,
THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND
WINCHESTER HILLS FINANCING AUTHORITY
R:\Agenda\061198 2
TEMECULA COMMUN~Y SERVICES DISTRICT MFFTING
Next in Order:
Ordinance: No. CSD 98-01
Resolution: No. CSD 98-09
CALL TO ORDER: President Jeffrey E. Stone
ROLL CALL:
DIRECTORS: Comerchero, Ford, Lindemans, Roberts, Stone
PUBLIC COMMENT:
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you desire to speak to the Board of
Directors on an item not listed on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak"
before the Board of Directors gets to that item.
individual speakers.
form must be filed with the City Clerk
There is a five (5) minute time limit for
Anyone wishing to address the Board of Directors, should present a completed pink "Request
to Speak" form to the City Clerk. When you are called to speak, please come forward and state
your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of May 26, 1998.
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
R:\Agenda\061198 3
ADJOURNMENT
Next meeting: June 16, 1998, scheduled to follow the City Council Consent Calendar,
Council Chambers, 43200 Business Park Drive, Temecula, California.
City
R:\Agenda\061198 4
TEMECULA REDEVELOPMENT AGENCY MEETING
CALL TO ORDER:
ROLL CALL:
PUBLIC COMMENT:
Chairperson Karel Lindemans presiding
Next in Order:
Ordinance: No. RDA 98-01
Resolution: No. RDA 98-10
AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, Lindemans
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the
Agency on an item not listed on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the City Clerk
before the Agency gets to that item. There is a five (5) minute time limit for individual
speakers.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of May 26, 1998.
RECONVENE TEMECULA CITY COUNCIL
JOINT CITY COUNCIL/AGENCY BUSINESS
2
Award of Construction Contract for Old Town Streetscape Project -
Project No. PW97-05
RECOMMENDATION:
That the Redevelopment Agency:
2.1
Appropriate $1,800,000.00 of RDA Bond proceeds to the Redevelopment
Agency (RDA) Capital Improvement Project Fund of the Old Town Streetscape
Project - Project No. PW97-05;
R:\Agenda\061198 5
RECOMMENDATION:
That the City Council:
2.2
2.3
2.4
Accept Mallcraft's request to withdraw their bid due to a clerical error
conforming to Section 5103 of the Public Contract Code;
Award a construction contract for the Old Town Streetscape Project to Valley
Crest Landscape, Inc., San Diego, CA, in the amount of $3,903,910.00 (contract
after deleting bid additives totaling $387,705.00) and authorize the Mayor to
execute the contract;
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $390,391.00 which is equal to 10% of the
recommended contract amount.
RECESS TEMECULA CITY COUNCIL
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next meeting: June 16, 1998, scheduled to follow the Community Services District Meeting,
City Council Chambers, 43200 Business Park Drive, Temecula, California.
R:\Agenda\061198 6
WINCHESTER HILLS FINANCING AUTHORITY
CALL TO ORDER:
ROLL CALL:
PUBLIC COMMENT:
Next in Order:
Ordinance: No. WHFA 98-02
Resolution: No. WHFA 98-11
Chairperson Jeff Comerchero
AUTHORITY MEMBERS: Ford, Lindemans, Roberts, Stone, Comerchero
A total of 15 minutes is provided so members of the public may address the Winchester
Hills Financing Authority on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the
Agency on an item not listed on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk. When you
are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the City Clerk
before the Agency gets to that item. There is a five (5) minute time limit for individual
speakers.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of May 26, 1998.
EXECUTIVE DIRECTOR'S REPORT
AUTHORITY MEMBERS' REPORTS
ADJOURNMENT
Next meeting: June 16, 1998, scheduled to follow the Redevelopment Agency meeting, City
Council Chambers, 43200 Business Park Drive, Temecula, California
R:\Agenda\061198 7
RECONVENE TEMECULA CITY COUNCIL
COUNCIL BUSINESS
3 Review of the Proposed FY 19999-03 Capital Improvement Program
RECOMMENDATION:
3.1 Review and discuss the proposed FY 1999-03 Capital Improvement Program
(CIP) providing direction to staff as appropriate.
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next meeting: June 16, 1998, 7:00 PM, City Council Chambers, 43200 Business Park Drive,
Temecula, California.
R:\Agenda\061198 8
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM I
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
MAY 26, 1998
A regular meeting of the Temecula Community Services District was called to order at
8:26 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
President Jeffrey E. Stone presiding.
ROLL CALL
PRESENT: 5 DIRECTORS:
Comerchero, Ford, Lindemans, Roberts,
and Stone.
ABSENT: 0 DIRECTORS: None.
Also present were General Manager Bradley, City Attorney Thorson, and Acting City Clerk
Jones.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
1. Minutes
1.1 Approve the minutes of May 12, 1998.
2. Service Level R Appropriation
2.1 Appropriate $4,500 to road maintenance in Service Level R from fund
balance.
(President Stone abstained with regard to Consent Calendar Item No, 2.)
3. Tract No. 23583 - Establishing Service Level B Rates and Charges (located southerly
of North General Kearny Road at Calle Madero)
3.1 Adopt a resolution entitled:
RESOLUTION NO. 98-08
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT
WITH RESPECT TO ESTABLISHING SERVICE LEVEL B RATES AND CHARGES
FOR TRACT NO. 23583 BEGINNING FISCAL YEAR 1999-00 AND SETTING A
TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH
Minutes. CSD\052698 I
Temecula Communitv Services District Meetina May 26, 1998
MOTION: Director Lindemans moved to approve Consent Calendar Item Nos. 1 - 3. The motion
was seconded by Director Comerchero and voice vote reflected unanimous approval with the
exception of President Stone who abstained with regard to Consent Calendar Item No. 2.
DEPARTMENTAL REPORT
No additional comments.
DIRECTOR OF COMMUNITY SERVICES REPORT
Acting Director of Community Services Parker thanked the community for its support of the
Kite Fly and as well expressed appreciation to Target for its donation of the kites.
GENERAL MANAGER'S REPORT
No comments.
BOARD OF DIRECTORS' REPORTS
No comments.
ADJOURNMENT
At 8:28 P.M., President Stone formally adjourned the meeting to Tuesday, June 16, 1998, at
7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California.
ATTEST:
Jeffrey E. Stone, President
Susan W. Jones, CMC
Acting City Clerk/District Secretary
[SEAL]
Minutes,CSD\052698 2
REDEVELOPMENT
AGENCY
ITEM 1
Temecula Redevelopment Aoencv Mav 26, 1998
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
MAY 26, 1998
A regular meeting of the City of Temecula Redevelopment Agency was called to order at
8:28 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
Chairman Lindemans presiding.
ROLL CALL
PRESENT: 5
AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone,
and Lindemans.
ABSENT: 0 AGENCY MEMBER: None.
Also present were Executive Director Bradley, City Attorney Thorson, and Acting City Clerk
Jones.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
1. Minutes
1.1 Approve the minutes of May 12, 1998.
MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No.1.
The motion was seconded by Agency Member Ford and voice vote reflected unanimous
approval.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
2. Disposition and Development Agreement and Ground Lease for the North Pujol
Redevelopment Project
2.1 That the City Council adopt a resolution entitled:
minutes. RDA\052698 1
Temecula Redevelopment Aoencv May 26, 1998
RESOLUTION NO. 98-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED
"DISPOSITION AND DEVELOPMENT AGREEMENT" BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND
TEMECULA GARDENS, L.P., DATES AS OF MAY 26, 1998, AND
THAT CERTAIN GROUND LEASE BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND
TEMECULA GARDENS, L.P., DATES AS OF MAY 26, 1998, FOR
THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN
REDEVELOPMENT PROJECT NO. 1--1988
2.2 That the Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 98-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN AGREEMENT ENTITLED
"DISPOSITION AND DEVELOPMENT AGREEMENT" AND THAT
CERTAIN GROUND LEASE BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA AND TEMECULA
GARDENS, L.P., DATES AS OF MAY 26, 1998, FOR THE
REDEVELOPMENT OF CERTAIN PROPERTY WITHIN
REDEVELOPMENT PROJECT NO. 1--1988
(Agency Member Stone abstained with regard to this public hearing.)
Housing and Redevelopment Manager Meyer presented the staff report (of record), noting that
State law requires that 20% of the tax increment money generated by the RDA must be spent
on the acquisition, the preservation, and the rehabilitation of affordable housing within the
community.
There being no public input, the following motion was offered:
MOTION: Councilman Comerchero moved to adopt Resolution No. 98-47. The motion was
seconded by Councilman Linderoans and voice vote reflected unanimous approval.
MOTION: Agency Member Comerchero moved to adopt Resolution No. RDA 98-09. The motion
was seconded by Agency Member Lindemans and voice vote reflected unanimous approval.
At this time, the City Council meeting was recessed,
minutes. RDA\052698 2
Temecula Redevelopment Aaencv Mav 26, 1998
DEPARTMENTAL REPORT
No additional comments.
EXECUTIVE DIRECTOR'S REPORT
No comments.
AGENCY MEMBERS' REPORTS
No comments.
ADJOURNMENT
At 8:33 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, June 16, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Karel F. Lindemans, Chairman
ATTEST:
Susan W. Jones, CMC
Acting City Clerk/District Secretary
[SEAL]
minutes. RDA\052698 3
ITEM 2
APPROVAL ~
CITY ATTORNEY
DIRECTOR OF FINANCE ~,~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
JOINT MEETING OF
THE CITY OF TEMECULA
AND
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
City Manager/City Council
Executive Director/Redevelopment Agency Members
,-~Joseph Kicak, Director of Public Works/City Engineer
June 11, 1998
Award of Construction Contract for Old Town Streetscape Project -
Project No. PW97-05
PREPARED BY: ~/' William G. Hughes, Senior Engineer - Capital Projects
John Pourkazemi, Associate Engineer - Land Development
RECOMMENDATION:
That the Agency Members:
Appropriate $1,800,000.00 of RDA Bond proceeds to the Redevelopment Agency (RDA)
Capital Improvement Project Fund for the Old Town Streetscape Project, Project No.
PW97-05.
That the City Council:
Accept Mallcraft's request to withdraw their bid, due to a clerical error conforming to
Section 5103 of the Public Contract Code.
Award a construction contract for the Old Town Streetscape Project to Valley Crest
Landscape, Inc., San Diego, CA in the amount of $3,903,910.00 (contract after
deleting bid additives totaling $387,705.00 ) and authorize the Mayor to execute the
contract.
Authorize the City Manager to approve change orders not to exceed the contingency
amount of $390,391.00 which is equal to 10% of the recommended contract amount.
BACKGROUND: This project includes improvements on Front Street from Moreno
Road to First Street, and Main Street from Mercedes Street to the bridge overcrossing Murrieta
Creek. To provide flexibility in funding and selecting various improvements, the base bid was
supplemented with additive and deductive bid items. The contract award amount represents
the recommended additives.
R:\AGDRPT\98\0611 .SPC\PW97-06.AWD/ajp
The following three (3) bids were received and publicly opened on May 21, 1998:
Base Bid &
All Bid Additives
1. Mallcraft, Inc ................................. $ 4,073,000.00
2. Valley Crest Landscape, Inc ....................... $ 4,291,61 5.00
3. Edge Development ............................. $ 4,539,066.00
After the bids were received and opened, the low bidder requested that their bid be withdrawn
due to an "inadvertent clerical error". The California Public Contract Code, Section 5103
requires that a bid withdrawal request must be substantiated by the following:
-He or she gave the public entity written notice within five days after the opening of the bids
of the mistake, specifying in the notice in detail how the mistake occurred.
-The mistake made the bid materially different than he or she intended it to be.-The mistake was made in filling out the bid and not due to error in judgement or to
carelessness in inspecting the site of the work.
Mallcraft Inc., substantiated their request by presenting their storm drain subcontractor's
oversight which is attached. Based on Mallcraft's request, staff recommends awarding the
contract to the second lowest bidder Valley Crest Landscape, Inc.. Although Valley Crest
Landscape, Inc. has not performed work for the City of Temecula, they have completed or are
completing similar projects for the cities of Yorba Linda, Long Beach, Glendale, and Huntington
Beach. Valley Crest Landscape has also completed numerous private development projects.
Recommended Project Bid Additives ( See attached Project Funding Options)
The following additive items are recommended:
· Sound system
· Flag poles
· Acceleration schedule (See Construction Schedule below)
· GTE conduits (for future utility undergrounding)
· Redwood boardwalk (at limited locations, so longevity of different materials can be
compared)
· SCE conduits (for future utility undergrounding)
The following bid additive items are not recommended:
· Arch entry monuments ( not included in the bid)
· Bronze statuary
· Ornamental crates and barrels
· Graded Trail, (Paseo along the west side of Front Street from Moreno to Rancho
California Road)
The Arch Entry Monuments, Bronze Statuary, Ornamental Crates, Barrels, and Graded Trail
can be postponed to a later date.
Construction Schedule
Without the acceleration additive, the specifications require that work shall commence on or
before July 1, 1998 and be completed on or before November 15, 1998 except for the
following items of work:
· Wooden Boardwalk.
· Landscape and Irrigation Improvements.
· The graded trail and associated work between Rancho California Road and Moreno
Road.
· Landscape Architectural Features that are directly anchored onto the Boardwalk.
R:\AG DRPT~98\0611 .SPC\PW97-OS,AWD/ajp
The above items must be completed on or before December 30, 1998.
The acceleration additive requires that all work including the above items be completed on or
before November 15, 1998.
FISCAL IMPACT:
The Old Town Streetscape Project is an RDA Capital Improvement Project and is funded with
existing RDA bond proceeds. An additional appropriation of $1,800,000 is required in Account
No. 280-199-824-5804 to fund the proposed contract amount. Adequate bond proceeds are
available for the appropriation amount.
ATTACHMENTS:
Project Funding Options
Mallcraft, Inc. Request to Withdraw Bid
Valley Crest Landscape, Inc. Contract
R:\AGDRPT~98\0611 .SPC\PW97-05.AWD/ajp
Old Town Project Funding Options
Contractor: Valley Crest
Item
No. Description
Base Bid Valley Crest Recommended
Bid Amounts Amounts
1
2
3
4
5
Storm Drain System
Street Improvements
Ornamental Street Lights
Irrigation & Landscaping
Landscape Architectural Features
Total Base Bid
$891,458
$1,406,802
$495,687
$365,9O4
$1 O8,762
$3,268,613
$891,458
$1,406,802
$495,687
$365,904
$108,762
$3,268,613
1
2
3
4
5
6
7
8
9
Additive Bid
Sound System
Flag Pole
Bronze Statuary
Ornamental Crates and Barrels
Graded Trail, Paseo to Rancho Calif
Acceleration Schedule
GTE Conduit and Pull Boxes
Redwood Boardwalk (limited locations)
SCE (conduit only)
Arch Ways (removed from bid)
Total Additive Bid
Base Bid plus Additives
$353,472
$26,051
$153,950
$25,437
$208,318
$193,214
$43,521
$13,470
$5,569
Not Bid
$1,023,002
$4,291,615
$353,472
$26,051
$193,214
$43,521
$13,470
$5,569
Not Bid
$635,297
$3,903,910
Contingency 10.00% $429,162 $390,391
Construction Total $4,720,777 $4,294,301.00
Deductive Bid
Replace Wood Boardwalk with Stamp Pattern PCC
Replace PCC paving & Decorative Inlays with AC
($321,981)
$0
No Deductions
Recommended
Project Management Expenses
Soil Testing
Administration
Survey ( Included in Construction Bid)
Construction Management
Project Management Total
Total Project Costs
Funds Available
Additional Appropriation
$35,000
$34,OOO
$183,500
$252,500
$4,973,277
$2,737,216
($2,236,060)
$35,000
$34,000
$173,500
$242,500
$4,536,801
($1,799,585)
~NC
May 26, 1998
FAXED ,4NO
City of Tcmecula
43200 Business Parle Drive
Temecula, CA 92~g0
Aim: William G. Hu~tes, P.E.
Samor En~ae~r _ Capital Projects
Re: Old Town Sa'a~e .
Project No. PW97-05
C~ntemcn:
We respectfully reque~ tim our bid on ~c above referraced pro!ect be withdrawn
d~ to an irtadvertent clexica/error.
~you have any quaions, please contact the undersignS.
Yours truly,
S. E. Pappas
Vice President
cc: file
C.R.R.R.#Z 103 212 021
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May-28-g8 03:56pm From-MALLCRAFT, INC +6263883688 T-428 P.01/05 F-156
M3I,LCRAFT, INC.
2225 N. WINDSOR AVENUE
ALTADENA, CA 91001
(626) 398-3598 FAX (626) 398-3698
LICENSE #243141
FAX MEMO
TO:
ATTN:
DATE:
PROJECT:
REMARKS:
CITY OF TEMECULA
JOSEPH KICAK
May 28, 1998
OLD TOWN STREETSCAPE - PROJECT NO. PW97-05
ATTACHED IS OUR. BID SL.-~. -FT FOR THE ABOVE REFERENCED PROJECT.
THE DOLLAR. AMOUNT THAT WE HAD IN FOR THE STORM DR.M~ ($182,300)
WAS FOR STR.UCTUR.ES ONLY AND DID NOT INCLUDE THE PIPING. TIlE
PIPING COST IS APPROXIMATELY $450,000.00.
AS YOU CAN SEE, WE COULD NOT POSSIBLE COMPI.F. TE THE PROJECT AT
OUR BID PRICE. WE APPOLOGIZI::. FOR ANY INCONVENIENCE Tills
INADVERTENT CLERICAL ERROR HAS CAUSED.
THANK YOU.
11' YOU HAVE ANY QUESTIONS, PLEASE CONTACT:
MALLCRAFT, INC.
SHEEIVA
CC: FILE
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW97-05
OLD TOWN STREETSCAPE PROJECT
THIS CONTRACT, made and entered into the 11th day of June, 1998, by and between
the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Valley
Crest Landscape, Inc., hereinafter referred to as "CONTRACTOR."
WlTNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW97-
05, OLD TOWN STREETSCAPE PROJECT, Insurance Forms, this Contract, and all
modifications and amendments thereto, the State of California Department of
Transportation Standard Specifications (1992 Ed.) 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
the Joint Cooperative Committee of the Southern California Chapter of the American
Associated General Contractors of California (hereinafter, "Standard Specifications") as
amended by the General Specifications, Special Provisions, and Technical Specifications
for PROJECT NO. PW97-05, OLD TOWN STREETSCAPE PROJECT. Copies of these
Standard Specifications are available from the publisher:
Building News, Incorporated
3055 Overland Avenue
Los Angeles, California 90034
(213) 202-7775
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW97-
05, OLD TOWN STREETSCAPE PROJECT.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not
in complete detail, it is understood that the item is to be furnished and installed
completed and in place and that only the best general practice is to be used. Unless
otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools,
equipment, and incidentals, and do all the work involved in executing the Contract.
CONTRACT CA-1
r:\cip\projects\pw97\pw97-O7\contract.doc
o
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.
SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable equipment,
and all utility and transportation services required for the following:
PROJECT NO. PW97-05, OLD TOWN STREETSCAPE PROJECT
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.
CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR
agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE
MILLION NINE HUNDRED THOUSAND THREE NINE HUNDRED TEN DOLLARS and NO
CENTS ($3,903,910.00), the total amount of the base bid and bid additives.
CONTRACTOR agrees to complete the work as specified in Section 17 of the
Instructions to Bidders, commencing with delivery of a Notice to Proceed by CITY.
Construction shall not commence until bonds and insurance are approved by CITY.
CHANGE ORDERS. All change orders shall be approved by the City Council, except that
the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
PAYMENTS.
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.
UNIT PRICE BID SCHEDULE:
ao
Pursuant to Section 20104.50 of the Public Contracts 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.
CONTRACT CA-2 r:\cip\projects\pw97\pw97-O7\contract.doc
Go
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.
Interest shall be paid on all undisputed payment requests not paid within thirty
(30) days pursuant to Public Contracts Code Section 20104.50. Public Contracts
Code Section 7107 is hereby incorporated by reference.
In accordance with Section 9-3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contracts 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.
WARRANTY RETENTION. Commencing with the date the Notice of Completion is
recorded, the CITY shall retain a portion of the Contract award price, to assure warranty
performance and correction of construction deficiencies according to the following
schedule:
CONTRACT AMOUNT
$25,000- $75,000
$75,000- $500,000
OverS500,000
RETENTION PERIOD
180 days
180 days
One Year
RETENTION PERCENTAGE
3%
$2,250 + 2% of amount in
excess of $75,000
$10,750 + 1% of amount
in excess of $500,000
~
LIQUIDATED DAMAGES - EXTENSION OF TIME & BONUS. In accordance with
Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY
the sum of three thousand dollars ($3,000.00) 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. CONTRACTOR is
required to promptly notify CITY of any such delay.
The City shall pay to the Contractor, as a bonus, an amount equal to that stipulated in the
Liquidated Damages per for each calendar day that completion of work is finished ahead
of the date stipulated in Section 17 of the Instructions to Bidders.
WAIVER OF CLAIMS. On or before making each request for payment under Paragraph
6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as
to work related to the payment. Unless the CONTRACTOR has disputed the amount of
the payment, the acceptance by CONTRACTOR of each payment shall constitute a
release of all claims against the CITY related to the payment. CONTRACTOR shall be
required to execute an affidavit, release, and indemnity agreement with each claim for
payment.
CONTRACT CA-3 r:\cip\projects\pw97\pw97-O7\contract,doc
10.
11.
12.
13.
14.
15.
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 on file with the City
Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor
Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this Contract, by him or by any subcontractor under him,
in violation of the provisions of the Contract.
TIME OF THE ESSENCE. Time is of the essence in this contract.
INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR
alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its
officers, employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted
by CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project.
The CITY shall deduct such costs from Progress Payments or final payments due to the
CITY.
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.
CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee,
or any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed
by the CITY within one year of the date of the Notice Inviting Bids.
CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in
an affidavit covering disputed claims or items in connection with a Stop Notice which
has been filed under the provisions of the laws of the State of California.
CONTRACT CA-4 r:\cip\projects\pw97\pw97-O7\contract.doc
16.
17.
18.
19.
20.
21.
22.
NOTICE TO CITY OF I ABOR 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.
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.
INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
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.
GOVERNING I AW. 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.
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.
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:
Joseph Kicak, Director of Public Works/City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
43200 Business Park Drive
CONTRACT CA-5 r:\cip\projects\pw97\pw97-07\contract.doc
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
VALLEY CREST LANDSCAPE, INC.
8450 Miramar Place
San Diego, CA 92121
Phone: (619) 458-9900
By:
Print or type NAME
DATED:
APPROVED AS TO FORM:
Print or type TITLE
CITY OF TEMECULA
By:
Ron Roberts, Mayor
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, CMC, Acting City Clerk
CONTRACT CA-1 r:\cip\projects\pw97\pw97-O7\contract.doc
WINCHESTER HILLS
FINANCING AUTHORITY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA WINCHESTER HILLS FINANCING AUTHORITY
MAY 26, 1998
A regular meeting of the City of Temecula Winchester Hills Financing Authority was called
to order at 8:33 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula,
California. Chairman Comerchero presiding.
PRESENT: 5
AUTHORITY MEMBERS:
Ford, Lindemans, Roberts, Stone,
and Comerchero.
ABSENT: 0 AUTHORITY MEMBER: None.
Also present were Executive Director Bradley, City Attorney Thorson, and Acting City Clerk
Jones.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
1. Minutes
1.1 Approve the minutes of May 12, 1998
MOTION: Authority Member Lindemans moved to approve Consent Calendar Item No. 1.
The motion was seconded by Authority Member Stone and voice vote reflected unanimous
approval.
EXECUTIVE DIRECTOR'S REPORT
Reiterating that the purpose for the creation of this Authority is to facilitate the financing or
refinancing of the outstanding debt on the CFD bonds in the Winchester Hills area,
Executive Director Bradley noted that meetings have been scheduled to ensure a successful
completion of that project and that if any changes were to arise, the Authority Members
would be immediately apprised.
AUTHORITY MEMBERS' REPORTS
Advising that the School Superintendent has responded to his concerns with regard to
school fees, Authority Member Stone noted that the Superintendent has requested that a
subcommittee meeting be scheduled in order to further address the issue.
Minutes.WHFA~)51298 1
Temecula Winchester Hills Financin~ Authority 051298
Executive Director Bradley advised that a tentative meeting has been scheduled for
Thursday, June 18, 1998. It was noted that Mayor Roberts and Councilman Stone would
serve on this subcommittee.
ADJOURNMENT
At 8:37 P.M., the Temecula Winchester Hills Financing Authority meeting was formally
adjourned to Tuesday, May 26, 1998, at 7:00 P.M., City Council Chambers, 43200
Business Park Drive, Temecula, California.
ATTEST:
Jeff Comerchero, Chairman
Susan W. Jones, CMC
Acting City Clerk/Authority Secretary
[SEAL]
Minutes. WH FA~051298 2
CITY COUNCIL
BUSINESS
ITEM 3
APPROVAL
CITY ATTORNEY
DIR. OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
PREPARED BY:
City Manager/City Council
Genie Roberts, Director of Finance
June 11, 1998
Review of the Proposed FY 1999-03 Capital Improvement Program
Gus Papagolos, Interim Senior Management Analyst¢~_-~
RECOMMENDATION: That the City Council review and discuss the proposed FY 1999-03
Capital Improvement Program (ClP), providing direction to staff as appropriate.
DISCUSSION: The CIP is the City's plan for providing public improvements which exceed
$25,000 in cost, have long-term life spans, and are nonrecurring. The proposed CIP document
serves as a planning tool for the coordination of financing and scheduling of all capital
improvement projects over the next five years.
CIP DEVELOPMENT
The bound document is presented for City Council review and comments, and is separated as
follows:
- General Information Regarding the Capital Improvement Program
- Revenue and Cost Summaries
- Circulation Projects
- Infrastructure/Other Projects
- Park Projects
- RDA Projects
The proposed ClP is a culmination of six staff CIP workshops, which addressed each project for
feasibility, necessity, funding sources, and timing. Of particular benefit to the proposed CIP
was direction received as a result of the City Council goal setting workshops. All departments
that were involved in the process contributed significantly to the discussions, resulting in a
realistic and comprehensive proposed Five Year Capital Improvement Program.
COSTS
Overall, the total cost as identified in the CIP is $220,822,950. A total of 76 projects are
included in the program, consisting of thirty (30) Circulation Projects, seventeen (17)
Infrastructure/Other Projects, eighteen (18) Park Projects, and eleven (11) Redevelopment
Agency/Housing Projects. The following illustrates the associated costs for each project
classification and total cost:
Project
Circulation
Infrastructure/Other Projects
Parks
Redevelopment RDA/Housing
Cost
11,209,400
58,760,200
19,666,750
31,186,600
REVENUE
Projected revenue from identified sources for the Five Year Capital Improvement Program is
9127,142,240. Unspecified (unfunded) project costs for the five year program total
999,843,560.
Through the first two years of the five year program, there is adequate funding for all proposed
projects. However, for the remaining three years, in the unspecified category, the deficiency
begins and continues to increase to the five year total of 999,843,560 (please note that prior
to considering the "unspecified funded" projects, the CIP Budget is in balance for completion
of all proposed projects).
Included in this five year plan are nine (9) projects which currently do not fit into the five year
window, but warrant consideration and review in this document. These projects are proposed
to be funded by both assessment districts and unspecified funds in future years for a total cost
of 953,315,200, and is included in the total unspecified amount of 999,843,560.
FISCAL IMPACT: The adoption of the FY 1999-03 Five Year Capital Improvement Program
establishes the project appropriations for FY 1998-99.
Attachment: Proposed City of Temecula Capital Improvement Program document