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Home My WebLink About071001 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY '10, 2001 - 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 11:00 P.M. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Mayor Jeff Comerchero Eve Craig Pastor Skip McComas of Hope Lutheran Cub Pack No. 148 Naggar, Pratt, Roberts, Stone, Comerchero PRESENTATIONS/PROCLAMATIONS Red Cross Presentation and Proclamation PUBLIC COMMENTS Next in Order: Ordinance: No. 2001-07 Resolution: No. 2001-64 A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. R:~Agenda\071001 1 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 Minutes RECOMMENDATION: 2.1 Approve the minutes of June 12, 2001. 3 Resolution approvin.q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 01- 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 Ma,/31, 2001 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of May 31, 2001. 5 City Treasurer's Statement of Investment Policy RECOMMENDATION: 5.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity, and yield for City funds. R:~Agenda\071001 2 6 7 Authorization of Special Tax Lev,/in Community Facilities District No. 88-12 (Yne? Corridor) RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 0l- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) Purchase of Police Motorcycles RECOMMENDATION: 7.1 Approve the purchase of two police motorcycles from Quaid Harley Davidson for a total amount of $36,948.76 8 Contract Inspection Services for Buildinq and Safety RECOMMENDATION: 8.1 Approve an agreement for Consultant Services with P & D Consultants in an amount not to exceed $165,000 to provide supplemental building inspection services to the Building and Safety Department. David Turch & Associates Contract Amendment RECOMMENDATION: 9.1 Approve the contract amendment for Federal legislative services to be provided by David Turch & Associates in the amount of $30,000 with an additional $2,500 reimbursement for all ordinary and reasonable expenses incurred on the City's behalf. 10 Maintenance Facility OfficeNVorkstation Furnishinqs 11 RECOMMENDATION: 10.1 Approve a contract in the amount of $83,061 to purchase refurbished modular workstations and space planning services from Business Furniture Solutions. Annual Professional Services Agreement for Reap Estate Appraisal Services for variou~ Capital Improvement Projects for FY 2001-2002 RECOMMENDATION: 11.1 Approve an agreement with Robert Shea Perdue Real Estate Appraisal in an amount not to exceed $30,000 to provide as-needed real estate appraisal services; R:~Agenda~071001 3 12 13 11.2 Authorize the Mayor to execute the agreement. Annual Professional Services A,qreements for Geotechnical and Material Testinq Services for various Capital Improvement Projects for FY 2001-2002 RECOMMENDATION: 12.1 Approve the agreement with Petra Geotechnical, Inc. in an amount not to exceed $60,000 to provide as-needed geotechnical and materials testing services; 12.2 Approve the agreement with Ninyo & Moore in an amount not to exceed $60,000 to provide as-needed geotechnical and materials testing services; 12.3 Authorize the Mayor to execute the agreements. Annual Professional Services Agreements for En.qineering and Construction Survey Services for various Capital Improvement Projects for FY 2001-2002 RECOMMENDATION: '13.1 Approve the annual agreement with Kevin Cozad & Associates in an amount not to exceed $60,000 to provide as-needed engineering and construction survey services; 13.2 Approve the annual agreement with Adikson Engineers, Inc., dba Adkan Engineers, in an amount not to exceed $60,000 to provide as-needed engineering and construction survey services; 13.3 Authorize the Mayor to execute the agreements. 14 Public Works Annual Maintenance Agreements RECOMMENDATION: 14.1 Approve the minor annual maintenance and construction contracts with: · Monteleone Contractors, Inc. in an amount not to exceed $100,000.00 · Walter K. Becker (dba Becker Engineering) in an amount not to exceed $100,000.00 · Rene's Commercial Management in an amount not to exceed $100,000.00 · Toran Development & Construction in an amount not to exceed $100,000.00 · NPG Corp (Nelson Paving & Sealing) in an amount not to exceed $100,000.00 · Murrieta Development Company in an amount not to exceed $100,000.00 · Graham Crackers-Demo, Inc. in an amount not to exceed $100,000.00. R:~Agenda\071001 4 15 Amendment No. 2 with West Coast Arborists, Inc. for renewal of City-wide Tree Trimminq Maintenance Contract RECOMMENDATION: 15.1 Approve Amendment No. 2 for the extension of the City-wide Tree Trimming Maintenance Services Contract with West Coast Arborists, Inc. for a period of one year beginning July 1, 2001 in an amount of $150,000.00 and authorize the Mayor to execute the contract extension; 15.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000.00, which is equal to 10% of the contract amount. 16 Completion and Acceptance of Pala Road Brid,qe Improvements - Environmental Miti,qation - Project No. PW97-15EM RECOMMENDATION: 16.1 Accept the project Pala Road Bridge Improvements - Environmental Mitigation - Project No. PW97-15EM - as complete; 16.2 Authorize the City Clerk to file the Notice of Completion and release the Performance Bond; 16.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. 17 Professional Services Aqreement - Converse Consultants Contract for Geotechnical and Material Testinq Services - Pavement Manaqement Project - FY2000-01 - Project No. PW00-30 RECOMMENDATION: 17.1 Approve an agreement with Converse Consultants in an amount not to exceed $32,020.00 to provide as-needed geotechnical and material testing services for the Pavement Management Project for FY2000-01 and authorize the Mayor to execute the agreement; 17.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,202.00, which is equal to 10% of the agreement amount. 18 Department of Parks and Recreation Per Capita Grant Proqram RECOMMENDATION: 18.1 Adopt a resolution entitled: R:~Agenda\071001 5 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COSTAL PROTECTION BOND ACT OF 2000 19 Acceptance of Median Landscape Bonds and Agreement alon,q Meadows Parkway for Tract Nos. 29431 and 24136 - Newland Communities, LLC RECOMMENDATION: 19.1 Accept the agreement and surety bonds from Newland Communities, LLC, Inc. to the landscaped medians along Campanula Way and De Portola Road in Paseo del Sol- Specific Plan No. 219 -Tract Nos. 29431 and 24136. 20 Legislation 2001 RECOMMENDATION: 20.1 Approve staff to prepare various positions of support with the Mayor's signature for current legislation. 21 Roripauqh Specific Plan - Status Report RECOMMENDATION: 21.1 Receive and file. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE WINCHESTER HILLS FINANCING AUTHORITY R:~Agenda\071001 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2001-01 Resolution: No. CSD 2001-15 CALL TO ORDER: President Jeff Stone ROLL CALL: DIRECTORS: Comerchero, Naggar, Pratt, Roberts, Stone PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no~t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 12, 2001. 2 Professional Services A,qreement for Geotechnical and Materials Testinq for Chaparral Hi,qh Schoo Swimm n.q Pool- Project No. PW00-08CSD RECOMMENDATION: 2.1 Approve the agreement with Ninyo and Moore to provide professional geotechnical and materials testing services for the Chaparral High School Swimming Pool - Project No. PW00-08 - for an amount not to exceed $48,927.00 and authorize the President to execute the agreement; 2.2 Authorize the General Manager to approve amendments not to exceed the contingency amount of 10% of the contract or $4,892.70. R:~Agenda\071001 7 3 Professional Services A,qreement for Construction Management for Chaparral Hiqh School Swimminq Pool - Project No. PW00-08CSD RECOMMENDATION: 3.1 Approve the agreement with Don Sidell to provide construction management services for the Chaparral High School Swimming Pool - Project No. PW00-08 - for an amount not to exceed $46,600.00 and authorize the President to execute the agreement; 3.2 Authorize the General Manager to approve amendments not to exceed the contingency amount of 10% of the contract or $4,660.00. 4 Award the Construction Contract for Chaparral Hi,qh School Swimming Pool - Project No. PW00-08CSD RECOMMENDATION: 4.1 Award a construction contract to California Commercial Pools, Inc. of Glendora, California, for the Chaparral High School Swimming Pool - Project No. PW00- 08CSD - in the amount of $2,370,147.71 which includes Additive Bid No. 1 less Bid Item No. 26 of the Base Bid; and to authorize the President to execute the contract; 4.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $237,014.77 which is equal to 10% of the contract amount; 4.3 Approve a transfer of $278,000.00 in Capital Reserves from the Date/Cherry Street Improvements from Murrieta Hot Springs Road to Margarita Road - Phase V to the Chaparral High School Swimming Pool Project. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORT,~ ADJOURNMENT Next regular meeting: Tuesday, July 24, 2001, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\071001 8 TEMECULA REDEVELOPMENT AGENCy MEETING Next in Order: Ordinance: No. RDA 200%01 Resolution: No. RDA 2001-05 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 12, 2001. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, July 24, 2001, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\071001 9 WINCHESTER HILLS FINANCING AUTHORITY Next in Order: Ordinance: No. WHFA 2001-01 Resolution: No. WHFA 2001-01 CALL TO ORDER: Chairperson ROLL CALL AUTHORITY MEMBERS: Naggar, Pratt, Roberts, Stone, and Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 25, 2000. 2 Authorization of Special Tax Levy in Community Services District No. 98-1 (Winchester Hills) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. WHFA 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) R:~Agenda\071001 10 EXECUTIVE DIRECTOR'S REPORT AUTHORITY MEMBERS' REPORTS ADJOURNMENT R:~Agenda\071001 11 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 22 Pedestrian Bridqe over Winchester Road at Nicolas Road (at the request of Councilman Naggar) RECOMMENDATION: 22.1 Direct the Public Works Department to process an application for the construction of a pedestrian bridge over Winchester Road at Nicolas Road through Caltrans; 22.2 Approve a transfer of $400,000.00 in Capital Reserves from the Murrieta Hot Springs Road Flyover Project (Date/Cherry Street Improvements from Murrieta Hot Springs Road to Margarita Road - Phase V) to the pedestrian bridge project over State Route 79 NorthNVinchester Road at Nicolas Road. 23 Potential City Hall Site (at the request of Councilman Pratt) RECOMMENDATION: 23.1 Provide direction to staff regarding this item. 24 City Council Term Limits (at the request of Councilman Pratt) RECOMMENDATION: 24.1 Provide direction to staff regarding this item. 25 Release of letter from City Attorney re.qardin.q use of City Facilities (at the request of Councilman Naggar) RECOMMENDATION: 25.1 Provide direction to staff regarding this item. 26 Consideration of Mail Security Measures for City Council Correspondence, (at the request of Councilman Naggar) RECOMMENDATION: 26.1 Provide direction to staff regarding this item. R:~Agenda\071001 12 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next adjourned regular meeting: Joint City Council/Planning Commission Workshop, Tuesday, July 17, 2001, at 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California Next regular meeting: City Council, Tuesday, July 24, 2001, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\071001 13 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JUNE t2, 2001 The City Council convened in Closed Session at 5:30 P.M., on Tuesday, June 12, 2001, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session of the City Council meeting commenced at 7:02 P.M. Present: Absent: PRELUDE MUSIC Councilmembers: Naggar, Roberts, Stone, Comerchero Councilmember: Pratt The prelude music was provided by Matthew Klm. INVOCATION The invocation was given by Pastor Ron Alsobrooks of New Covenant Fellowship Center. ALLEGIANCE The salute to the Flag was led by Boy Scout Troop #301. PRESENTATIONS/PROCLAMATIONS Friends of the Temecula Library Proclamation On behalf of the Friends, Ms. Grace Mellman accepted the proclamation presented by Mayor Comerchero. Pause for the Pledqe of Alle.qiance Day The proclamation was presented by Mayor Comerchero to District Chairman Dennis Gallagher. With the concurrence of the City Council, Mayor Comerchero requested that the Flag Day Ceremony be held at City Hall, on June 14, 2001, at 4:00 P.M., and invited the public to attend. Glassy-win.qed Sharpshooter Update Advising that the City of Temecula is recognized as the leader in the fight against the Glassy- winged Sharpshooter, Ms. Sparkman thanked the City Council for its leadership and introduced Mr. Craig Weaver of Callaway and Mr. Ben Drake of Drake Enterprises (State Task representatives for the Glassy-winged Sharpshooter) who, in turn, updated the City Council on the process of the fight against the Sharpshooter and commended the City on its foresight and efforts associated with regard to this matter. R:\Minutes\061201 1 Extreme Recycling Pro,qram Management Analyst Smith reviewed the Recycling Program; thanked CR&R (solid waste haulers) for its involvement in sponsoring this program; and commended the following residents on a job well done: Richard G. Davis Family Ronald D. Ellis Family William E. Sandine Family Charles Yon Family Kathryn Hills Family Walter G. Lewis Family Robert J. Forbes Family Norman S. Dietz Family Kevin Smith Family Jimmy Beaver Family Amateur Radio Week Proclamation Mayor Comerchero presented to Mr. Wyma, representing the Golden Triangle Amateur Radio Club, the proclamation. PUBLIC COMMENTS A. Ms. Eve Craig, 42960 Calie Reva, expressed appreciation to the City Council for its sponsorship of the upcoming barbeque fundraiser, benefiting the Temecula Valley Historical Society which will be held on Sunday, June 24, 2001, at 1:00 P.M. to 5:00 P.M., at Margarita Park, and invited the public to attend. B. Mr. Scott Eggum, 41833 Carleton Way, recognized and thanked Councilman Stone for the recommendation of planting a tree at Veterans Park in memory of his daughter, Daviana, and as well expressed appreciation to the City Council, Community Services Director Parker, and City staff for their efforts in making the event a memorable occasion. Advising that his daughter had enjoyed attending a summer camp for children with heart disease, Mr. Eggum apprised the City Council, staff, and the public of an upcoming Golf Tournament fundraiser in memory of his daughter, Daviana, and in an effort to raise funds for this particular camp. Mr. Eggum noted that the tournament will be on July 20, 2001, at 1:30 P.M., at Temeku Hills Country Club. C. Representing the Save Southwest Riverside County (SSRC) Organization, Mr. Loma Bosinger, 40125 Scanlon Road, thanked the City Council for the protest filing with regard to the proposed electrical transmission corridor and for the requesting of local public hearings. Ms. Bosinger advised that the California Public Utilities Commission has granted local public hearings and, therefore, encouraged and stressed the importance of public attendance. CITY COUNCIL REPORTS A. Advising that the Habitat for Humanity will be sponsoring a Clean-Up Day in the City of Perris at which time a burned home will be refurbished on Saturday, June 23, 2001, at 7:00 A.M., Mayor Pro Tem Roberts noted that the Habitat for Humanity would welcome any offers of donation including property or houses. R:\Minutes\061201 2 B. Councilman Naggar commended the Arts Council on the recent Sidewalk Street Painting event in Old Town, noting that numerous positive comments were shared with him. C. Mayor Comerchero echoed Councilman Naggar's comments with regard to the Sidewalk Street Painting event in Old Town. In response to Ms. Bosinger's request for public attendance at the local California Public Utilities Commission hearings, Mr. Comerchero as well encouraged the public to attend these meetings. Mayor Comerchero informed the viewing audience that the appointment of two Planning Commissioners will be scheduled for the June 26, 2001, City Council meeting. CONSENT CALENDAR 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 Minutes RECOMMENDATION: 2.1 Approve the minutes of March 27, 2001; 2.2 Approve the minutes of April 10, 2001; 2.3 Approve the minutes of April 17, 2001. (Councilman Stone abstained with regard to Item No, 2.3.) Resolution approvin,q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 01-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of April 30, 2001 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of April 30, 2001. 3 4 R:~Vlinutes\061201 3 5 Approval of Election Resolutions RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 01.41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001 5.2 Adopt a resolution entitled: RESOLUTION NO. 0t-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES 6 Back-up Generator System for City Hall RECOMMENDATION: 6.1 Award a contract in the amount of $106,200 to Johnson Power Systems for the design, construction, and installation of a 250 kW back-up generator system for City Hall; 6.2 Authorize the City Manager to approve change orders not to exceed $10,620 which is equal to 10% of the contract amount; 6.3 Appropriate Capital Project Reserves in the amount of $116,820. 7 Consideration of the Temecula Fall Rod Run - Hot Rods and Harleys Cruisin.q for the Boy Scouts Sponsorship Request RECOMMENDATION: 7.1 Approve the sponsorship request for the Temecula Fall Rod Run - Hot Rods and Harleys Cruising for the Boy Scouts event. (Consent Calendar Item No. 7 was considered under separate discussion; see page 10.) R:\Minutes\061201 4 8 Implementation of Special Tax- Measure C RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 01-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2001-2002 TO FINANCE RECREATIONAL AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE, SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS, AND TRAFFIC SIGNALS 9 Resolution adoptinq FY 2001/2002 Solid Waste Rates RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 01-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 2001-2002 10 Cost-Sharinq A.qreement with County of Riverside for Date/Cherry Flyover Property Acquisition RECOMMENDATION: 10.1 Approve an agreement with Riverside County to share the costs of acquiring right- of-way for the Date/Cherry Flyover project. 11 Roripau.qh Specific Plan - Status Report RECOMMENDATION: 11.1 Receive and file. 12 Approval of Funds for Plan Review Services with Esqil Corporation RECOMMENDATION: 12.1 Approve an expenditure in an amount not to exceed $25,000.00 for Plan Check Services with Esgil Corporation. R:~Vlinutes\061201 5 13 Annual Adjustment of Development Impact Fees RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2001-02 TO BE EFFECTIVE AUGUST 13, 2001, PURSUANT TO CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE AND RESOLUTION NOS. 97-94 AND 98-30 (Consent Calendar Item No. '13 was considered under separate discussion; see pages 10-11.) 14 Approval of the Plans and Specifications and authorization to solicit bids for the Starlight Ridge Southern Cross Road Sidewalk Proiect - Proiect No. PW00-22 RECOMMENDATION: 14.1 Make a finding that the Starlight Ridge Southern Cross Road Sidewalk Project is categorically exempt from CEQA pursuant to Section 15301(c) of the CEQA guidelines; 14.2 Approve the plans and specifications and authorize the Department of Public Works to solicit public construction bids for the Starlight Ridge Southern Cross Road Sidewalk Project - Project No. PW00-22. (Councilman Naggar abstained with regard to this item.) 15 Parcel Map No. 29949 (located at the easterly terminus of Lolita Road - in an urbanized area of Los Ranchitos) RECOMMENDATION: 15.1 Approve Parcel Map No. 29949 in conformance with the conditions of approval; 15.2 Approve the Subdivision Monument Agreement; 15.3 Accept the Performance Bond for improvements as security for the Monument Agreement. 16 Parcel Map No. 30012 (located at the southeast corner of North General Kearny Road and Margarita Road) RECOMMENDATION: 16.1 Approve Parcel Map No. 30012 in conformance with the conditions of approval; R:\Minutes\061201 6 16.2 Approve the Subdivision Monument Agreement and accept the Monument Deposit as security for the agreement. (Councilman Stone abstained with regard to this item.) 17 Acceptance of a Declaration of Dedication of an Easement for Date Street Storm Drain RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 01-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A DECLARATION OF DEDICATION OF STORM DRAIN EASEMENT ON THE SOUTH SIDE DATE STREET AT A POINT 697 FEET EAST OF MARGARITA ROAD BUT NOT ACCEPTING THIS EASEMENT INTO THE CITY- MAINTAINED STREET SYSTEM AT THIS TIME 18 Acceptance of Grant of Easement for Date Street Right-of-Way RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 01-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR PUBLIC STREET AND ROADWAY PURPOSES ON THE SOUTH SIDE DATE STREET BETWEEN MARGARITA ROAD AND A POINT 697 FEET EAST OF MARGARITA ROAD BUT NOT ACCEPTING THIS EASEMENT INTO THE CITY- MAINTAINED STREET SYSTEM AT THIS TIME 19 Acceptance of Offer of Dedication - Road Purposes on Western Bypass Corridor and Front Street per Tentative Parcel Map No. 28627 Conditions of Approval RECOMMENDATION: 19.1 Adopt a resolution entitled: R:\Minutes\061201 7 RESOLUTION NO. 01-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD PURPOSES FOR WESTERN BYPASS CORRIDOR AND FRONT STREET AS REQUIRED BY THE CONDITIONS OF APPROVAL FOR PARCEL MAP NO. 28627, PA97-0307, BUT NOT ACCEPTING STREETS INTO THE CITY-MAINTAINED STREET SYSTEM AT THIS TIME (Councilman Stone abstained with regard to this item.) 20 Acceptance of an Easement Deed for a Meanderinq Sidewalk alonq North General Kearne¥ Road with portions within Parcel E of Lot Line Adjustment PA98-0054 (located at the southeast corner of North General Kearney Road and Marqarita Road) RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 01-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT DEED FOR A MEANDERING SIDEWALK ALONG NORTH GENERAL KEARNEY ROAD WITH PORTIONS WITHIN PARCEL E OF LOT LINE ADJUSTMENT PA98-0054 AS REQUIRED PER THE CONDITIONS OF APPROVAL FOR PLANNING APPLICATION NO. PA00-0417 (Councilman Stone abstained with regard to this item.) 21 Reimbursement Aqreements with MS Temecula II, LLC- Dendy Parkway Improvements and Diaz Road Traffic Siqnal Installation RECOMMENDATION: 21.1 Execute an Agreement between the City and MS Temecula II, LLC for Reimbursement of the Cost of Constructing Improvements within Dendy Parkway; 21.2 Adopt a resolution entitled: RESOLUTION NO. 01-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AGREEMENT FOR REIMBURSEMENT OF COSTS OF CONSTRUCTION FOR PUBLIC IMPROVEMENTS (DENDY PARKWAY) BETVVEEN THE CITY OF TEMECULA AND MS TEMECULA II, LLC (PA00-0355) R:\Minutes\061201 8 21.3 Execute an Agreement between the City and MS Temecula II, LLC for Reimbursement of the Cost of Installing a Traffic Signal at Winchester and Diaz Road; 21.4 Adopt a resolution entitled: RESOLUTION NO. 01-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED REIMBURSEMENT AGREEMENT FOR WINCHESTER ROAD/DIAZ ROAD TRAFFIC IMPROVEMENTS BETWEEN CITY OF TEMECULA AND MS TEMECULA II, LLC 22 Tract Map Nos. 24136, 24136-2, 24136-3, 24187 (located north of De Portola Road, west of Meadows Parkway, east of Mar,qarita Road, and south of Plo Pico, Montele.qro, and Leena Way and within Paloma Del Sol Specific Plan No. 219 - now in conformance with their oriqinal approvals RECOMMENDATION: 22.1 Approve Tract Map Nos. 24136, 24136-2, 24136-3, 24187 in conformance with the conditions of approval; 22.2 Approve the Subdivision Improvement Agreements; 22.3 Approve the Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds, and Monument Bonds as security for the agreements. 23 Second Reading of Ordinance No. 01-06 (Loud or unruly assemblies) RECOMMENDATION: 23.1 Adopt an ordinance entitled: ORDINANCE NO. 0t-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.18 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING LIABILITY TO PERSONS WHO ARE RESPONSIBLE FOR LOUD OR UNRULY ASSEMBLIES WHICH CAUSE DISTURBANCES OF THE PEACE AND PROVIDING FOR RECOVERY OF LAW ENFORCEMENT COSTS IN CONNECTION WITH SUCH ASSEMBLIES MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-6, 8-12, and 14- 23 (Item Nos. 7 and 13 were considered under separate discussion). The motion was seconded by Mayor Pro Tem Roberts and voice voted reflected approval with the exception of Councilman Pratt who was absent; Councilman Naggar who abstained with regard to Item No. 14; and Councilman Stone who abstained with regard to Item Nos. 2.3, 16, 19, and 20. R:\Minutes\061201 9 CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION Consideration of the Temecula Fall Rod Run - Hot Rods and Harleys Cruisinq for th~. Boy Scouts Sponsorship Request RECOMMENDATION: 7.1 Approve the sponsorship request for the Temecula Fall Rod Run - Hot Rods and Harleys Cruising for the Boy Scouts event. In response to Mayor Comerchero's request, City Attorney Thorson noted that language could be added to the Agreement, paragraph B, indicating that 80% of the Boy Scouts receiving funds must be City of Temecula residents. MOTION: Councilman Naggar moved to approve staff recommendation with the addition of language as noted by City Attorney Thorson. The motion was seconded by Councilman Stone and voice vote reflected approval with the exception of Councilman Pratt who was absent. 13 Annual Adjustment of Development Impact Fee,~ RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 0t- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2001-02 TO BE EFFECTIVE AUGUST t3, 2001, PURSUANT TO CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE AND RESOLUTION NOS. 97-94 AND 98-30 Finance Director Roberts presented the staff report (as per agenda material). Both Finance Director Roberts and City Clerk Jones noted that no written protest has been received with regard to this matter. Mr. David Rosenthal, 22325 Jefferson Avenue, representing the Southwest Riverside Manufacturing Council, requested that the approval of an increase be deferred for a period of time. In response to Mayor Comerchero, Finance Director Roberts advised that currently 48% of the cost is being subsidized and that with the proposed increase, 54% of the cost would be subsidized. Mr. Bill Dendy, 41975 Winchester Road, commented on the amount of industrial vacancies throughout the City as well as the need to construct more buildings in order to create more jobs. Mr. John Bragg, Jr., 4275 Executive Square, #805, representing Kearny Real Estate Company, requested as well that the consideration of this increase be deferred to a future time. In response to Councilman Naggar, Mayor Comerchero advised that the issue of lowering the Development Impact Fess has been reviewed by the Economic Development Committee. R:\Minutes\061201 10 While being in support of Development Impact Fees, Councilman Stone noted that in light of the power crisis and its associated costs, he would support deferring the matter for six months. In light of his fellow colleagues' concurrence with pulling the matter off calendar of the next six months, Councilman Stone offered the following motion: MOTION: Councilman Stone moved to pull this matter off calendar for the next six months. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Councilman Pratt who was absent. At 8:03 P.M., Mayor Comerchero called a recess and convened as the Community Services District, the Redevelopment Agency, and the Temecula Public Financing Authority, and reconvened the City Council meeting at 8:49 P.M. COUNCIL BUSINESS 24 Review and Adoption of the FY 2001-002 Annual OperatinR Budget RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. 01-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2001-02 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 24.2 Adopt a resolution entitled: RESOLUTION NO. 01-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS (Mayor Comerchero abstained with regard to Item No. 24.2.) 24.3 Adopt a resolution entitled: RESOLUTION NO. 01-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2001-02 By way of a PowerPoint presentation, City Manager Nelson reviewed the proposed budget. In response to Councilman Stone, City Manager Nelson and City Attorney Thorson advised that an existing Franchise Fee Agreement is in place with Southern California Edison; that this agreement was approved by the City Council at incorporation; and that the set percentage of fees charged was, as well, established and approved by the City Council. R:\Minutes\061201 11 In light of the impact of the higher utility fees to the residents, Councilman Stone suggested that staff explore the possibility of the City attaining a higher franchise fee which, in turn, then be rebated to the residents and that in the future with each electrical utility increase, the City should attain a proportional franchise fee increase which as well should be rebated to the residents. With regard to the proposed budget, Mr. Stone commended staff on this comprehensive document and noted that the submitted information is a summary and culmination of many workshops, meetings, etc. Expressing his delight with the City's current reserve fund, Mr. Stone suggested that this fund be capped at $10 million and that once attained, funds should be allocated toward an aggressive land banking operation especially along the periphery of the City. In closing, Councilman Stone commended the entire City Council on its leadership and efforts to achieve the financial success the City of Temecula has achieved. City Manager Nelson noted that staff would explore Councilman Stone's suggestion with regard to attaining a higher franchise fee. As well as commending staff on a job well done as it relates to the preparation of this budget, Councilman Naggar thanked the City Council and the Police Department for its support of the Citizen Action Patrol Program. MOTION: Councilman Stone moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tern Roberts and voice vote reflected unanimous approval with the exception of Councilman Pratt who was absent and Mayor Comerchero who abstained with regard to Item No. 24.2 25 Adoption of the FY 2002-06 Capital Improvement Proqram RECOMMENDATION: 25.1 Adopt a resolution entitled: RESOLUTION NO. 0t-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2002-06 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 200'1-02 By way of a PowerPoint presentation, City Manager Nelson reviewed the proposed budget (as per agenda material). City Clerk Jones commented on the letter submitted by Councilman Pratt, noting that copies were distributed to the City Councilmembers. In response to Councilman Naggar, Public Works Director Hughes advised that because it is a State right-of-way and, therefore, will require adherence to State procedures, no specific time schedule has been implemented for the proposed pedestrian overcrossing. Mr. Hughes noted that he would estimate that the City Council may be forwarded the matter within six months. Viewing it as a sense of urgency for the Rainbow Canyon and Vail Ranch residents, Councilman Stone requested that an interim fire station be constructed within 90 days of the Vail Ranch annexation (July 1, 2001), and encouraged continued discussion with Pechanga as it relates to a potential partnership with their fire station. R:'tMinutes\061201 12 Advising that the construction of a fire station is, as well, a staff priority, City Manager Nelson noted that staff has had productive meetings with Pechanga with regard to this matter. Mayor Pro Tem Roberts informed the City Council that the Library construction grant application has been received and that it must be completed by the end of this year. In the event this State grant were not approved, Mr. Roberts advised that he would be recommending that the construction of the library be designated as a Priority I in next year's budget to ensure proper funding and ultimate construction. To address Councilman Naggar's concern, Mayor Comerchero stated that as per discussion with SDG&E, the proposed and potentially preferred electrical transmission route (located near the proposed Wolf Creek Sports Park) would circumvent the actual sports park site. In closing, Mayor Comerchero commended staff on a job well done in the preparation of this budget document. MOTION: Councilman Stone moved to approve the staff recommendation. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Councilman Pratt who was absent. 26 Community Advisory Committee for the General Plan Update Process RECOMMENDATION: 26.1 Provide direction to staff concerning the structure, membership, and role of a Community Advisory Committee. Deputy City Manager Thornhill reviewed the staff report (of record) and briefly commented on the difference of opinions of the General Plan Subcommittee members (Mayor Comerchero and Councilman Naggar) as it relates to the representation on the Community Advisory Committee. Desirous of having the General Plan Subcommittee members on this Community Advisory Committee, Councilman Naggar clarified his goal to ensure that the City Council has an avenue to provide input and direction to the Community Advisory Committee. Desirous of not having a General Plan Subcommittee member serve on the Community Advisory Committee, Mayor Comerchero noted that the City Council will have ample opportunity to review the matter, noting that the General Plan review should be a citizen-driven process. Understanding the comments of both Mr. Comerchero and Mr. Naggar, Councilman Stone, echoed by Mayor Pro Tern Roberts, relayed his preference of appointing a non-City Council based Committee (one which reflects a cross section of this community). As long as the City Council would be given the opportunity, by way of workshops or additional meetings, to properly address this matter, Councilman Naggar relayed his concurrence with Mayor Comerchero's recommendation and, therefore, offered the following motion: MOTION: Councilman Naggar moved that the Community Advisory Committee appointments be apprised of the following: one Planning Commissioner, one Public/Traffic Safety Commissioner, one Community Services Commissioner, one representative from the Chamber of Commerce of the Economic Development Council (appointed by the Chamber or the EDC), one representative from a local environmental or community organization (appointed by the City Council), and five City residents (one appointed by each City Councilmember). The motion was R:\Minutes\061201 13 seconded by Mayor Pro Tern Roberts and voice vote reflected approval with the exception of Councilman Pratt who was absent. CITY MANAGER'S REPORT City Manager Nelson advised that the Murrieta Creek Low-Flow Crossing at Via Montezuma will be open Friday, June 15, 2001, noting that it is estimated that this overcrossing will divert approximately 4,000 to 5,000 trips per day from Winchester and Rancho California Roads. Mr. Nelson commended Public Works Director Hughes, Associate Engineer Harvey, and the Public Works Department on a job well done. In closing, City Manager Nelson thanked the City Council for its support with regard to the Annual Operating Budget and the Capital Improvement Program Budget and commended Finance Director Roberts, Assistant Finance Director McDermott, Senior Management Analyst Papagolos, Senior Accountant Brown, Management Assistant I Ruddell, Accounting Assistant Dickey, and Administrative Secretary Caravelli on a job well done as it relates to the preparation and completion of the comprehensive budget documents. CITY ATTORNEY'S REPORT With regard to Closed Session Item No. 1, City Attorney Thorson advised that the City Council, by unanimous vote, authorized the filing of an appeal in the case of the City of Temecula vs. County of Riverside (tax allocation case). With regard to the remaining Closed Session items, Mr. Thorson advised that there were no reportable actions under the Brown Act. ADJOURNMENT At 9:29 P.M., the City Council meeting was formally adjourned to Tuesday, June 26, 2001, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\061201 14 ITEM 3 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $1,383,446.62. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 10th day of July, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos2OO1/Resos 01- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 01- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 10th day of July, 2001 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos2OO1/Resos 01- 2 CITY OF TEMECULA LIST OF DEMANDS 06/21/01 TOTAL CHECK RUN: 06/28/01 TOTAL CHECK RUN: 07/10/01 TOTAL CHECK RUN: 06/21/01 TOTAL PAYROLL RUN: 06/28/01 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 07/10/01 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 00t 165 190 192 193 194 210 261 280 300 320 330 34O GENERAL FUND RDA-LOW/MOD INCOME HOUSING COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND RDA-REDEVELOPMENT INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES $ 464,093.13 26,955.57 98,076.46 4,954.36 37,856.80 1,877.18 37,882.66 166.50 331,162.52 19,674.76 53,471.36 19,810.99 13,285.56 $ 302,978.29 181,762.39 624,527.17 218,061.10 56,117.67 $ 1,383,446.6~2 $ 1,109,267.85 001 165 190 192 193 194 280 300 320 33O 340 GENERAL FUND RDA-LOW/MOD INCOME HOUSING COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL S TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D RDA-REDEVELOPMENT INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: iPRE~~NG SPECIALIST I G~~INANCE SRAWN"I~ELSON, CITY MANAGER ~ 194,380.45 5,803.55 48,911.91 t 09.89 3,488.53 733.57 2,562.16 1,191.52 8,819.34 2,200.63 5,977.22 274,178.77 $ 1,383,446.62 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THF FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 CITY OF TEMECULA PAGE 11 06/21/01 13:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSO SERVICE lEVEL O 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 261 CFD 88-12 ADMIN EXPENSE FUND 280 REDEVELOPMENT AGENCY ~ CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 163,384.34 6,976,04 45,452.52 40.41 3,157.79 615.38 5,727.97 166.50 15,928.39 19,632.20 25,560.63 8,550.14 7,785.98 TOTAL 302,978.29V/ VOUCHRE2 CITY OF TBMECULA PAGE 1 06/21/01 13:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCBER/ CHECK CHECK VENDOR NUMBER DATE HUMBER 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 5010 06/21/01 000246 VENDOR NAME PERS EMPLOYEES~ RETIRE PERS EMPLOYEESv RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEESv RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERB EMPLOYEES' RETIRE PERS EMPLOYEEB~ RETIRE PRES EMPLOYEES~ RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS ENPLOYEES' RETIRE PERS EMPLOYEESv RETIRE PRES ~MPLOYEES~ RETIRE PERS ~MPLOYEES' RETIRE 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 INBTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604360 06/21/01 000283 IHSTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 [NSTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 IHSTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 [NSTATAX (IRS) 604368 06/21/01 000283 INBTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 INSTATAX (IRS) 604368 06/21/01 000283 INBTATAX (IRS) 604398 06/21/01 000444 INSTATAX (EDD) 604398 06/21/01 000444 INSTATAX (EDD) 604398 06/21/01 000444 INSTATAX (ROD) ITEM DESCRIPTION 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PRES RET 000246 PRES RET 000246 PERS RET 000246 PERB RET 000246 PRES RET 000246 PERS-PRE 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000444 SDI 000444 SDI 000444 SDI ACCOUNT NUMBER 001-2390 165-2390 190-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2130 320-2390 330-2390 340-2390 001-2130 001-2390 165-2390 190-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-2070 165-2070 190-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 ITEM AMOUNT 25,733.55 651.49 4,887.42 11.61 415.42 101.44 282.59 131.68 26.51 1,083.44 213.36 589.34 182.91 86,73 1.87 19.06 .05 1.82 .36 .46 3.72 1,39 2.66 24,345.75 410.20 5,456.55 16.59 348.39 131.37 145.83 78.30 1,214.92 288.18 535.26 5,875.64 146.50 1,507.88 2.62 103.68 22.28 63.06 30.03 297.54 77.66 150.52 109.63 4.28 138.02 CHECK AMOUNT 34,429.80 41,248.75 VOUCHRE2 CITY OF TEMECULA PAGE 2 06/21/01 13:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER CHECK VENDOR VENDOR DATE NUMBER NAME ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT 604398 06/21/01 000444 INSTATAX (EOD) 000444 SOl 195-2070 2.80 604398 06/21/01 000444 INSTATAX (EDD) 000444 SDI 280-2070 .95 604398 06/21/01 000444 INSTATAX (EDD) 000444 SDI 320-2070 12.90 604398 06/21/01 000444 INSTATAX (EDD) 000444 SDI 330-2070 8.17 604398 06/21/01 000444 INBTATAX (EDD) 000444 SD! 340-2070 4.24 604598 06/21/01 000444 INSTATAX (EDD) 000444 STATE 001-2070 6,523.54 604398 06/21/01 000444 INSTATAX (EDD) 000444 STATE 165-2070 114.18 604398 06/21/01 000444 INSTATAX (EDD) 000444 STATE 190-2070 1,178.30 604398 06/21/01 000444 INSTATAX (EDD) 000444 STATE 192-2070 1.94 604398 06/21/01 000444 INSTATAX (EDD) 000444 STATE 193-2070 59.75 604398 06/21/01 000444 INSTATAX (EDD) 000444 STATE 194-2070 30.48 604398 06/21/01 000444 INBTATAX (EDD) 000444 STATE 280-2070 45.99 604398 06/21/01 000444 INSTATAX (EDD) 000444 STATE 300-2070 16.41 604398 06/21/01 000444 INSTATAX (EDD) 000444 STATE 320-2070 268.29 604398 06/21/01 000444 INSTA[AX (EOD) 000444 STATE 330-2070 69.10 604398 06/21/01 000444 INSTATAX (EDD) 000444 STATE 340-2070 115.78 69820 69821 69822 69823 69824 69824 69824 69824 69825 69826 69826 69827 69828 69829 69829 69829 69830 69831 69851 69831 69831 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 0b/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 000440 AGLOW PHOTOGRAPHY 000106 ALFAX WHOLESALE FURNITU 004422 AMERICAN BATTERY CORPOR 004022 AMERICAN MINI STORAGEv 000101 APPLE ONE, INC. 000101 APPLE ONE, INC. 000101 APPLE ONE, INC. 000101 APPLE OBEy INC. 004546 AUNT KIZZYZ BOYZ 002848 BADGER, THE 002848 BADGER, THE 004206 BANUELOS, TERESA 002541 BECKER CONSTRUCTION SRV 004523 BREMER, CARL W. 004523 BREMER, CARL W. 004523 BREMER, CARL W. 003582 BROWN JR., WILLIAM E. 004462 C D W GOVERNMENT INC 004462 C D W GOVERNMENT INC 004462 C D W GOVERNMENT INC 004462 C D W GOVERNMENT IBC 001054 CALIF BUILDING OFFICIAL 69832 COUNCILMEMBER PHOTOS:8 WALLETS 001-100-999-5250 RE-ISSUE CK:JULY 4TH SUPPLIES 190-180-999-5301 VEHICLE BATTERY:POLICE DEPT 001-170-999-5214 Blll STORAGE UNIT:INFO SYS 320-199-999-5238 TEMP HELP W/E 05/26 WYTRYKUS TEMP HELP W/E 06/02 WYTRYKUS TEMP HELP W/E 06/02 DICLEMENTE TEMP HELP W/E 06/02 CRAMER 001-162-999-5118 001-162-999-5118 190-180-999-5118 190-186-999-5118 ENTERTAINMENT:STREET FESTIVAL 280-199-999-5362 5000 STAR JR OFFICER BADGES SALES TAX 001-170-999-5292 001-170-999-5292 TCSD INSTRUCTOR EARNINGS 190-183-999-5330 WINCHESTER ROCK MEDIAN REPAIRS 001-164-601-5402 FAC IMPR PRGM:OLD TWN PLAZA 280-199-813-5804 FAC IMPR PRGM:OLD TWN PLAZA 280-199-813-5804 CREDIT:BAL TO BE PAID BY OWNER 280-199-813-5804 MILEAGE REIMB-PW SIGNAL TECH 001-164-602-5262 HP OFFICEJET PRINTER/FAX/COPIE 320-199-999-5242 HP LASERJET PRINTER 320-199-999-5242 FREIGRT 320-199-999-5242 SALES TAX 328-199-999-5242 MEMBERSHIP: ANTHONY ELMO 001-162-999-5226 81.70 343.18 147.43 124.00 572.00 436.15 416.00 391.30 400.00 160.00 7.70 170.00 2,280.00 9,340.00 65.00 2,990.00- 32.77 740.00 689.00 54.39 107.74 215.00 8,704.75 81.70 343.18 147.43 124.00 1,815.45 400.00 167.70 170.00 2,280.00 6,415.00 32.77 1,591.13 215.00 VOUCNRE2 CITY OF TEMECULA 06/21/01 13:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 69833 06/21/01 000152 CALIF PARKS & RECREATIO MEMBERSRIP:KEVIN HARRINGTON 190-180-999-5226 125.00 125.00 69834 06/21/01 001062 CALIF, STATE OF CONFIRMATION OF TAXES REMITTED 001-140-999-5250 100.00 100.00 69835 06/21/01 004566 CALIF,~ STATE OF-DEPT 0 MANIFEST FEE:PW MAINT DIVISION 001-164-601-5250 7.50 7.50 69836 06/21/01 002534 CATERERS CAFE REFRESHMENTS:C.M.BUSINESS MTG 001-110-999-5260 41.14 41.14 69837 06/21/01 004545 CC SALESCO COMM QUICK SHADE:PARAMEDIC USE 001-171-999-5311 335,20 335.20 69838 06/21/01 000137 CHEVRON U S A INC 69838 06/21/01 000137 CHEVRON U S A INC FUEL EXPENSE FOR CITY VEHICLES 001-1990 FUEL EXPENSE FOR CITY VEHICLES 001-170-999-5262 32.42 69.64 102.06 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69859 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 05/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 005021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 69839 06/21/01 003021 CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL C1NGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL C[NGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS ~ELL CINGULAR WIRELESS CELL CINGULAR WIRELESS =ELL CIHGULAR WIRELESS :ELL CINGULAR WIRELESS CELL CINGULAR WIRELESS CELL CINGULAR WIRELESS CELL CINGULAR WIRELESS :ELL CINGULAR WIRELESS ~ELL CINGULAR WIRELESS CELL CINGULAR WIRELESS CELL CINGULAR WIRELESS CELL CINGULAR WIRELESS CELL CINGULAR WIRELESS CELL ClNGULAR WIRELESS CELL 5/09-6/08/01 CELLULAR PRONE SV 001-120-999-5208 5/09-6/08/01 CELLULAR PHONE SV 001-140-999-5208 5/09-6/08/01 CELLULAR PHONE SV 001-161-999-5208 5/09-6/08/01 CELLULAR PHONE SV 001-162-999-5208 5/09-6/08/01 CELLULAR PRONE SV 190-180-999-5208 5/09-6/08/01 CELLULAR PRONE SV 280-199-999-5208 5/09-6/08/01 CELLULAR PHONE SV 320-199-999-5208 5/09-6/08/01 CELLULAR PHONE SV 001~163-999-5208 5/09-6/08/01 CELLULAR PHONE SV 001-164-601-5208 5/09-6/08/01 CELLULAR PHONE SV 001-1990 5/09-6/08/01 CELLULAR PHONE SV 001-164-602-5208 5/09-6/08/01 CELLULAR PHONE SV 001-1990 5/09-6/08/01 CELLULAR PHONE SV 001-164-604-5208 5/09-6/08/01 CELLULAR PHONE SV 001-165-999-5208 5/09-6/08/01 CELLULAR PHONE SV 001-100-999-5208 5/09~6/08/01 CELLULAR PHONE SV 001-110-999-5208 5/09-6/08/01 CELLULAR PHONE SV 001-1990 5/09-6/08/01 CELLULAR PHONE SV 001-150-999-5208 5/09-6/08/01 CELLULAR PHONE SV 320-1990 CREDIT:BILLING ERROR CREDIT:BILLING ERROR CREDIT:BILLING ERROR CREDIT:BILLING ERROR CREDIT:BILLING ERROR CREDIT:BILLING ERROR CREDIT:BILLING ERROR CREDIT:BILLING ERROR CREDIT:BILLING ERROR CREDIT:BILLING ERROR CREDIT:BILLING ERROR CREDIT:BILLING ERROR CREOIT:BILLING ERROR CREDIT:BILLING ERROR CREDIT:BILLING ERROR 001-120-999-5208 001-140-999-5208 001-161-999-5208 001-162-999-5208 190-180-999-5208 280-199-999-5208 320-199-999-5208 001-163-999-5208 001-164-601-5208 001-164-602-5208 001-164-604-5208 001-165-999-5208 001-100-999-5208 001-110-999-5208 001-150-999-5208 122.59 60.09 530.92 730.97 785.28 66.51 21.56 265.37 103.43 201.32 167.73 5.76 59.29 525.65 379.58 208.64 87.25 104.09 232.55 10.78- 5.39- 37.72 - 64.67- 64.67- 5.39- 21.56- 16.17- 21.56- 10,78- 5.39- 21.56- 21.56- 16.17- 5.37- 4,329.84 69841 06/21/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 001-2120 125.50 69841 06/21/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 190-2120 5.60 69841 06/21/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 193-2120 .60 VOUCHRE2 CITY OF TEMECULA 06/21/01 13:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 4 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 69841 06/21/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 194-2120 .20 69841 06/21/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 330-2120 5.50 69841 06/21/01 004405 COMMUNITY NEALTN CNARIT 004405 CNC 340-2120 .60 136.00 69842 06/21/01 001193 COMP U S A INC HP SCANJET 320-199-999-5242 69842 06/21/01 001193 COMP U S A INC SALES TAX 320-199-999-5242 69842 06/21/01 001193 COMP U S A INC LOGI WHEEL MOUSE 320-199-999-5242 69842 06/21/01 001193 COMP U S A INC FREIGHT 320-199-999-5242 69842 06/21/01 001193 COMP U S A INC SALES TAX 320-199-999-5242 69843 06/21/01 002571 COHCHOLA, BARBARA ENTERTAINMENT:HIGH HOPES 190-181-999-5301 69843 06/21/01 002571 COMCROLA, BARRARA ENTERTAINMENT:SUMMER SOLSTICE 190-184-999-5301 489.99 36.74 719.76 17.52 53.99 100.00 250.00 1,318.00 350.00 69844 06/21/01 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 06/01 RUSH 69845 06/21/01 000523 EASTERN MUNICIPAL WATER 39656 DIEGO DR LSCP 001-161-999-5118 193-180-999-5240 1,739.35 138.80 1,739.35 138.80 69846 06/21/01 000395 ECONOMIC DEVELOPMENT CO QTLY LUNCHEON APR 26:A.ADAMS 001-111-999-5260 69846 06/21/01 000395 ECONOMIC DEVELOPMENT CO QTLY LUNCHEON APR 26:J.O'GRADY 001-111-999-5260 25.00 25.00 50.00 69847 06/21/01 004130 ELSINORE ELECTRICAL SUP CRC STAGE LAMPS 69847 06/21/01 004130 ELSINORE ELECTRICAL SUP SALES TAX 190-182-999-5212 190-182-999-5212 181.60 13.62 195.22 69848 06/21/01 002060 EUROPEAN DELI & CATERIN 69848 06/21/01 002060 EUROPEAN DELI & CATERIN 69848 06/21/01 002060 EUROPEAN DELI & CATERIN REFRESHMENTS:COUNCIL MTG REFRESHMENTS:HARVESTOM MTG REFRESHMENTS:COUNCIL MTG 001-100-999-5260 001-161-999-5260 001-100-999-5260 227.90 169.80 144.53 542.23 69849 06/21/01 003959 EVERETT & EVERETT PAINT RES IMPR PRGM:ANAYA,REYNALDO 165-199-813-5804 69850 06/21/01 003623 EXCEL HARDWARE HARDWARE SUPPLIES:PW MNTC 001-164-601-5218 1,475.00 7.14 1,475.00 7.14 69851 06/21/01 002797 EXPERTEES 69851 06/21/01 002797 EXPERTEES 69851 06/21/01 002797 EXPERTEES 69851 06/21/01 002797 EXPERTEES 69851 06/21/01 002797 EXPERTEES 69851 06/21/01 002797 EXPERTEES 69852 06/21/01 003053 FAGAN, MATTHEW 150 S/M/L E.DEVEL POLO SHIRTS 001-111-999-5270 7 POLO SHIRTS:CODE ENFORCEMENT 001-161-999-5243 COMPUTER TAPE SET-UP 001-111-999-5270 COMPUTER TAPE REVISION:COOE E. 001-161-999-5243 SHIPPING AND HANDLING 001-111-999-5270 SALES TAX 001-111-~99-5270 ENTERTAINMENT:STREET FESTIVAL 280-199-999-5362 3,181.50 148.47 25.00 50.00 63.21 260.11 150.00 3,728.29 150.00 69853 06/21/01 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-111-999-5230 69853 06/21/01 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-110-999-5230 69853 06/21/01 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-164-604-5230 69853 06/21/01 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-165-999-5230 69853 06/21/01 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-162-999-5230 69853 06/21/01 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-150-999-5230 69853 06/21/01 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-1990 14.82 12.92 34.92 11.00 74.34 12.92 62.74 223.66 69854 06/21/01 004310 FEDEX GROUND INC GROUND EXPRESS PACKAGE SERVICE 280-199-999-5230 69855 06/21/01 000166 FIRST AMERICAN TITLE CO LITIGATION:RANCHO CA WIDENING 210-165-611-5802 12.48 400.00 12.48 VOUCHRE2 06/21/01 13:29 VOUCHER/ CHECK CHECK NUMBER DATE 69855 06/21/01 69856 06/21/01 69856 06/21/01 69856 06/21/01 69856 06/21/01 69856 06/21/01 69856 06/21/01 69857 06/21/01 69858 06/21/01 69859 06/21/01 69859 06/21/01 69859 06/21/01 69860 06/21/01 69861 06/21/01 69862 06/21/01 69863 06/21/01 69864 06/21/01 69864 06/21/01 69864 06/21/01 69864 06/21/01 69864 06/21/01 69864 06/21/01 69864 06/21/01 69865 06/21/01 69866 06/21/01 69866 06/21/01 69867 06/21/01 69867 06/21/01 69868 06/21/01 69868 06/21/01 69869 06/21/01 69870 00/21/01 69871 06/21/01 69872 06/21/01 VENDOR VENDOR NUMBER NAME 000166 FIRST AMERICAN TITLE CO 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARO CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST 8AHKCARD CENTER 002982 FRANCHISE TAX BOARD - W 000170 FRANKLIN QUEST COMPANY 004178 FREEDOM SIGNS 004178 FREEDOM SIGNS 004178 FREEDOM SIGNS GODOY, JUDY 003820 GREYBAR PRINTING SERVIC HSD CONSTRUCTION INC. 000963 HOGAN, DAVID 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUB 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUS 001517 INTEGRATED INSIGHTS DBA 002140 JAGUAR COMPUTER SYSTEMS 002140 JAGUAR COMPUTER SYSTEMS 003046 K F R 0 G 95.1 FM RADIO 003046 K F R 0 G 95.1FM RADIO 000820 K R W & ASSOCIATES 000820 K R W & ASSOCIATES 001091 KEYSER MARSTON ASSOCIAT 000206 KINKOS INC 003631 KLEINFELDER INC 004051 L 0 R GEOTECHNICAL GROU CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION LOT BOOK REPT; VANCE XX-3083 NAGGAR:MTG IN TOWN XX-0902 O~GRADY:SW AIR/PRF MTG XX-0902 O'GRADY:SW AIR/PRF MTG XX-5288 JONES:EARTHLINK/MTGS XX-5288 JONES:EARTHLINK/MTGS XX-4117 HUGHES:NATaL PW POSTER 002982 ST DED DAY TIMER SUPPLIES:PLANNING FAC IMPR PRG:ALLSTATE INSURANC FAC IMPR PROM:RANCHO TEM REALT FAC IMPR PROM: EUROPEAN CAFE REFUND:AQUATICS-LIFEGUARD TRN PATIENT CARE FORMS:PARAMEDICS REFUHD:OVRPT 800-3069/B00-3070 REIMB:UCLA EXTENSION:JUN 1 &14 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 OEF COMP EMPLOYEE ASSISTANCE PROM:JUNE NORTON CORP ANTIVIRUS MNTC SALES TAX BROADCASTING:STREET FESTIVAL BROADCASTING:STREET FESTIVAL CONSULTANT SVCS:PLAN CHECK WORKERS~ COMP PREMIUM FINANCIAL ANALY$1S:PUJOL ST FLYERS:STREET PAINTING EVENT MAY GEOTECH SVC:R.C.SPORTS PRK MAY GEOTEEH SVC:IST ST 8RDG ACCOUNT NUMBER 165-199-999-5250 001-100-999-5260 001-110-999-5258 001-110-999-5260 001-120-999-5261 320-199-999-5211 001-164-604-5228 190-2140 001-161-999-5220 280-199-813-5804 280-199-813-5804 280-199-813-5804 190-183-4982 001-171-999-5311 001-2660 001-161-999-5261 001-2080 165-2080 190-2080 193-2080 194-2080 280-2080 300-2080 001-150-999-5248 320-199-999-5211 320-199-999-5211 280-199-999-5362 280-199-999-5362 001-163-999-5248 001-1182 165-199-999-5280 280-199-999-5362 210-190-178-5804 280-199-807-5804 ITEM AMOUNT 150.00 6.93 191.50 31.29 56.99 716.17 48,00 132.52 99.42 1,067.50 1,117.50 2,210.00 55.00 618.13 83.80 185.10 2,289.72 445.85 458.59 40.00 16.50 148.62 49.99 502.20 2,375.00 178.13 575.00 52.50 3,725.00 19.74- 487.50 139.75 1~253.50 1~185.00 PAGE 5 CHECK AJ4OUNT 550.00 1,050.88 132.52 99.42 4,395.00 55.00 618.13 83.80 185.10 3,449.27 502.20 2~553.13 627.50 3,705.26 487.50 139.75 1,253.50 1,185.00 VOUCHRE2 06/21/01 13:29 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 6 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 69873 06/21/01 000945 L P S COMPUTER SERVICE 6987'3 06/21/01 000945 L P S COMPUTER SERVICE HP PRINTER SUPPLIES HP PRINTER SUPPLIES 320-199-999-5221 320-199-999-5221 69874 06/21/01 003726 LIFE ASSIST INC EMERG MEDICAL SUPPLIES:FIRE 001-171-999-5311 724.84 3,825.20 106.75 4,550.04 106.75 69875 06/21/01 004371 LOGIC SUPPLY SOLUTIONS MAXWELL DLT4 TAPE CARTRIDGE 320-199-999-5221 69875 06/21/01 004371 LOGIC SUPPLY SOLUTIONS SALES TAX 320-199-999-5221 69876 06/21/01 004087 LOWE'S VARIOUS SUPPLIES:TCSD MNTC 190-180-999-5212 69876 06/21/01 004087 LOWE'S VARIOUS SUPPLIES:CITY HALL 340-199-701-5212 69876 06/21/01 004087 LOWE~S VARIOUS SUPPLIES:TGSD MNTC 190-180-999-5212 69876 06/21/01 004087 LOWE'S VARIOUS SUPPLIES: CITY HALL 340-199-701-5212 1,340.22 107.22 10.33 42.99 111.76 31.99 1,447.44 197.07 69877 06/21/01 004087 LOWE'S RES IMPR PRGM:GLAISTER,M & p 165-199-813-5804 69878 06/21/01 004564 MACRO PRO INC LEOAL DOCUMENT RETRIEVAL SVC 300-199-999-5246 1,121.24 139.34 1,121.24 139.34 69879 06/21/01 004141 MAINTEX INC PARTS/FLOOR POLISHER MACHINE 340-199-701-5610 69879 06/21/01 004141 PLAINTEX INC SALES TAX 340-199-701-5610 69879 06/21/01 004141 MAINTEX IHC CITY HALL CUSTOOIAL SUPPLIES 340-199-701-5212 69879 06/21/01 004141 MAINTEX INC TCC CUSTODIAL SUPPLIES 190-184-999-5212 69879 06/21/01 004141 MAINTEX INC MAINT FAC CUSTOOIAL SUPPLIES 340-199-702-5212 69879 06/21/01 004141 MAINTEX INC TV MUSEUM CUSTOOIAL SUPPLIES 190-185-999-5212 45.13 3.38 2~5.97 80.31 115.35 57.67 577.81 69880 06/21/01 004068 MANALILI, AILEEN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 196.00 196.00 69881 06/21/01 002664 MAR CO INDUSTRIES INC MISG PARTS FOR CLARK FLR MACH. 190-182-999-5212 35.60 35.60 69882 06/21/01 003669 MARC FAULKENBURY PAINTI RES IMPRV PRGM: R. BEARD 165-199-813-5804 69883 06/21/01 001384 MINUTEMAN PRESS BUSINESS CARDS:S.BESWICX 001-165-999-5222 69883 06/21/01 001384 MINUTEMAN PRESS BUSINESS CARDS:W.HUGHES 001-16/*-604-5222 69883 06/21/01 001384 MINUTEMAN PRESS SALES TAX 001-165-999-5222 69883 06/21/01 001384 MINUTEMAN PRESS SALES TAX 001-164-604-5222 69883 06/21/01 001384 MINUTEMAN PRESS BUSINESS CARDS:G.WOLNICK 001-111-999-5222 69883 06/21/01 001384 MINUTEMAN PRESS SALES TAX 001-111-999-5222 1,520.00 38.25 102.50 2.87 7.69 38.25 2.87 1,520.00 192.43 69884 06/21/01 004162 MONSTER.COM RECRUITMENT AD:PW INSPECTOR 001-165-999-5254 295.00 295.00 69885 06/21/01 000883 MONTELEONE EXCAVATING 69885 06/21/01 000883 MONTELEONE EXCAVATING 69886 06/21/01 004533 MYRICK FENCE COMPANY 69886 06/21/01 004533 MYRICK FENCE COMPANY 69887 06/21/01 002139 NORTH COUNTY TIMES- ATT REMOVE SILT/DEBRIB:PAUBA/MARG 001'164-601-5401 STREET WASHING:STREET FESTIVAL 001'164'601-5402 MNTC FAC OUTSIDE STORAGE COVER 340-199-702-5219 CRC DESILTING POND GATE 210-190-171-5804 RECRUITMENT AD:PW INSPECTOR 001-150-999-5254 4,500.00 508.00 4,800.00 852.00 82.50 5,008.00 5,652.00 82.50 69888 06/21/01 002292 OASIS VENDING CITY HALL SUPPLIES/SERVICE 340-199-701-5250 69888 06/21/01 002292 OASIS VENDING MAINT FAC SUPPLIES/SERVICE 340-199-702-5250 471.74 204.67 676.41 69889 06/21/01 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 340-199-701-5214 19.15 VOUGHRE2 06/21/01 13:29 CITY OF TEMECULA VOUCRER/CRECN REGISTER FOR ALL PERIODS PAGE 7 VOUCNER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 69889 06/21/01 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 69889 06/21/01 002105 OLD TOWN TIRE & SERVICE CITY VENICLE REPAIRS & )tAINT 001-165-999-5214 69889 06/21/01 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-163-999-5214 69889 06/21/01 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-604-5214 69889 06/21/01 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 600.88 39.65 27.65 54.15 27.00 768.48 69890 06/21/01 001619 ORANGE COUNTY REGISTER RECRUITMENT AD:PW INSPECTOR 001-150-999-5254 283.60 283.60 69891 06/21/01 001171 ORIENTAL TRADING COMPAN SUPPLIES FOR SUMMER DAY CAMP 190-183-999-5340 420.20 420.20 69892 06/21/01 003955 PANE CONSULTING SERVICE 4TH OF JULY EVENT CODLIES 190-183-999-5370 69892 06/21/01 003955 PANE CONSULTING SERVICE FREIGNT 190-183-999-5370 69892 06/21/01 003955 PANE CONSULTING SERVICE SALES TAX 190-183-999-5370 525.30 20.00 40.72 586.02 69893 06/21/01 004074 PARTY CITY OF TEHECULA SUPPLIES FOR 4TN OF JULY 190-183-999-5370 96.85 96.85 69894 06/21/01 004538 PAULEY EQUIPMENT COMPAN VAR.SITES REPAIR/SVC - TRACTOR 190-180-999-5214 128.95 128.95 69895 06/21/01 003218 PELA LDSCP PLN CK SVCS:RCSP CULVERT 210-190-178-5802 69895 06/21/01 003218 PELA MAY/JUN LDSC PLN CK SVC:RCSP 210-190-178-5804 69895 06/21/01 003218 PELA DLAY LDSC PLN CN SVCS:MARG RD 001-165-999-5248 69896 06/21/01 001880 PELI GUARD PRODUCTS SHIPPING CHARGES - INV# 35699 190-186-999-5243 236.50 946.00 236.50 8.00 1,419.00 8.00 69897 06/21/01 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 83.99 83.99 69898 06/21/01 002861 PETSMART POLICE K-9 FOOD & SUPPLIES 001-170-999-5327 206.30 206.30 69899 06/21/01 000254 PRESS ENTERPRISE COMPAN 69899 06/21/01 000254 PRESS ENTERPRISE COMPAN 69899 06/21/01 000254 PRESS ENTERPRISE COMPAN 69899 06/21/01 000254 PRESS ENTERPRISE COMPAN 69899 06/21/01 000254 PRESS ENTERPRISE COMPAN 69899 06/21/01 000254 PRESS ENTERPRISE COMPAN 69899 06/21/01 000254 PRESS ENTERPRISE COHPAN 69899 06/21/01 000254 PRESS ENTERPRISE COMPAN 69900 06/21/01 003155 PRICE CHOPPER INC ADVERTISING FOR DIXIELAND JAZZ 280-199-999-5362 ADVERTISING - STREET PAINTINO 280-199-999-5362 ADS FOR COMMISSION VACANCIES 001-120-999-5254 ADS FOR COMMISSION VACANOIES 001-120-999-5254 ADS FOR VAR.CIP CONSTR UPDATES 001-165-999-5256 MAY VAR.PUBLIC NTCS:PLANNING 001-161-999-5256 MAY VAR.PUBLIC NTCS:CITY CLERK 001-120-999-5256 RENEW ANNUAL SUBSCR:FINANCE 001-140-999-5228 WRISTBANDS FOR AQUATICS PRGM 190-186-999-5301 680.00 680.00 74.00 151.00 1,026.00 8.25 23.50 143.00 384.00 2,785.75 384.00 69901 06/21/01 004029 R J M DESIGN GROUP INC 69902 06/21/01 000262 RANCNO CALIF WATER DIST 69902 06/21/01 000262 RANCHO CALIF WATER DIST 69903 06/21/01 000947 RANCHO REPROGRAPHICS 69903 06/21/01 000947 RANCHO REPROGRAPHICS MAR/APR DSGN SVC:AQUATIC FAC VARIOUS WATER METERS VARIOUS WATER METERS DUPL BLUEPRINTS:SR CTR EXPAN DUPL BLUEPRINTS:AQUATICS FAC 210-190-170-5802 190-180-999-5240 193-180-999-5240 210-190~163-5802 210-190-170-5804 1,552.50 6,214.12 1,838.85 67.54 60.43 1,552.50 8,052.97 127.97 69904 06/21/01 002412 RICHARDS WATSON & GERSH 69904 06/21/01 002412 RICHARDS WATSON & GERSH 69904 06/21/01 002412 RICHARDS WATSON & GERSH 69904 06/21/01 002412 RICHARDS WATSON & GERSH APR 2001 LEGAL SERVICES APR 2001 LEGAL SERVICES APR 2001 LEGAL SERVICES APR 2001 LEGAL SERVICES 001-130-999-5246 190-180-999-5246 300-199-999-5246 280-199-999-5246 36,843.65 2,069.50 19,097.44 363.00 VOUCHRE2 CITY OF TEMECULA PAGE 8 06/21/01 13:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHEC[ NUMBER 69904 69904 69904 69904 69905 69906 69906 69907 69907 69908 69909 69910 69911 69912 69912 69912 69913 69914 69914 69915 69916 69916 69916 69916 69916 69916 69916 69917 69917 69917 69917 69917 69917 69918 69919 CHECK DATE 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 VENDOR NUMBER 002412 002412 002412 002412 002940 000955 000955 004560 004560 000277 000278 VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER RICHARDS WATSON & GERSH RICHARDS WATSON & GERSH RICHARDS WATSON & GERSN RICHARDS WATSON & GERSN RIVERSIDE CO OF (GIB SY RIVERSIDE CO SHERIFF RIVERSIDE CO SHERIFF ROSS INDUSTRIES ROSS INDUSTRIES S & $ ARTS & CRAFTS INC SAN DIEGO UNION TRIBUNE SANTEE, CITY OF SCREEN DOCTOR, THE 003801 SELF'S JANITORIAL SERVI 003801 SELF'S JANITORIAL SERVI 005801 SELF'S JANITORIAL SERVl 000385 SHELDON EXTINGUISHER CO 000645 SMART & FINAL INC 000645 SMART & FINAL INC 003477 SMITH, BARBARA 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000557 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 001212 SO CALIF GAS COMPANY 001212 SO CALIF GAS COMPANY 001212 SO CALIF GAS COMPANY 001212 SO CALIF GAS COMPANY 001212 SO CALIF GAS COMPANY 001212 SO CALIF GAS COMPANY 004163 SPORTS CHALET 000293 STPJ)IUM PIZZA APR 2001 LEGAL SERVICES APR 2001 LEGAL SERVICES APR 2001 LEGAL SERVICES APR 2001 LEGAL SERVICES 261-199-999-5246 001-2642 001-2600 210-165-631-5801 NOV/DEC GIS CONSULTING SVCS 001-161-610-5248 DUI DETENTION SVCS:05/05/01 001-170-999-5370 TEM.RODEO PATROL BVCB:5/26-27 001-170-999-5370 PUBL.EDUCATION MATERIALS:FIRE 001-171-999-5296 PUBL.EDUCATION MATERIALS:FIRE 001-171-999-5296 SUPPLIES FOR SUMMER DAY CAMP 190-185-999-5340 RECRUITMENT AD:PW INSPECTOR 001-150-999-5254 ASPHALT PAVEMENT MGMT:6/28:SB 001-165-999-5261 RES IMPRV PRGM: B. JACOBS 165-199-813-5804 JUN CUSTODIAL SVCS:VARIOUS PRK JUN CUSTODIAL SVCS:TES/AQUATIC JUN CUSTODIAL SVCS:O.T.6TH ST 190-180-999-5250 190-186-999-5212 001-164-603-5250 FIRE EXTINGUISHERS/CRC 190-182-999-5212 SUPPLIES FOR SUMMER DAY CAMP SUPPLIES FOR EMP RECOGNITION 190-183-999-5340 001-150-999-5265 REIMB:EXTREME RECYCLING PRGM 194-180-999-5265 JUN 2-22-331-0400 GEN.KEARNY JUN 2-22-575-0934 GEN.KEARNY JUN 2-22~496-3462 GEN.XEARNY MAY 2-00-397-5059 VARIOUS MTRS JUN 2-07-626-6063 R.V.SPRINGS MAY 2-20-140-9299 VARIOUS MTRS MAY 2-19-999-9442 VARIOUS MTRS 190-180-999-5319 190-180-999-5240 190-180-999-5319 190-180-999-5240 193-180-999-5240 190-180-999-5319 190-180-999-5319 05/09-06/07/01 VARIOUS METERS 05/09-06/07/01 VARIOUS METERS 05/09-06/07/01 VARIOUS METERS 05/09-06/07/01 VARIOUS METERS 05/09-06/07/01 VARIOUS METERS 05/09-06/07/01 VARIOUS METERS 190-181-999-5240 190-182-999-5240 190-1~-999-5240 190-1~-999-5240 190-185-999-5240 340-199-702-5240 P.O. BICYCLE REPAIR & MAINT SV 001-170-999-5215 REFRESHMENTS:PARADE MTG:6/13 190-180-999-5260 ITEM AMOUNT 166.50 8,540.00 364.00 359.50 1,020.00 714.00 1,155.27 2,991.30 572.56 863.96 316.07 40.00 104.40 3,440.00 210.00 210.00 111.58 505.94 165.05 267.75 34.13 119.58 13.71 3,801.21 13.40 560.17 1,506.~3 23.68 181.51 1,000.00 23.38 14.79 27.15 21.49 137.42 CHECK AMOUNT 67,603.59 1,020.00 1,869.27 3,563.86 863.96 316.07 40.00 104.40 3,860.00 111.58 670.99 267.75 6,048.93 1,270.51 21.49 137.42 VOUCHRE2 CITY OF TEMECULA PAGE 9 06/21/01 13:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 69920 69921 69921 69921 69922 69923 69924 69924 69924 69924 69924 69924 69924 69924 69924 69925 69925 69926 69926 69926 69926 69926 69926 69927 69927 69927 69927 69927 69927 69927 69927 69927 69927 69928 69928 69928 69928 69928 69928 69920 69928 CHECK VENDOR VENDOR DATE NUMBER NAME 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 SULLIVAN BAY COMPANY 000305 TARGET STORE 000305 TARGET STORE 000305 TARGET STORE 003673 TECH 101ARCUS INC TEMECULA GLASS & MIRROR 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIEO 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 003849 TERRYBERRY COMPANY 003849 TERRYBERRY COMPANY 000459 TUMBLE JUNGLE FITNESS G 000459 TUMBLE JUNGLE FITNESS G 000459 TUMBLE JUNGLE FITNESS G 000459 TUMBLE dUNGLE FITNESS G 000459 TUMBLE dUNGLE FITNESS G 000459 TUMBLE JUNGLE FITNESS G ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT RFND:OVRPMT OF FEES:LDOI-OOGMP 001-163-4154 SUPPLIES FOR SPRING EGG HUNT SUPPLIES FOR SMART PROM SUPPLIES FOR SMART PROM MISC COMPUTER SUPPLIES 190-183-999-5370 190-183-999-5372 190-183-999-5372 320-199-999-5221 RES IMPRV PRGM: B. JACOBS 165-199-813-5804 MAY VEHICLE FUEL USAGE MAY VEHICLE FUEL USAGE MAY VEHICLE FUEL USAGE MAY VEHICLE FUEL USAGE MAY VEHCILE FUEL USAGE MAY VENICLE FUEL USAGE MAY VEHICLE FUEL USAGE MAY VERICLE FUEL USAGE MAY VEHICLE FUEL USAGE 001-161-999-5263 001-162-999-5263 190-180-999-5263 340-199-701-5263 001-164-601-5263 001-170-999-5262 001-163-999-5263 001-164-601-5263 001-165-999-5263 CREDIT FOR INV# 421011 001-150-999-5265 SERVICE PINS/AWARDS:EMP RECOGN 001-150-999-5265 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMp) 001065 DEF COMp 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 001-2080 165-2080 190-2080 192-2080 193-2080 194-2080 280-2080 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 193-2160 280-2160 320-2160 330-2160 340-2160 292.00 22.35 190.95 34.88 304.63 138.00 25.55 484.96 606.71 144.62 393.32 2.34 350.87 155.82 109.72 42.65- 211.36 88.00 345.60 307.20 307.20 153.60 233.60 10,233.63 101.16 1,895.14 7.50 168.70 44.50 101.16 88.55 1,416.68 169.44 963.68 95.62 1,190.32 23.38 27.92 107.48 68.10 35.40 292.00 248.18 304.63 138.00 2,273.91 168.71 1,435.20 14,226.46 2,511.90 69929 06/21/01 000325 UNITED WAY 000325 UW 001-2120 127.05 VOUCHRE2 CITY OF TEMECULA PAGE 10 06/21/01 13:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER CHECK VENDOR VENDOR DATE NUMBER NAME ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT 69929 06/21/01 000325 UNITED WAY 000325 UW 165-2120 8.75 69929 06/21/01 000325 UNITED WAY 000325 UW 190-2120 22.60 69929 06/21/01 000325 UNITED NAY 000325 UN 192-2120 .10 69929 06/21/01 000325 UNITED WAY 000325 UN 193-2120 2.20 69929 06/21/01 000325 UNITED WAY 000325 UN 194-2120 .50 69929 06/21/01 000325 UNITED WAY 000325 UN 280-2120 2.50 69929 06/21/01 000325 UNITED NAY 000325 UN 320-2120 5.00 69929 06/21/01 000325 UNITED NAY 000325 UW 330-2120 5.00 69929 06/21/01 000325 UNITED NAY 000325 UN 340-2120 .60 69930 69931 69931 69931 69932 69933 69933 69934 69934 69934 69934 69934 69934 69934 69934 69934 69934 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 06/21/01 000332 VANDORPE CHOU ASSOCIATE 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004200 VERIZON WIRELESS LLC 001881 WATER SAFETY PRODUCTB 001881 MATER SAFETY PRODUCTS 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000348 ZIGLER, GAIL 69935 MAY PLN CK SVC FOR B&S 001-162-999-5248 JUN XXX-O0?3 GENERAL USAGE JUN XXX-5072 GENERAL USAGE JUN XXX-5072 GENERAL USAGE 320-199-999-5208 320-199-999-5208 320-1990 6/15-9/14/01 PAGER SERVICE 320-199-999-5238 JR. LIFEGUARD T-SHIRTS FREIGHT 190-186-999-5243 190-186-999-5243 APR LEASE 2 DC460 COPIERS 330-2800 APR LEASE DC240 COPIER 330-2800 APR INTEREST 240/460 COPIERS 330-199-999-5391 APR LEASE DC420 COPIER MNTCFAC 330-199-999-5217 APR POOLED MAINT SUPPLIES 330-199-999-5217 NOV/APR LEASE TCC COPIER 190-184-999-5239 APR LEASE DC420 COPIER/STN 84 001-171-999-5239 SALES TAX 001-171-999-5239 APR LEASE 5800 COPIER 330-2800 APR MAINT/SUPPLIES 5800 COPIER 330-199-999-5391 REIMB:TCSD STAFF TEAM BLDG 190-180-999-5261 3,505.06 1,923.03 515.33 5,843.72 4.98 93.50 10.56 851.62 383.48 752.90 223.62 3,220.59 345.16 208.02 15.60 1,800.27 581.20 107.80 174.30 3,505.06 8,282.08 4.98 104.06 8,382.46 107.80 TOTAL CHECKS 302,978.29 VOUCHRE2 CITY OF TERECULA PAGE 11 06/27/01 17:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 165 RDA DEV- LO~/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVZCE LEVEL C 194 TCSG SERVlCE LEVEL D 210 CAPITAL IMPROVEMENT PROd FUND 280 REDEVELOPNENT AGENCY - 500 INSURANCE FUND 320 INFORNATION SYSTENS 330 SUPPORT SERVICES 540 FACILITIES AMOUNT 76,862.18 19,979.53 43,380.94 13.95 8,587.79 61.80 1,367.35 9,271.63 42.56 5,498.23 11,260.85 5,435.58 TOTAL 181,762.39 VOUCHRE2 CITY OF TEMECULA PAGE 1 06/27/01 17:36 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK NUMBER 69936 69937 666202 666202 666202 666202 666202 666202 666202 666202 666202 666202 666202 666202 666202 666202 666202 666202 666202 666202 666202 666202 666216 666216 666216 666216 666216 666216 666216 666216 666216 666216 69940 69941 69942 69942 69942 69943 69944 CHECK VENDOR VENDOR DATE NUMBER NAME 06/21/01 06/22/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 ICE HOUSE 000883 MONTELEONE EXCAVATING 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INBTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000444 INSTATAX (EDD) 000444 INSTATAX (EDD) 000444 INSTATAX (EDD) 000444 INSTATAX (EDD) 000444 INSTATAX (EDD) 000444 INSTATAX (EDD) 000444 INSTATAX (EDD) 000444 IRSTATAX (EDD) 000444 INSTATAX (EDD) 000444 INSTATAX (EDD) 000724 A & R CUSTOM SCREEN PRI 001700 A PLUS TEACHING MATERIA 003802 ADOLF KIEFER & ASSOOIAT 003802 ADOLF KIEFER & ASSOCIAT 003802 ADOLF KIEFER & ASSOCIAT 004033 AMERICAN LEGION POST 85 000936 AMERICAN RED CROSS ITEM DESCRIPTION CRC TEEN POOL PARTY 6/24/01 REISS CK#69544/CLEAN MARG CHNL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE STAFF UNIFORMS:TCSD RECREATION DAY CAMP SUPPLIES GUARD T-SHIRTS:AQUATIC STAFF GUARD TANK-TOP:AQUATIC STAFF FREIGHT LEGION-BOYS STATE PRGM:HGH SCH JR LIFEGUARD TRAINING MATERIAL ACCOUNT NUMBER 190-183-999-5320 001-164-601-5401 001-2070 165-2070 190-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 340-2070 001-2070 165-2070 190-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 340-2070 001-2070 165-2070 190-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 340-2070 190-180-999-5243 190-183-999-5340 190-186-999-5243 190-186-999-5243 190-186-999-5243 001-101-999-5285 190-186-999-5261 ITEM AMOUNT 150.00 15,000.00 4,924.61 192.24 1,029.70 10.34 101.48 36.37 64.08 17.95 354.43 174.54 1,385.76 66.72 262.76 1.76 21.36 7.26 28.88 12.54 61.98 56.72 1,358.22 58.37 190.92 1.05 11.84 3.47 19.46 2.99 69.00 25.42 1,807.61 148.04 315.00 193.00 19.82 2,000.00 243.00 CHECK AMOUNT 150.00 15,000.00 8,811.48 1,740.74 1,807.61 148.04 527.82 2,000.00 243.00 69945 06/28/01 000101 APPLE ONE, INC. TEMP HELP W/E 06/09 WYTRYKUS 001-162-999-5118 572.00 69945 06/28/01 000101 APPLE ONE, INC. TEMP HELP W/E 06/09 DICLEMENTE 190-180-999-5118 520.00 1,092.00 VOUCHRE2 06/27/01 17:36 VOUCHER/ CHECK CHECK NUMBER DATE 69946 06/28/01 69946 06/28/01 69946 06/28/01 69946 06/28/01 69946 06/28/01 69946 06/28/01 69947 06/28/01 69947 06/28/01 69948 06/28/01 69949 06/28/01 69949 06/28/01 69950 06/28/01 69951 06/28/01 69952 06/28/01 69953 06/28/01 69954 06/28/01 69954 06/28/01 69954 06/28/01 69954 06/28/01 69954 06/28/01 69954 06/28/01 69954 06/28/01 69954 06/28/01 69954 06/28/01 69955 06/28/01 69956 06/28/01 69957 06/28/01 69958 06/28/01 69959 06/28/01 69960 06/28/01 69961 06/28/01 69962 06/28/01 69963 06/28/01 69963 06/28/01 VENDOR VENDOR NUMBER NAME 001561 ARCH 001561 ARCH 001561 ARCH 001561 ARCH 001561 ARCH 001561 ARCH BADER, ABED BADER, ABED BAYLOR, RO$1NA 004262 BIO-TOX LABORATORIES 004262 BIO-TOX LABORATORIES 004059 BOWLEY, DAVID 004176 BROADWING 004557 BUTCHART, HAROLD 004248 CALIF DEPT OF JUSTICE/A 003940 CHESHERS CUSTOM EMBROID 003940 CHESHERS CUSTOM EMBROID 003940 CHEBHERS CUSTOM EMBROID 003940 CHESHERS CUSTOM EMBROID 003940 CHESHERS CUSTOM EMBROID 003940 CHESHERS CUSTOM EMBROID 003940 CNESHERS CUSTOM EMBROID 003940 CHESHERS CUSTOM EMBROID 003940 CHESHERS CUSTOM EMBROID 002989 CLEAR IMAGE NINDOW CLEA 002147 COMPLIMENTS COMPLAINTS 001264 COSTCO WHOLESALE COWARD, DORIS 001320 CROWE-PELLETIER, JULIE 003681 DAVIDSOM & ALLEN, ARCHI 004275 DISCOUNT CRAFTS LLC DOLPH, LEE ANN 002981 DYNA MED 002981 DYNA MED CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION JUN-SEPT PAGING RENTAL/SVCS JUN-SEPT PAGING RENTAL/SVCS JUN-SEPT PAGING RENTAL/SVCS JUN-SEPT PAGING RENTAL/SVCS JUN-SEPT PAGING RENTAL/SVCS JUN-SEPT PAGING RENTAL/SVCS REFUND: LEVEL 6/7 SWIM LESSONS REFUND: LEVEL 6/7 SWIM LESSONS REFUND:CPR/FIRST AID TRAINING LAS DRUG TESTING:POLICE/CHP LAB DRUG TESTING:POLICE/CHP TCSD INSTRUCTOR EARNINGS LONG DISTANCE & INTERNET SVCS CRC POOL SLIDE REFINISH/REPAIR NEW EMPLOYEES FINGERPRINT CNK SAFE DRIVER AWARD JACKETS SAFE DRIVER AWARD JACKETS SAFE DRIVER AWARD JACKETS FREIGHT FREIGHT FREIGHT SALES TAX SALES TAX SALES TAX CITY HALL CANOPY GLASS CLEANED ENTERTAINMENT:VAIL RANCH ANNEX REFRESHMENTS:VAIL RANCH ANNEX REFUND: LEVEL 1 SWIM LESSONS REIMS:VAIL RANCN ABEX. MAILING AODL PROF LIABILITY INSURANCE CRAFT SUPPLIES:TCSD REFUND: SUMMER DAY CAMp CPR ADULT TORSO MANIKIN W/CASE CPR BABY ANNE QUAD PACK W/BAG ACCOUNT NUMBER 330-1990 001-110-999-5238 001-1990 001-170-999-5238 190-180-999-5238 001-164-601-5238 190-186-4970 190-186-4970 190-183-4982 001-170-999-5328 001-170-999-5328 190-183-999-5330 320-1990 190-182-999-5416 001-150-999-5250 190-180-999-5250 001-162-999-5250 001-164-601-5250 190-180-999-5250 001-164-601-5250 001-162-999-5250 190-180-999-5250 001-164-601-5250 001-162-999-5250 340-199-701-5250 190-183-999-5370 190-183-999-5370 190-186-4970 001-110-999-5230 210-190-163-5802 190-183-999-5320 190-182-4984 190-186-999-5301 190-186-999-5301 ITEM AMOUNT 40.65 40.65 40.65 153.90 440.85 84.45 25.00 25.00 43.00 255.20 920°00 90.00 1,195.00 2,550.00 798.00 393.00 131.00 131.00 15.00 5.00 5.00 29.48 9.83 9.82 45.00 125.00 498.45 25.00 200.00 858.00 142.79 130.00 1,044.24 366.05 PAGE 2 CHECK AMOUNT 801.15 50.00 43.00 1,1~5.20 90.00 1,195.00 2,550.00 798.00 729.13 45.00 125.00 490.45 25.00 200.00 858.00 142~79 130.00 VOUCRRE2 CITY OF TEMECULA PAGE 3 06/27/01 17:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 69963 06/28/01 002981 DYNA MHD 69964 06/28/01 001380 E S I EMPLOYMENT SERVIC 69964 06/28/01 001380 E S I EMPLOYMENT $ERVIC 69964 06/28/01 001380 E S I EMPLOYMENT SERVIC 69964 06/28/01 001380 E S I EMPLOYMENT SERVIC 69964 06/28/01 001380 E S I EMPLOYMENT SERVIC 69964 06/28/01 001380 E B I EMPLOYMENT SERVIC 69964 06/28/01 001380 E S I EMPLOYMENT SERVIC 69964 06/28/01 001380 E S I EMPLOYMENT SERVIC 69964 06/28/01 001380 E S I EMPLOYMENT SERVIC 69964 06/28/01 001380 E S I EMPLOYMENT SERVIC 69965 06/28/01 004427 EDWARDS, SALLY 69966 06/28/01 004130 ELSINORE ELECTRICAL SUP 69966 06/28/01 004130 ELSINORE ELECTRICAL SUP 69966 06/28/01 004130 ELSINORE ELECTRICAL SUP 69966 06/28/01 004130 ELSINORE ELECTRICAL SUP 69966 06/28/01 004130 ELSINORE ELECTRICAL SUP 69966 06/28/01 004130 ELSINORE ELECTRICAL SUP 69967 06/28/01 003665 EMERITUS COMMUNICATIONS 69968 06/28/01 001056 EXCEL LANDSCAPE 69968 06/28/01 001056 EXCEL LANDSCAPE 69968 06/28/01 001056 EXCEL LANDSCAPE 69968 06/28/01 001056 EXCEL LANDSCAPE 69968 06/28/01 001056 EXCEL LANDSCAPE 69968 06/28/01 001056 EXCEL LANDSCAPE 69968 06/28/01 001056 EXCEL LANDSCAPE 69969 06/28/01 004464 EXXONMOBIL CARD SERVICE 69970 06/28/01 000478 FAST SIGNS 69970 06/28/01 000478 FAST SIGNS 69971 06/28/01 002832 FENCE BUILDERS 69972 06/28/01 001511 FIELDMAN ROLAPP & ASSOC 69973 06/28/01 000166 FIRST AMERICAN TITLE CO 69973 06/28/01 000166 FIRST AMERICAN TITLE CO 69974 06/28/01 001135 FIRST DARE INDUSTRIAL M 69975 06/28/01 FOREMAN, WANDA 69976 06/28/01 001989 69977 06/28/01 004455 FOX NETWORK SYSTEMS INC GATEWAY COMPUTERS ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT CPR ADULT TORSO MANIKIN W/CASE 190-186-999-5301 TEMP HELP W/E 06/15 RUSH TEMP HELP W/E 06/15 RUSH TEMP HELP W/E 06/15 EBON TEMP HELP W/E 06/15 EBON TEMP HELP W/E 06/15 HANSEN TEMP HELP W/E 06/15 HANSEN TEMP HELP W/E 06/15 HANSEN TEMP HELP W/E 06/15 DAVIS TEMP HELP W/E 06/15 BROWN TEMP HELP W/E 06/01 N~LRSEH 001-161-999-5118 001-161-999-5118 340-199-701-5118 340-199-702-5118 190-180-999-5118 001-161-999-5118 001-120-999-5118 190-186-999-5118 001-164-604-5118 001-161-999-5118 TCSD INSTRUCTOR EARNINGS 190-183-999-5330 CRC RETROFIT 40 LIGHT FIXTURES 190-182-999-5416 SALES TAX 190-182-999-5416 CRC RETROFIT 40 LIGHT FIXTURES 190-182-999-5416 BALES TAX 190-182-999-5416 DOWN TYPE LENS FOR CRC 190-182-999-5212 SALES TAX 190-182-999-5212 MAY LONG DISTANCE PHONE SVCS 320-1990 APR LDSCP IMPR:RANCHO CALIF RD 193-180-999-5212 APR LDSCP IMPR:SPORTS PARK APR LDSCP IMPR:SPORTS PARK APR LSCP IMPR:SPORTS PARK MAY LDSCP IMPR:SANTIAGO/YNEZ MJ~y LDSCP IMPR:ROTARY PARK APR LDSCP MNTC:OLD TWN PRKLOTB 190-180-999-5415 190-180-999-5415 190-180-999-5415 193-180-999-5212 190-180-999-5415 001-164-603-5415 CITY VEHICLE FUEL EXPENSE 001-170-999-5262 TCSD VEHICLE FABRICATE LETTERS 190-180-999-5250 SALES TAX 190'180-999-5250 RES IMPR PRGM:McMEEKINw COLIN 165-199-813-5804 HDA BONDING CAPACITY ANALYSIS 280-199-999-5248 LOT BOOK REPT: JONES 165-199-999-5250 LOT BUOK REPT: HART 165~199-999-5250 PRE-EMPLOYMENT PHYSICALS 001-150-999-5250 REFUNO:SECURITY OEPT MS01-1035 190-2900 MISC COMPUTER SUPPLIES 320-199-999-5221 GATEWAY COMPUTER:POLICE DEPT 001-170-999-5604 348.09 406.88 1,486.25 853.80 284.60 92.64 987.20 1,421.44 728.65 3,538.08 4,659.75 120.00 ;30.50 54.79 3,071.52 230.36 222.35 16.68 1,663.83 141.10 191.26 374.31 216.26 222.82 97.29 250.00 305.25 69.90 2.43 4,723.00 3,561.74 150.00 150.00 280.00 100.00 248.33 1,218.00 1,758.38 14,459.29 120.00 4,326.20 1,663.83 1,493.04 305.25 72.33 4,723.00 3,561.74 300.00 280.00 100.00 248.33 VOUCHRE2 CITY OF TEMECULA PAGE 4 06/27/01 17:36 VOUCHER/CNECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 69977 69977 69978 69978 69978 69978 69978 69978 69970 69978 69978 69978 69978 69978 69978 69978 69978 69970 69979 69979 69979 69979 69979 69979 69979 69979 69980 69980 69981 69982 69983 69984 69985 69985 69986 69987 69988 69989 CHECK VENDOR VENDOR DATE NUMBER NAME 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 004455 GATEWAY COMPUTERS 004455 GATEWAY COMPUTERS 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 00017~ GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000173 GENERAL BINDING CORPORA 000192 GLOBAL COMPUTER SUPPLIE 000192 GLOBAL COMPUTER SUPPLIE 000192 GLOBAL COMPUTER SUPPLIE 000192 GLOBAL COMPUTER SUPPLIE 000192 GLOBAL COMPUTER SUPPLIE 000192 GLOBAL COMPUTER SUPPLIE 000192 GLOBAL COMPUTER SUPPLIE 000192 GLOBAL COMPUTER SUPPLIE 004019 GOLDEN STATE FENCE COMP 004019 GOLDEN STATE FENCE COMP 004159 GOODENOUGH~ DONNA 004552 H M S CONSTRUCTION INC 004535 001407 001407 003816 004079 HOLLAND-BORROEL, TRACEY ICEPLEX INTER VALLEY POOL SUPPL INTER VALLEY POOL SUPPL J D C INC JENKENS & GILCNRIST JOHNSON, ANN 000205 KIDS PARTIES ETC ITEM DESCRIPTION ACCOUNT NUMBER FREIGHT SALES TAX 001-170-999-5604 001-170-999-5604 LAMINATION-3MIL. LETTER SIZE LAMINATION- 5MIL. LETTER SIZE LAMINATION - 5MIL. MENU SIZE LAMINATION- 5MIL. CARD SIZE FREIGHT SALES TAX 5/16 PLASTIC COMB BINDINGS 3/8 PLASTIC COMB BINDINGS 1/2 PLASTIC COMB BINDINGS 9/16 PLASTIC COMB BINDINGS 5/8 PLASTIC COMB BINDINGS 7/8 PLASTIC COMB BINDINGS 1 1/4 PLASTIC COMB BINDINGS CLEAR BINDING COVERS FREIGHT SALES TAX 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 20-PK IOMEGA ZIP PC DISKS IMATION TK-99 CARTRIDGE 2 EXECUTIVE LEATHER CHAIRS 25FT RED SNAG PROOF CABLE 4-PORT USS HUB FREIGHT SALES TAX SALES TAX 320-199-999-5221 320-199-999-5221 320-199-999-5242 320-199-999-5221 320-199-999-5242 320-199-999-5242 320-199-999-5221 320-199-999-5242 INSTALL PVD FENCING:PALA PARK 190-180-999-5212 RETENTION:PALA PRK PVC FENCING 190-2035 TODD INSTRUCTOR EARNINGS 190-183-999-5330 REMOVE BANNER POLES:JEFFERSON 001-164-601-5402 REFUND: SUMMER DAY CAMP 190~182-4984 DAY CAMP EXCURSION ON 6/28/01 190-183-999-5340 POOL SANITIZING CHEMICALS POOL SANITIZING CHEMICALS 190-186-999-5250 190-186-999-5250 REL RETENTION:P.C.C.REPAIRS 001-2035 MAY HR LEGAL SERVICES 001-130-999-5247 REFUND:EX-S.D.WILD ANIMAL PRK 190-183-4986 PARTY JUMP W/ATTENDENT:JUN 23 190-184-999-5301 ITEM AMOUNT 90.00 96.62 199.12 245.16 174.62 30.98 13.63 49.76 14.25 11.32 21.78 8.93 11.54 14.95 26.12 133.21 29.77 20.38 179.80 395.94 199.98 53.45 59.95 40.83 49.68 18.58 3,572.98 357.30- 56.00 3,920.00 155.00 570.00 349.59 384.8~ 7,087.66 48.00 30.00 290.00 CHECK AMOUNT 1,404.62 1,005.52 998.21 3,215.68 56.00 3,920.00 155.00 570.00 734.45 7,087.66 48.00 30.00 290.00 VOUCHRE2 06/27/01 17:36 VOUCHER/ CHECK CHECK NUMBER DATE 69990 06/28/01 69991 06/28/01 69991 06/28/01 69991 06/28/01 69992 06/28/01 69993 06/28/01 69993 06/28/01 69994 06/28/01 69995 06/28/01 69996 06/28/01 69996 06/28/01 69996 06/28/01 69997 06/28/01 69998 06/28/01 69999 06/28/01 70004 06/28/01 70005 06/28/01 70006 06/28/01 70007 06/28/01 70007 06/28/01 70008 06/28/01 70009 06/28/01 70010 06/28/01 70010 06/28/01 70010 06/28/01 70010 06/28/01 70010 06/28/01 70010 06/28/01 70011 06/28/01 70011 06/28/01 70011 06/28/01 70011 06/28/01 70012 06/28/01 VENDOR VENDOR NUMBER NAME 004104 KINETIC SYSTEMS INC 002023 NING~ WENDE 002023 NING~ WENDE 002023 KING, WENDE 000206 KINKOS INC 001282 KNORR SYSTEMS INC 001282 KNORR SYSTEMS INC 000945 L P S COMPUTER SERVICE 004553 LAKESIDE JAZZ CLUB BAND 004548 LIGHTNING POWDER COMPAN 004548 LIGHTNING PO~DER COMPAN 004548 LIGHTNING PO~DER COMPAN 003274 LING AUDIO PRODUCTION S 003782 MAIN STREET SIGNS 004068 MAHALILI, AILEEN 004543 MARK BOYLE PAINTING 002011 MARTIN, I(ATHARINA E. 004107 MASSA-LAVITT, SANDRA 000220 MAURICE PRINTERS INC 000220 MAURICE PRINTERS INC 000944 MCCAIN TRAFFIC SUPPLY I MCCARTHY, CATHY 000973 MIRACLE RECREATION EQUI 000973 MIRACLE RECREATION EQUI 000973 MIRACLE RECREATION EQUI 000973 MIRACLE RECREATION EQUI 000973 MIRACLE RECREATION EQUI 000973 MIRACLE RECREATION EQUI 001067 MITY LITE INC 001067 MITY LITE INC 001067 MITY LITE INC 001067 MITY LITE INC MYERS, DOUGLAS CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION HVAC REPAIR:CITY HALL COMp. RM TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARRINGS TCSD INSTRUCTOR EARNINGS STATIONERY PAPER/MISC SUPPLIES PARTS TO REBUILD CRC POOL PUMP PARTS TO REBUILD CRC POOL PUMP HP PRINTER SUPPLIES ENTERTAINMENT:JAZZ FESTIVAL PHOTO EVIDENCE NUMBERS 1-15 PHOTO EVIDENCE NUMBERS 16-50 FREIGHT SOUND SY RENTAL:JULY 4TH EVENT RESHEETIHG OF SIGNS:PW MAINT TCSD INSTRUOTOH EARNINGS ERS IMPEV PRGM:D.LUBNIEWSKI TCSD INSTRUCTOR EARNINGS 6/12'20/01 CONSULTING SVCS COMMUNITY GREETER GUIDES SALES TAX ACCOUNT HUMBER 340-199-701-5212 190-183-999-5330 190-183-999-5330 190-183-999-5330 330-199-999-5220 190-186-999-524E 190-186-999-5212 320-199-999-5221 280-199-999-5362 001-170-502-5610 001-170-502-5610 001-170-502-5610 190-183-999-5370 001-164-601-5244 190-183-999-5330 165-199-813-5804 190-183-999-5330 001-161-999-5248 001-111-999-5270 001-111-999-5270 TRAFFIC SGNL TOOLS & EQUIPMENT 001-164-602-5242 REIMB:CPRS C0NF:3/13-17/01 190~180-999-5258 VARIOUS PARKS PLAYGROUND PARTS 190-180-999-5212 4" PLUGS - YELLOW. 190-180-999-5212 LARGE S HOUKS. 190-180-999-5212 250~ BUCKET OF CHAIN. 190-180-999-5212 FREIGHT 190-180-999-5212 SALES TAX 190-180-999-5212 PRESIDENTIAL LECTERN 2 SPEAKRS ONE ADDITIONAL INSERT NATURAL FREIGHT SALES TAX 340-199-701-5610 340-199-701-5610 340-199-701-5610 340-199~701-5610 REIMB:COOE HEARINGS:4/03-04/01 001-171-999-5260 ITEM AMOUNT 1,200.00 313.60 144.00 57.60 84.85 265.46 97.83 373.97 250.00 33.75 78.75 15.00 1,100.00 1,610.35 434.00 2,989.00 108.80 2,054.60 1~925.00 144.38 818.49 176.49 6.00 10.00 21.60 160.20 26.00 14.80 2,225.00 36.00 60.00 155.75 63.45 PAGE 5 CHECK AMOUNT 1,200.00 515.20 84.85 363.29 373.97 250.00 127.50 1~100.00 1~610.35 434.00 2,989.00 108.80 2,054.60 2,069.38 818.49 176.49 238.60 2,476.75 63.45 VOUCHRE2 06/27/01 17:36 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 6 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 70013 06/28/01 70014 06/28/01 70015 06/28/01 70015 06/28/01 70015 06/28/01 70015 06/28/01 70015 06/28/01 70015 06/28/01 70015 06/28/01 70015 06/28/01 70016 06/28/01 70016 06/20/01 70016 06/28/01 70016 06/28/01 70016 06/28/01 70016 06/28/01 70017 06/28/01 70010 06/28/01 70018 06/28/01 70018 06/28/01 70018 06/28/01 70018 06/28/01 70018 06/28/01 70018 06/28/01 70018 06/28/01 70019 06/28/01 70020 06/28/01 70021 06/28/01 70021 06/28/01 70021 06/28/01 70021 06/28/01 70022 06/28/01 70023 06/28/01 70024 06/28/01 70025 06/28/01 70026 06/28/01 70027 06/28/01 VENDOR NAME NELLIS, RAY 002100 OBJECT RADIANCE IN( 003964 OFFICE DEPOT BUSINESS S 003964 OFFICE DEPOT BUSINESS S 003964 OFFICE DEPOT BUSINESS S 003964 OFFICE DEPOT BUSINESS S 003964 OFFICE DEPOT BUSINESS S 003964 OFFICE DEPOT BUSINESS S 003964 OFFICE DEPOT BUSINESS S 00396/+ OFFICE DEPOT BUSINESS S 002105 OLD TOWN TIRE & SERVICE 002105 OLD TOWN TIRE & SERVICE 002105 OLD TOWN TIRE & SERVICE 002105 OLD TOWN TIRE & SERVICE 002105 OLD TOWN TIRE & SERVICE 002105 OLD TOWN TIRE & SERVICE 003116 OLDE SAN DIEGO GAZETTE 001171 ORIENTAL TRADING COMPAN 001171 ORIENTAL TRADING COMPAN 001171 ORIENTAL TRADING COMPAN 001171 ORIENTAL TRADING COMPAN 001171 ORIENTAL TRADING COMPAN 001171 ORIENTAL TRADING COMPAN 001171 ORIENTAL TRADING COMPAN 001171 ORIENTAL TRADING COMPAN 004520 003955 003955 003955 003955 000359 004074 004515 004204 004204 000253 PABLO, CHRISTINA PAINT CONNECTION, THE PANE CONSULTING SERVICE PANE CONBULTING SERVICE PANE CONSULTING SERVICE PANE CONSULTING SERVICE PARKER, HERMAN PARTY CITY OF TEMECULA PLASTIC LUMBER COMPANY POGAN, MARK POGAN~ MARK POSTMASTER ITEM DESCRIPTION REFUND:ADMIN CIT# 1041 TCSD INSTRUCTOR EARNINGS OFFICE SUPPLIES:SATELLITE SIN OFFICE SUPPLIES-SATELLITE STN OFFICE SUPPLIES:SATELLITE SIN NEWLETT PACKARD DESKJET 2200 HP CD-WRITER 9150i HP 8230E CD-WRITER (EXTERNAL) GALES TAX OFFICE SUPPLIES-FINANCE CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT ADVERTISING:DIXIELAND JAZZ 5/909 PENCILS 5/166-SP PLASTIC FLAGS 5/876 NOVELTIES 24/170 STAR BUBBLE NECKLACES 12/1941 MINI BUBBLES 9/572 FANS 5/215 STAR HEAD BOPPERS FREIGHT REFUND:GYMNASTICS-TUMBLING TOT FAC IMPR PRGM:THE STAMPEDE VAIL RANCH ANNEXATION MAGNETS SET-UP CHARGE FREIGHT SALES TAX REIMB:ASSOC YOUTH MUS:5/1-5/01 RECREATION SUPPLIES FOR MPSC ST.SIGN REPAIRS:J.SMITH/MARG. ENTERTAINMENT:VAIL RANCH ANNEX ENTERTAINMENT:JULY 4TH EVENT EXPRESS NAIL & POSTAL SERVS ACCOUNT NUMBER 001-161-4255 190-183-999~5330 001-170-999-5229 001-170-999-5229 001-170-999-5229 001-170-502-5610 001-170-502-5610 001-170-502-5610 001-170-502-5610 001-140-999-5220 001-164-601-5214 001-164-601-5214 001-162-999-5214 001-163-999-5214 190-180-999-5214 001-164-601-5214 280-199-999-5362 190-183-999-5370 190-183-999-5370 190-183-999-5370 190-183-999-5370 190-183-999-5370 190-183-999-5370 190-183-999-5370 190-183-999-5370 190-183-4982 280-199-813-5804 190-183-999-5370 190-183-999-5370 190-183-999-5370 190-183-999-5370 190-180-999-5258 190-181-999-5301 001-164-601-5244 190-183-999-5370 190-183-999-5370 001-165-999-5230 ITEM AMOUNT 50.00 723.20 159.43 17.47- 33.35 499.99 217.23 199.99 67.44 73.74 71.25 147.82 146.64 31.15 35.27 71.25 500.00 3.90 6.95 15.90 27.80 11.90 14.75 14.85 19.95 93.00 4,557.33 175.00 35.00 22.00 16.28 13.02 87.50 250.00 800.00 800.00 12.25 CHECK AMOUNT 50.00 723.20 1,233.70 503.38 500.00 116.00 93.00 4,557.33 248.28 13.02 87.50 250.00 800.00 800.00 VOUDHRE2 06/27/01 17:36 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 70027 06/28/01 000253 70027 06/28/01 000253 70028 06/28/01 000254 70028 06/28/01 000254 70028 06/28/01 000254 70029 06/28/01 002776 70029 06/28/01 002776 70030 06/28/01 003493 70030 06/28/01 003493 70030 06/28/01 003493 70030 06/28/01 003493 70031 06/28/01 004453 70032 06/28/01 000262 70032 06/28/01 000262 70033 06/28/01 003761 70034 06/28/01 000947 70034 06/28/01 000947 70035 06/28/01 002907 70036 06/28/01 003591 70037 06/28/01 002110 70037 06/28/01 002110 70037 06/28/01 002110 70037 06/28/01 002110 70038 06/28/01 000418 70039 06/28/01 000411 70040 06/28/01 002940 70041 06/28/01 001624 70042 06/28/01 000873 70043 06/20/01 70044 06/28/01 000277 70044 06/28/01 000277 70045 06/28/01 001942 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER POSTMASTER POSTMASTER PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRIME MATRIX INC PRIME MATRIX INC PRO-CRAFT OVERHEAD DOOR PRO-CRAFT OVERHEAD DOOR PRO-CRAFT OVERHEAD DOOR PRO-CRAFT OVERHEAD DOOR R C ENTERPRISES EXPRESS HAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS MAY VAR.PUBLIC NTCS:PLANNING ANNL SUBSCRIPTION:TCSD ANNL SUBSCRIPTION:TCSD MAY CELLULAR SVCS:SR VAN MAY CELLULAR SVCS:CITY VAN RES IMPRV PRGM: M. SEETO RES IMPRV PRGM:A. GRUNAUER CREDIT:EXCEEDS CONTRACT AMOUNT 001-120-999-5230 001-161-999-5230 RANCHO CALIF WATER DIST VARIOUS WATER METERS RANCHO CALIF WATER DIST VARIOUS WATER METERS RANCHO METALS & SUPPLY RANCHO REPROGRAPHICS RANCHO REPROGRAPHICS 001-161-999-5256 190-180-999-5228 190-1990 190-180-999-5208 190-180-999-5208 165-199-813-5804 165-199-813-5804 165-199-813-5804 CREDIT:EXCEEDS CONTRACT AJ4OUNT 165-190-813-5804 3 SELF INKING STAMPS-FINANCE 001-140-999-5220 190-180-999-5240 193-180-999-5240 VARIOUS PARKS METAL SUPPLIES 190-180-999-5212 DUP.BLUEPRINTS:STARLIGHT RIDGE 210-190-141-5804 DUP.BLUEPRINTS FOR tiP DIV 001-165-999-5250 REINHART FONTES ASSOCIA APPRAISALS FOR 3 PROPERTIES RENES COMMERCIAL MANAGE WEED ABATEMENT/SPORTS PARK RENTAL SERVICE CORPORAT EQUIPMENT/TOOLS FOR PW MAINT. RENTAL SERVICE CORPORAT SALES TAX RENTAL SERVICE CORPORAT EQUIPMENT FOR PW MAINT. CREWS RENTAL SERVICE CORPORAT EQUIPMENT RENTAL FOR PW FLAINT. RIVERSIDE CO CLERK & RE APR NTC OF COMPLETION COPIES RIVERSIDE CO FLOOD CONT RIVERSIDE CO OF (GIS SY ROBERTS, GENIE ROBERTSt RONALD H. ROSS, FRANCES FYO0-01 MOWING SVCS:MURR CREEK 12/28-05/0E/01GIS CONSULT SVC REIMB:GOVT SEMINAR:6/20/01 REIMB:NLC TRANS COMM:6/14-17 REFUND:EX-S.D.WILD ANIMAL PARK S & S ARTS & CRAFTS INC RECREATION SUPPLIES:DAY CAMP 165-199-999-5248 165-199-999-5250 001-164-601-5242 001-164-601-5242 001-164-601-5238 001-164-601-5238 001-163-999-5250 001-164-601-5403 001-161-610-5248 001-1990 001-100-999-5258 190-183-4986 190-183-999-5340 S & S ARTS & CRAFTS INC RECREATION SUPPLIES:SMART PRGM 190-183-999-5372 S C SIGNS MAY/JUN SIGN POSTING:CITY CLRK 001-120-999-5244 ITEM AMOUNT 24.50 154.00 189.10 176.26 109.74 34.15 26.80 955.00 885.00 50.00- 50.00- 97.83 1,657.99 8,002.00 23.11 134.29 6.45 5,000.00 4,800.00 399.00 29.93 51.60 66.66 11.00 2,125.77 68.00 46.11 64.00 30.00 179.43 4,058.06 130.00 PAGE CHECK AMOUNT 190.75 4?5.10 60.95 1,740.00 97.83 9,659.99 23.11 140.74 5,000.00 4,800.00 547.19 11.00 2,125.77 68.00 46.11 64.00 30.00 4,237.49 130.00 VOUCHRE2 CITY OF TEMECULA PAGE 8 06/27/01 17:36 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK NUMBER 70046 70047 70048 70049 70050 70050 70050 70051 70051 70051 70051 70051 70051 70051 70051 70051 70051 70051 70051 70051 70052 70052 70052 70052 70052 70052 70052 70052 70052 70052 70052 70052 70052 70053 70053 70053 70053 70053 70053 70053 70054 70055 CHECK VENDOR VENDOR DATE NUMBER NAME 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 004528 SAN DIEGO BANJO BAND SARNACK, PHYLLIS SCHUMACHER, BERNIE 003804 SKYHAWKS SPORTS ACADEMY 000645 SMART & FINAL INC 000645 SMART & FINAL INC 000645 SMART & FINAL INC 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EOISON 000537 SO CALIF EDISON 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COHp INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMp INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 000305 TARGET STORE 000305 TARGEF STORE 000305 TARGET STORE 000305 TARGET STORE 000305 TARGET STORE 000305 TARGET STORE 000305 TARGET STORE 00367-/ TEMECULA MOTORSPORTS LL TEMECULA SISTER CITY AS ITEM ACCOUNT DESCRIPTION NUMBER ENTERTNMNT:DIXIELAND JAZZ FEST REFUND:EX-S.D.WILD ANIMAL PARK 280-199-999-5362 190-183-4986 REFUND:ENG DEPOSIT:LDO1-O36GR 001-2670 TCSD INSTRUCTOR EARNINGS SUPPLIES FOR SMART PROGRAM SUPPLIES FOR SMART PROGRAM SUPPLIES FOR SMART PROGRAM JUN 2-21-518-0340 HWY 79S JUN 2-11-007-0455 6TN ST MAY 2-22-575-0876 VARIOUS MTRS JUN 2-10-747'1593 VARIOUS MTRS JUN 2-14-204-1615 FRNT ST ROlO JUN 2-18-937-3152 MUSEUM JUN 2-21-981-4720 NNY 79/PALA JUN 2-02-351-4946 6TH ST JUN 2-21-560-5874 MARGARITA JUN 2-18-049-6416 FRONT ST PED JUN 2-21-911-7892 SO.SIDE PRK JUN 2-19-171'8568 WEDDING CHPL JUN 2-20-817-9929 SATELLITE ST 190-183-999-5330 190-183-999-5372 190-183-999-5372 190-183-999-5372 190-180-999-5319 001-164-603-5240 190-180-999-5319 190-180-999-5240 340-199-701-5240 190-185-999-5240 210-165-631-5801 190-181-999~5240 190-180-999-5319 001-16/*-603-5319 210-165-828-5804 190-185-999-5240 001-170-999-5229 CREDIT:WORKERS~ COMP MAY 2001 001-2370 MAY 2001 WORKERS' COMP PREMIUM 001'2370 MAY 2001WOMKEHS~ COMP PREMIUM 165-2370 MAY 2001 WORKERS' COMP PREMIUM 190-2370 MAY 2001WORKERS~ COMP PREMIUM 192-2370 MAY 2001 WORKERS~ COMP PREMIUM 193'2370 MAY 2001 WORKERS~ COMP PREMIUM 194'2370 MAY 2001WOMKERS~ COMP PREMIUM 280-2370 MAY 2001 WORKERS~ COMP PREMIUM 300-2370 MAY 2001 ~ORKERS' COMP PREMIUM 320-2370 MAY 2001 WORKERS~ COMP PREMIUM 330-2370 MAY 2001 WORKERS' COMP PREMIUM 340-2370 MAY 2001 WORKERS' COMP PREMIUM 001-1182 OFFICE SUPPLIES FOR PW DEPT OFFICE SUPPLIES FOR PW DEPT OFFICE SUPPLIES FOR PW DEPT SUPPLIES FOR 4TH OF JULY SUPPLIES FOR SMART PROM SUPPLIES FOR DAY CAMP RECREATION SUPPLIES FOR TCC MOTORCYCLE REPAIR/MAINT:TEM PD REIMB:VOORBURG WORK GROUP 001-163-999-5220 001-165-999-5220 001-164-604-5220 190-183-999-5370 190-183-999-5372 190-183-999-5340 190-184-999-5301 001-170-999-5214 001-101-999-5280 ITEM AMOUNT 250.00 60.00 995.00 440.00 279.01 29.79 8.52 58.66 343.54 191.24 27.84 22.22 766.46 97.11 1,156.14 49.65 195.75 97.95 65.41 300.74 451.36- 5,186.11 110.20 1,974.47 .80 87.19 14.70 40.14 9.08 114.51 25.73 296.53 31.00 101.80 33.93 169.67 80.98 276.15 201.24 100.07 70.36 92.80 CHECK AMOUNT 250.00 60.00 995.00 440.00 317.32 3,372.71 7,439.10 963.84 70.36 92.80 VOUCHRE2 CITY OF TEMECULA PAGE 9 06/27/01 17:36 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK NUMBER 70056 70056 70056 70056 70057 70058 70058 70058 70058 70058 70058 70059 70059 70059 70060 70061 70062 70062 70062 70062 70062 70062 70062 70062 70062 70062 70062 70062 70062 70062 70063 70063 70063 70063 70063 70064 70065 70066 70067 70067 CHECK VENDOR VENDOR DATE NUMBER NAME 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28/01 06/28101 06/28/01 000307 TEMECULA TROPHY COMPANY 000307 TEMECULA TROPHY COMPANY 000307 TEMECULA TROPHY COMPANY 000307 TEMECULA TROPHY COMPANY 000314 TEMECULA VALLEY MUSEUM 004274 TEMECULA VALLEY SECURIT 004274 TEMECULA VALLEY SECURIT 004274 TEMECULA VALLEY SECURIT 004274 TEMECULA VALLEY SECURIT 004274 TEMECULA VALLEY SECURIT 004274 TEMECULA VALLEY SECURIT 003140 TEMECULA VALLEY TAEKWON 003140 TEMEEULA VALLEY TAEKWON 003140 TEMECULA VALLEY TAEKWON 002111 TOGOS RESTAURANT 001483 TOM DODSON & ASSOCIATES 002065 UNIBOURCE 002065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 003730 WEST COAST ARBORIST$ IN 000339 WEST PUBLISHING COMPANY WILSON, PATRICIA 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT RECOGNITION PLAQUES FOR TCSD PRINTING - CERTIFICATE HOLDERS DIE SET UP CHARGE SALES TAX 190-180-999-5250 001-120-999-5222 001-120-999-5222 001'120-999-5222 "TEMECULA g THE CROSSROADS" BK 190-185-999-5228 VARIOUS LOCATIONS 7'5 PADLOCKS VARIOUS LOCATIONS 75 PADLOCKS LABOR LABOR SALES TAX VARIOUS PARKS LOCKSMITH SVCS 190-181-999-5242 190-182-999-5242 190-182-999-5242 190-184-999-5242 190-184-999-5242 190-180-999-5212 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 190-183-999-5330 190-183-999-5330 190-183-999-5330 REFRESHMENTS:EVERY 15 MIN PGRM 001-170-999-5371 MAY CONSULTING SVC:MURR CREEK 210-165-707-5801 ASTROBRITE PAPER FOR COPY CTR. SALES TAX INDEX TABS FOR COUNCIL AGENDA 8.5 X 11 WHITE CARSTOCK PAPER 8.5 X 11 XEROX TRANSPARENCIES SALES TAX 11X 17 LASER COLOR COPY PAPER 8.5X11 LASER COLOR COPY PAPER SALES TAX PASTEL PAPER FOR COPY CENTER SALES TAX 8.5 X 11 STD WHITE PAPER 11X 17 STD WHITE PAPER SALES TAX JUN XXX-O074 GENERAL USAGE JUN XXX-2626 SATELLITE STN dUN XXX-2676 GENERAL USAGE JUN XXX-3526 FIRE ALARM JUN XXX-3564 ALARM 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 320-1990 001-170-999-5229 320-1990 320-1990 320-1990 CITYWIDE TREE TRIMMING MAINT. CITY HALL LEGAL PUBLICATIONS REFUND:DANCE-TOT PRE-DANCE MAY LEASE OF DC220 COPIER FLAy MNTC/SUPPLIES DC220 COPIER 001-164-601-5402 001-120-999-5228 190-183-4982 330-2800 330-199-999-5217 71.03 310.00 50.00 27.00 386.55 500.00 624.25 75.75 749.25 84.32 20.10 120.00 180.00 40.00 189.10 180.00 1,868.40 140.13 394.70 141.60 254.40 59.30 494.00 345.80 62.99 816.50 61.26 3,760.00 95.00 289.13 253.49 237.74 28.38 82.26 54.84 2,872.50 64.50 ~.00 130.68 76.98 458.03 386.55 2,053.67 340.00 189.10 180.00 8,783.21 656.71 2,872.50 64.50 75.00 VOUCNRE2 CITY OF TEMECULA PAGE 10 06/27/01 17:36 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 70067 06/28/01 000345 XEROX CORPORATION SILLI 70067 06/28/01 000345 XEROX CORPORATION BILLI 70067 06/28/01 000345 XEROX CORPORATION BILLI 70067 06/28/01 000345 XEROX CORPORATION BILLI 70067 06/28/01 000345 XEROX CORPORATION BILLI 70067 06/28/01 000345 XEROX CORPORATION BILLI 70067 06/28/01 000345 XEROX CORPORATION BILLI 70067 06/28/01 000345 XEROX CORPORATION BILLI ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT MAY INTEREST ON DC220 COPIER 330-199-999-5391 MAY LEASE DCSO COPIER 330-2800 MAY INTEREST DC50 COPIER 330-199-999-5391 MAY DCS0 COPIER USAGE 330-199-999-5217 XEROX 545 FAX TONER CARTRIDGE 330-199-999-5220 XEROX 7042 FAX TONER CARTRIDGE 330-199-999-5220 7042 FAX DRUM CARTRIDGE 330-199-999-5220 SALES TAX 330-199-999-5220 44.72 291.69 229.65 53.74 24.00 141.00 294.00 34.43 1,320.89 TOTAL CHECKS 181,762.39 VOUCHRE2 CITY OF TEMECULA PAGE 2 06/27/01 17:54 VOUGHER/CNECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 320 INFORMATION SYSTEMS 340 FACILITIES AMOUNT 223,846.61 9,243.00 4,900.00 26,111.22 1,200.00 30,787.34 305,962.50 22,412.50 64.00 TOTAL 624,527.17 VOUCHRE2 CITY OF TEMECULA PAGE 1 06/27/01 17:54 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CBECK NUMBER 70070 70071 70071 70071 70071 70071 70072 70073 70073 70073 70073 7O073 70074 70075 70075 70076 70077 70077 70078 70078 70078 70079 70080 70080 70080 70081 70082 70082 70083 CHECK VENDOR VENDOR DATE NUMBER NAME 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 07/10/01 003954 ALTERNATIVE FIRE PROTEC 003706 AMBIENT AVL IRC 003706 AMBIENT AVL 003706 AMBIENT AVL IRC 003706 AMBIENT AVL INC 003706 AMBIENT AVL INC 002187 ANIMAL FRIENDS OF THE V 000447 COMTRONIX OF HEMET 000447 COMTRONIX OF HEMET 000447 COMTRONIX OF HEMET 000447 COMTBONIX OF HEMET 000447 COMTRONIX OF BEMET 003059 COSTCO WHOLESALE 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 000164 ESGIL CORPORATION 004019 GOLDEN STATE FENCE COMP 004019 GOLDEN STATE FENCE COMP 004104 KINETIC SYSTEMS IRC 004104 KINETIC SYSTEMS IRC 004104 KINETIC SYSTEMS INC 003782 MAIN STREET SIGNS 000230 MUNIFINANCIAL 000230 MUNIFINANCIAL 000230 MUNIFINANCIAL 000955 RIVERSIDE CO SHERIFF SW 000357 RIVERSIDE CO TRANSPORTA 000357 RIVERSIDE CO TRANSPORTA 003599 T Y LIN INTERNATIONAL ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT FAC IMPR PRGM:COUNTRY PORCH/RE 280-199-813-5804 5,962.50 SHARP PROJECTOR 320-1970 17,500.00 MISC CABLE & HARDWARE 320-1970 600.00 INSTALLATION CHARGES 320-1970 2,500.00 PROGRAMMING & TRAINING 320-1970 500.00 SALES TAX 320-1970 1,312.50 001-172-999-5255 MAY ANIMAL CONTROL SVCS DISASTER NET RADIO:STATION 84 001-110-999-5278 DISASTER NET RADIO:S.W.CENTER 001-110-999-5278 DISASTER NET RADIO:CRC 001-110-999-5278 INSTALLATION OF DISASTER RADIO 001-110-999-5278 SALES TAX 001-110-999-5278 7,777.79 YEAR 8 PAYMENT PER OPA 1,184.00 1,217.00 1,268.00 2,160.00 275.18 TEMP HELP W/E 06/01 VOSHALL TEMP HELP W/E 06/01 NAJ~SEH 280-199-999-5276 300,000.00 001-161-999-5118 2,204.90 001-161-999-5118 9,649.75 MAY PLAN CHECK REVIEW SVCS 001-162-999-5248 INSTALL PVC FENCING:R.C.PARK 193-180-999-5416 RETENTION:R.C.PRK PVC FENCING 193-2035 20,537.63 REPAIR GYM UNIT#2 COMPRESSOR REPAIR TIMER/OVRDRIVE SWITCH REPAIR CITY HALL HVAC 25,000.00 2,500.00- 190-182-999-5416 6,743.00 190-182-999-5416 2,500.00 340-199-701-5215 64.00 STREET NAME SIGN REPLACEMENTS 001-164-601-5244 TCSD PUBL.NTCS FOR RATES/CHRGS 192-180-999-5256 TCSD PUBL.NTCS FOR RATES/CHRGS 193-180-999-5256 TCSD PUBL.NTCS FOR RATES/CHRGS 194-180-999-5256 ROD RUN 2001 PATROL SVCS 001-170-999-5370 H~ 795 TRAVEL LANE:PALA/I-15 001-2030 APR-JUN TRF SGNL/LIGHT MNTC SV 001-164-602-5405 5/05-6/01DSGN BVC:RC BRDG WID 210-165-710-5802 13,165.90 4,900.00 3,611.22 1,200.00 22,685.46 121,000.00 20,721.00 30,787.34 5,962.50 22,412.50 7,777.79 6,104.18 300,000.00 11,854.65 20,537.63 22,500.00 9,307.00 13,165.90 9,711.22 22,685.46 141,721.00 30,787.34 TOTAL CHECKS 624,527.17 ITEM 4 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE./'~-~ CITY MANAGER ~' CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance July 10, 2001 City Treasurer's Report as of May 31,2001 PREPARED BY: Tim McDermott, Assistant Finance Director"'~ Pascale Brown, Senior Accountant RECOMMENDATION: May 31, 2001. That the City Council receive and file the City Treasurer's Report as of DISCUSSION: Reports to the City Council regarding the City's investment portfolio, receipts, and disbursements are required by Govemment Code Sections 53646 and 41004 respectively. Attached is the City Treasurer's Report which provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of May 31, 2001. FISCAL IMPACT: None Attachments: 1. City Treasurer's Report as of May 31, 2001 City of Temecula City Treasurer's Report As of May 31, 2001 Cash Activit~ for the Month of May: Cash and Investments as of May 1, 2001 Cash Receipts Cash Disbursements Cash and Investments as of May 31, 2001 60,702.063 11,507.663 (4,740,986) 67,468,739 Cash and Investments Portfolio: Type of Investment Institution Yield Petty Cash City Hall n/a General Checking Union Bank n/a Sweep Account Union Bank 3.210 (Money Mad<et Account) (Highmad< U.S. Treasury) Benefit Demand Deposits Union Bank n/a Local Agency Investment Fund State Treasurer 5.328 Certificate of Deposit Community Bank 4.360 (Retention Escrow) Vadous U.S. Bank Vadous (Retention Escrow) Checking Account Union Bank n/a (Pad<lng Citations) Trust Accounts- CFD 88-12 U.S. Bank (First Am. Treasury) 4.300 (Money Mad<et Account) Reserve Account- CFD 88-12 CDC Funding Corp 5.430 (Investment Agreement) Delinq. Main. Reserve Account - CFD 88-12 CDC Funding Corp 5.422 (Investment Agreement) TnJst Accounts- CFD 98-1 U.S. Bank (First Am. Treasury) 4.300 (Money Mad<et Account) Reserve Account- CFD 98-1 State Treasurer 5.328 (Local Agency Investment Fund) Trust Accounts-TCSD COPs U.S. Bank (First Am. Treasury) 4.300 (Money Mad<et Account) Reserve Account-TCSD COPs Bayerische Landesbank 6.870 (Investment Agreement) Trust Accounts-RDA Bonds U.S. Bank (First Am. Treasury) 4.300 (Money Mad<et Account) Reserve Account-RDA Bonds Bayedsche Landesbank 7.400 (Investment Agreement) Maturity/ Termination Date Contractual/ Mad<et Value Pa#Book Balance 9/1/2017 10/1/2012 ~1/2013 $ 1,500 $ 1,500 186,657 186,657 (1) 685 61,569,263 275,005 249,045 6,255 251,825 1,531,469 500,000 624 943,400 290 502,690 1,111 1,448,920 685 61,569.263 (2) 275,005 249,045 6,255 251.825 1.531,469 500,000 624 943,400 290 502,690 1.111 1,448,920 $ 67,468,739 (1 }-This amount is net of outstanding checks. (2}-At May 31, 2001 total mad<et value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $48,381,005,641. The City's proportionate share of that value is $61,797,919. All investments are liquid and currently available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. ITEM 5 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY Die. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance July 10, 2001 City Treasurer's Statement of Investment Policy PREPARED BY: Tim McDermott, Assistant Finance Director RECOMMENDATION: That the City Council adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity and yield for City funds. DISCUSSION: The California legislature has passed legislation imposing a State- mandated local program requiring the treasurer or chief fiscal officer to render an annual statement of investment policy to the legislative body of the local agency and to render a quarterly report containing specified information regarding investments and deposits to the chief executive officer and the legislative body of the local agency. The attached Treasurer's Statement of Investment Policy conforms with the requirements and guidelines established by the California Municipal Treasurer's Association and the California Society of Municipal Finance Officers. The City of Temecula currently invests primarily 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 over yield. It should be noted that LAIF is prohibited by state code from investing in certain derivative products such as inverse floaters. IAIF investment policy also puts constraints on the use of reverse repurchase agreements. Government Code Section 16429.3 states that "money placed with the State Treasurer for deposit in LAIF by cities, counties, or special districts shall not be subject to impoundment or seizure by any state official or state agency". The attached investment policy reflects no changes from the previous policy adopted by the City Council on July 11, 2000. FISCAL IMPACT: None ATTACHMENTS Proposed Investment Policy California Government Code Sections 53600, 53601, 53635, 53646 CITY OF TEMECULA INVESTMENT POLICY INTRODUCTION 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 are: 1. To protect the principal monies entrusted to this office 2. To provide sufficient liquidity to meet normal operating and unexpected expenditures 3. To assure compliance with all Federal, State, and Local laws governing the investment of monies under the control of the City Treasurer 4. To generate a maximum amount of investment income within the parameters of prudent risk management and consistent with the above policies The monies entrusted to the City Treasurer (referred to as the "Fund" throughout the remainder of this document) will be invested, administered, and reported in a timely and prudent manner. The City Treasurer and staffwill observe, review, and react to changing conditions that affect the Fund. The authority to execute investment transactions that will affect the Fund will be limited to: · City Manager, Assistant City Manager, Deputy City Manager, Assistant to the City Manager or City Clerk and · Director of Finance acting together The Director of Finance will meet on a regular basis with the City Manager to discuss current market conditions, future trends, and to plan investment strategy to meet the City's fiscal objectives. The policy stated below 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 CITY OF TEMECULA INVESTMENT POLICY SCOPE In accordance with Ordinance No. 90-2 of the City Council of the City of Temecula and as prescribed by Section 41000 through 41007 of the Government Code of the State of California, the City Treasurer is responsible for investing the unexpended cash in the City Treasury. OBJECTIVES A. Safety of Principal 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 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 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. Return on Investment 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. 2 CITY OF TEMECULA INVESTMENT POLICY III IV V VI 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 53635. 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 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, investment security dealers and the State of California Local Agency Investment Fund. The dealers must be primary dealers regularly reporting to the New York Federal Reserve Bank. Exceptions to this rule will be made only after thorough research and documented confirmation of financial strength and reputation and after approval by the City Council. 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 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. 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." 3 CITY OF TEMECULA INVESTMENT POLICY The City is further governed by the California Government Code, Sections 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 pled,qed 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 Government National Mortgage Association (GNMA), the Federal Farm Credit Bank System (FFCB), the Federal Home Loan Bank Board (FHLB), and the Federal National Mort,qa,qe Association (FNMA). 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 exchanqe or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances. Banker's acceptances purchased may not exceed 270 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 ranked "PI" by Moody's Investor Services and "Al +" by Standard and Poor's, and issued by a domestic corporation having assets in excess of $500,000,000 and having an "A" or better rating on its Ion,q-term debentures as provided by Moody's or Standard and Poor's. 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. Negotiable certificates of deposit issued by nationally or state-chartered banks or state or federal savin,qs 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. 4 CITY OF TEMECULA INVESTMENT POLICY Repurchase A.qreements. 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 not 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 A,qency 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. The City may invest in non-negotiable time deposits collateralized in accordance with the California Government Code, in those banks and savings and loan associations that meet the requirements for investment in negotiable certificates of deposit. Since time deposits are not liquid, no more than 15% of the portfolio may be invested in this category. The issuer firm 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 issuer must have a minimum 6% net worth to assets ratio or the minimum ratio established by the Comptroller of the Currency. The issuer's operation must have been profitable during their last reporting period. 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, companies selling money market funds must have an investment advisor with not less than five years experience and that is registered with the SEC, has the highest ranking available as evaluated by a nationally recognized rating service, and with assets in excess of $500 million. 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. CITY OF TEMECULA INVESTMENT POLICY VII INELIGIBLE INVESTMENTS Investments not described herein, including, but not limited to, reverse repurchase agreements, mutual funds, zero coupon bonds, inverse floaters, mortgage backed securities, common stocks and corporate notes and bonds are prohibited from use in the City's investment portfolio. VIII 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. IX 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 matudty 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. X 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. STATE LAW The legislated authority of the Fund is covered in Sections 53600, 53601,53635 and 53646 of the Government Code. Attached are copies of the statutes that determine the maximum parameters of the Fund. It is the policy of the City Treasurer to comply with the State laws governing the Fund. 6 'CA Codes (gov:53600-53609) Page '1 GOVERNMENT CODE SECTION 53600-53609 53600. As used in this article, "local agency" means county, city, city and county, including a chartered city or county, school district, community college district, public district, county board of education, county superintendent of schools, or any public or municipal corporation. 53600.3. Except as provided in subdivision (a) of Section 27000.3, all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. 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. 53600.5. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, the primary objective of a trustee shall be to safeguard the principal of the funds under its control. The secondary objective shall be to meet the liquidity needs of the depositor. The third objective shall be to achieve a return on the funds under its control. 53600.6. The Legislature hereby finds that the solvency and creditworthiness of each individual local agency can impact the solvency and creditworthiness of the state and other local agencies within the state. Therefore, to protect the solvency and creditworthiness of the state and all of its political subdivisions, the Legislature hereby declares that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern. 53601. The legislative body of a local agency having money in a sinking fund of, or surplus money in, its treasury not required for the immediate needs of the local agency may invest any portion of the money that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agency's funds, by book http://www.leginfo.ca..../displaycode?section=gov&group=53001-54000&file=53600-5360 07/05/2000 -CA Codes (gov:53600-53609) Page 2 entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty bank's customer book entry account may be used for book entry delivery. For purposes of this section "counterparty" means the other party to the transaction. A counterparty bank's trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment: (a) Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency. (b) United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (c) Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (d) Bonds, notes, warrants, or other evidences of indebtedness of any local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. (e) Obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank Board, the Tennessee Valley Authority, or in obligations, participations, or other instruments of, or issued by, or fully guaranteed as to principal and interest by, the Federal National Mortgage Association; or in guaranteed portions of Small Business Administration notes; or in obligations, participations, or other instruments of, or issued by, a federal agency or a United States government-sponsored enterprise. (f) Bills of exchange or time drafts drawn on and accepted by a corm~ercial bank, otherwise known as bankers acceptances. Purchases of bankers acceptances may not exceed 270 days maturity or 40 percent of the agency's surplus money that may be invested pursuant to this section. However, no more than 30 percent of the agency's surplus funds may be invested in the bankers acceptances of any one commercial bank pursuant to this section. This subdivision does not preclude a municipal utility district from investing any surplus money in its treasury in any manner authorized by the Municipal Utility District Act (Division 6 (con~aencing with Section 11501) of the Public Utilities Code). (g) Commercial paper of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided for by Moody's Investors Service, Inc., or Standard and Poor's Corporation. Eligible paper is further limited to issuing corporations that are organized and operating within the United States and having total assets in excess of five hundred million dollars ($500,000,000} and having an "A" or higher rating for the issuer's debt, other than commercial paper, if any, as provided for by Moody's Investors http://www.~eginf~.ca..../dispIayc~de?sect~n=g~v&gr~up=53~-54~&~e=536~-536~ 07/05/2000 'CA Codes (gov:53600-53609) Page 3 - Service, Inc., or Standard and Poor's Corporation. Purchases of eligible commercial paper may not exceed 180 days maturity nor represent more than 10 percent of the outstanding paper of an issuing corporation. Purchases of commercial paper may not exceed 15 percent of the agency's surplus money that may be invested pursuant to this section. An additional 15 percent, or a total of 30 percent of the agency's surplus money, may be invested pursuant to this subdivision. The additional 15 percent may be so invested only if the dollar-weighted average maturity of the entire amount does not exceed 31 days. "Dollar-weighted average maturity" means the sum of the amount of each outstanding commercial paper investment multiplied by the number of days to maturity, divided by the total amount of outstanding commercial paper. (h) Negotiable certificates of deposits issued by a nationally or state-chartered bank or a state or federal association (as defined by Section 5102 of the Financial Code) or by a state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit may not exceed 30 percent of the agency's surplus money which may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposits do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. (i) Il) Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of any securities authorized by this section, as long as the agreements are subject to this subdivision, including, the delivery requirements specified in this section. (2) Investments in repurchase agreements may be made, on any investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlay a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day. (3) Reverse repurchase agreements or securities lending agreements may be utilized only when either of the following conditions are met: (A) The security was owned or specifically committed to purchase, by the local agency, prior to December 31, 1994, and was sold using a reverse repurchase agreement or securities lending agreement on December 31, 1994. (B) The security to be sold on reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale; the total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency not purchased or committed to purchase, prior to December 31, 1994, does not exceed 20 percent of the base value of the portfolio; and the agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. (4) After December 31, 1994, a reverse repurchase agreement or securities lending agreement may not be entered into with securities not sold on a reverse repurchase agreement or securities lending agreement and purchased, or committed to purchase, prior to that date, as a means of financing or paying for the security sold on a reverse repurchase agreement or securities lending agreement, but may only be entered into with securities owned and previously paid for a http://www.leginfo.ca..../displaycode?section=gov&group=53001-54000&file=53600-5360 07/05/2000 · CA Codes (gov:53600-53609) Page 4 minimum of 30 days prior to the settlement of the reverse repurchase agreement or securities lending agreement, in order to supplement the yield on securities owned and previously paid for or to provide funds for the immediate payment of a local agency obligation. Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty by way of a reverse repurchase agreement or securities lending agreement, on securities originally purchased subsequent to December 31, 1994, shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. Reverse repurchase agreements or securities lending agreements specified in subparagraph (B) of paragraph (3) may not be entered into unless the percentage restrictions specified in that subparagraph are met, including the total of any reverse repurchase agreements or securities lending agreements specified in subparagraph (A) of paragraph (3). (5) Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security, may only be made upon prior approval of the governing body of the local agency and shall only be made with primary dealers of the Federal Reserve Bank of New York. (6) (A) "Repurchase agreement" means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty bank's customer book-entry account may be used for book-entry delivery. (B) "Securities," for purpose of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity. (C) "Reverse repurchase agreement" means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements. (D) "Securities lending agreement" means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral. (E) For purposes of this section, the base value of the local agency's pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods. (F) For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings'obtained on the reinvestment of the funds. (j) Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by http://www.leginfo.ca..../displaycode?section=gov&group=53 O0 l_54000&file=53600_5360 07/05/2000 . CA Codes (gov:53600-53609) Page 5 the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated "A" or better by a nationally recognized rating service. Purchases of medium-term notes shall not include other instruments authorized by this section and may not exceed 30 percent of the agency's surplus money which may be invested pursuant to this section. (k) (1) Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (j), inclusive, or subdivisions (m) or (n) and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the company's board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily. (2) Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 and following). (3) If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations. (B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by subdivisions (a) to (j), inclusive, or subdivisions (m) or (n) and with assets under management in excess of five hundred million dollars ($500,000,000). (4) If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations. (B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). (5) The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include any commission that the companies may charge and shall not exceed 20 percent of the agency's surplus money that may be invested pursuant to this section. However, no more than 10 percent of the agency's surplus funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1). (1) Notwithstanding anything to the contrary contained in this section, Section 53635, or any other provision of law, moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, http://www.~eginf~.ca..../disp~ayc~de?secti~n=g~v&gr~up=53~~~-54~~~&~~e=536~~-536~ 07/05/2,)00 · CA Codes (gov:53600-53609) Page 6 indenture, or agreement of the local agency providing for the issuance. (m) Notes, bonds, or other obligations that are at ali times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank which is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Com~nercial Code or federal regulations applicable to the types of securities in which the security interest is granted. (n) Any mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond of a maximum of five years maturity. Securities eligible for investment under this subdivision shall be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by a nationally recognized rating service and rated in a rating category of "AA" or its equivalent or better by a nationally recognized rating service. Purchase of securities authorized by this subdivision may not exceed 20 percent of the agency's surplus money that may be invested pursuant to this section. 53601.1. The authority of a local agency to invest funds pursuant to Section 53601 includes, in addition thereto, authority to invest in financial futures or financial option contracts in any of the investment categories enumerated in that section. 53601.2. Notwithstanding subdivision (g) of Section 53601, the board of supervisors of a county may invest in com~ercial paper of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided for by Moody's Investors Service, Inc., or Standard and Poor's Corporation. Eligible paper is further limited to issuing corporations that are organized and operating within the United States and have total assets in excess of five hundred million dollars ($500,000,000) and an "A" or higher rating for the issuer's debt, other than cor~ercial paper, if any, as provided for by Moody's Investors Service, Inc., or Standard and Poor' s Corporation. Purchases of eligible commercial paper may not exceed 180 days' maturity nor represent more than 10 percent of the outstanding paper of an issuing corporation. Purchases of commercial paper may not exceed 40 percent of the agency's surplus money that may be invested pursuant to this section. No more than 10 percent of the agency's surplus money that may be invested pursuant to this section may be invested in the outstanding paper of any single issuing corporation. 53601.5. The purchase by a local agency of any investment authorized pursuant to Section 53601 or 53601.1, not purchased directly from the issuer, shall be purchased either from an institution licensed by the state as a broker-dealer, as defined in Section 25004 of the Corporations Code, or from a member of a http://www.~eginf~.ca..../disp~ayc~de?secti~n=g~v&gr~up=53~~~-54~~~&fa~e=536~~-536~ 07/05/2000 . CA Codes (gov:53600-53609) Page 7 federally regulated securities exchange, from a national or state-chartered bank, from a federal or state association (as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve bank. 53601.6. (a) A local agency shall not invest any funds pursuant to this article in inverse floaters, range notes, or mortgage derived interest-only strips. (b) A local agency shall not invest any funds pursuant to this article in any security that could result in zero interest accrual if held to maturity. However, a local agency may hold prohibited instruments until their maturity dates. The limitation in this subdivision shall not apply to local agency investments in shares of beneficial interest issued by diversified management companies registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, and following) that are authorized for investment pursuant to subdivision (k) of Section 53601. . CA Codes (gov:53630-53686) Page 8 53635. As far as possible, all money belonging to, or in the custody of, a local agency, including money paid to the treasurer or other official to pay the principal, interest, or penalties of bonds, shall be deposited for safekeeping in state or national banks, savings associations or federal associations, credit unions, or federally insured industrial loan companies in this state selected by the treasurer or other official having the legal custody of the money; or, unless otherwise directed by the legislative body pursuant to Section 53601, may be invested in the investments set forth below. A local agency purchasing or obtaining any securities described in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of all the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agency's funds, by book-entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty bank's customer book entry account may be used for book-entry delivery. For purposes of this section, "counterparty" means the other party to the transaction. A counterparty bank's trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. (a) Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency. (b) United States Treasury notes, bonds, bills, or certificates ~f indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (c) Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (d) Bonds, notes, warrants, or other evidences of indebtedness of any local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. (e) Obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank, the Tennessee Valley Authority, or in obligations, participations, or other instruments of, or issued by, or fully guaranteed as to principal and interest by, the Federal National Mortgage Association; or in guaranteed portions of Small Business Administration notes; or in obligations, participations, or other instruments of, or issued by, a federal agency or a United States government-sponsored enterprise. (f) Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as bankers acceptances. Purchases of bankers acceptances may not exceed 270 days maturity or 40 percent of the agency's surplus funds which may be invested pursuant to this section. However, no more than 30 percent of the agency's surplus funds may be invested in the bankers acceptances of any one commercial bank pursuant to this section. This subdivision does not preclude a municipal utility district from investing any surplus money in its treasury in any manner authorized by the Municipal Utility District Act, Division 6 (commencing with Section 11501) of the Public Utilities Code. (g) Commercial paper of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided for by Moody's http://www.~e~nf~.ca..../disp~ayc~de?secti~n=g~v&gr~up=53~-54~&~e=5363~-5368 07/05/2000 . CA Codes (gov:53630-53686) Page 9 Investors Service, Inc., or Standard and Poor's Corporation. Eligible paper is further limited to issuing corporations that are organized and operating within the United States and having total assets in excess of five hundred million dollars ($500,000,000) and having an "A" or higher rating for the issuer's debt, other than commercial paper, if any, as provided for by Moody's Investors Service, Inc., or Standard and Poor's Corporation. Purchases of eligible co~nercial paper may not exceed 180 days maturity nor represent more than 10 percent of the outstanding paper of an issuing corporation. Purchases of commercial paper may not exceed 15 percent of the agency's surplus money which may be invested pursuant to this section. An additional 15 percent, or a total of 30 percent of the agency's money or money in its custody, may be invested pursuant to this subdivision. The additional 15 percent may be so invested only if the dollar-weighted average maturity of the entire amount does not exceed 31 days. "Dollar-weighted average maturity" means the sum of the amount of each outstanding commercial paper investment multiplied by the number of days to maturity, divided by the total amount of outstanding commercial paper. (h) Negotiable certificates of deposit issued by a nationally or state-chartered bank or a savings association or federal association or a state or federal credit union or by a state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit may not exceed 30 percent of the agency's surplus money which may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (conunencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5, except that the amount so invested shall be subject to the limitations of Section 53638. For purposes of this section, the legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the money are prohibited from depositing or investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or an employee of the administrative officer, manager's office, budget office, auditor-controller's office, or treasurer's office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit. (i) (1) Investments in repurchase agreements or reverse repurchase agreements, or securities lending agreements of any securities authorized by this section, so long as the agreements are subject to this subdivision, including the delivery requirements specified in this section. (2) Investments in repurchase agreements or securities lending agreements may be made, on any investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlay a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day. (3) Reverse repurchase agreements may be utilized only when either of the following conditions'are met: (A) The security was owned or specifically committed to purchase, by the local agency, prior to repurchase agreement on December 31, 1994, and was sold using a reverse repurchase agreement or securities lending agreement on December 31, 1994. (B) The security to be sold on reverse repurchase agreement or http://www.leginfo.ca..../displaycode?section=gov&group=53001-54000&file=53630-5368 07/05/2000 · CA Codes (gov:53630-53686) Page securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale; the total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency not purchased or committed to purchase, prior to December 31, 1994, does not exceed 20 percent of the base value of the portfolio; and the agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. (4) After December 31, 1994, a reverse repurchase agreement or securities lending agreement may not be entered into with securities not sold on a reverse repurchase agreement or securities lending agreement and purchased, or committed to purchase, prior to that date, as a means of financing or paying for the security sold on a reverse repurchase agreement or securities lending agreement, but may only be entered into with securities owned and previously paid for a minimum of 30 days prior to the settlement of the reverse repurchase agreement or securities lending agreement, in order to supplement the yield on securities owned and previously paid for or to provide funds for the immediate payment of a local agency obligation. Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty by way of a reverse repurchase agreement or securities lending agreement, on securities originally purchased subsequent to December 31, 1994, shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. Reverse repurchase agreements or securities lending agreements specified in subparagraph (B) of paragraph (3) may not be entered into unless the percentage restrictions specified in that subparagraph are met, including the total of any reverse repurchase agreements or securities lending agreements specified in subparagraph (A) of paragraph (3). (5) Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security, may only be made upon prior approval of the governing body of the local agency and shall only be made with primary dealers of the Federal Reserve Bank of New York. (6) (A) "Repurchase agreement" means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty bank's customer book-entry account may be used for book-entry delivery. (B) "Securities," for purpose of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity. (C) "Reverse repurchase agreement" means a sale of securities by the local agency pursuant t~ an agreement by which the local agency will repurchase the securities on or before a specified date, and includes other comparable agreements. (D) "Securities lending agreement" means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the http://www.~eginf~.ca..../disp~ayc~de?se~ti~n=g~v&gr~up=53~~~-54~~~&~~e=5363~-5368 07/05/2000 · CA Codes (gov:53630-53686) Page term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral. (E) For purposes of this section, the base value of the local agency's pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts'obtained through selling securities by way of reverse repurchase agreements or other similar borrowing methods. (F) For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement or securities lending agreement and the earnings obtained on the reinvestment of the funds. (j) Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated "A" or better by a nationally recognized rating service. Purchases of medium-term notes shall not include other instruments authorized by this section and may not exceed 30 percent of the agency's surplus money which may be invested pursuant to this section. (k) (1) Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (j), inclusive, or subdivision (1) or (m) and that comply with the investment restrictions of this article and Article 1 (co~aencing with Section 53600). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the company's board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily. (2) Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Comm/ssion under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 and following). (3) If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations. (B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by subdivisions (a) to (j), inclusive, or subdivision (1) or (m) and with assets under management in excess of five hundred million dollars ($500,000,000). (4) If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations. (B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Com~ission with not less than five years' experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). (5) The purchase price of shares of beneficial interest purchased http://www.leginfo.ca..../displaycode?section=gov&group=53001-54000&file=53630-5368 07/05/2000 ~ CA Codes (gov:53630-53686) Page 12 pursuant to this subdivision shall not include any corm/~ssion that the companies may charge and shall not exceed 20 percent of the agency's surplus money that may be invested pursuant to this section. However, no more than 10 percent of the agency's surplus funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1). (1) Notes, bonds, or other obligations which are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank which is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted. (m) Any mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond of a maximum of five years maturity. Securities eligible for investment under this subdivision shall be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by a nationally recognized rating service and rated in a rating category of "AA" or its equivalent or better by a nationally recognized rating service. Purchase of securities authorized by this subdivision may not exceed 20 percent of the agency's surplus money that may be invested pursuant to this section. 53635.2. Notwithstanding subdivision (g) of Section 53635, the board of supervisors of a county may invest in commercial paper of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided for by Moody's Investors Service, Inc., or Standard and Poor's Corporation. Eligible paper is further limited to issuing corporations that are organized and operating within the United States and have total assets in excess of five hundred million dollars ($500,000,000) and an "A" or higher rating for the issuer's debt, other than commercial paper, if any, as provided for by Moody's Investors Service, Inc., or Standard and Poor' s Corporation. Purchases of eligible commercial paper may not exceed 180 days' maturity nor represent more than 10 percent of the outstanding paper of an issuing corporation. Purchases of commercial paper may not exceed 40 percent of the agency's surplus money that may be invested pursuant to this section. No more than 10 percent of the agency's surplus money that may be invested pursuant to this section may be invested in the outstanding paper of any single issuing corporation. 53635.5. The purchase by a local agency of any investment authorized pursuant to Section 53635, not purchased directly from the issuer, shall be purchased either from an institution licensed by the state as a broker-dealer, as defined in Section 25004 of the Corporations Code, or from a member of a federally regulated securities exchange, from a national or state-chartered bank, from a savings association or a federal association, or from a brokerage firm designated as a primary government dealer by the Federal Reserve bank. http://www, leginfo.ca..../displaycode?section=gov&group=53001-54000&file=53630-5368 07/05/2000 · CACodes (gov:53630-53686) Page 13 53635.7. In making any decision that involves borrowing in the amount of one hundred thousand dollars ($100,000) or more, the legislative body of the local agency shall discuss, consider, and deliberate each decision as a separate item of business on the agenda of its meeting as prescribed in Chapter 9 (commencing with Section 54950). As used in this section, "borrowing" does not include bank overdrafts. 53636. Money so deposited is deemed to be in the treasury of the local agency. 53637. The money shall be deposited in any bank, savings association or federal association, state or federal credit union, or federally insured industrial loan company with the objective of realizing maximum return, consistent with prudent financial management, except that money shall not be deposited in any state or federal credit union'if a member of the legislative body of a local agency, or any person with investment decisionmaking authority of the administrative office, manager's office, budget office, auditor-controller's office, or treasurer's office of the local agency, also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or supervisory committee, of the state or federal credit union. 53638. (a) The deposit shall not exceed the shareholder's equity of any depository bank. For the purposes of this subdivision, shareholder's equity shall be determined in accordance with Section 118 of the Financial Code, but shall be deemed to include capital notes and debentures. (b) The deposit shall not exceed the total of the net worth of any depository savings association or federal association, except that deposits not exceeding a total of five hundred thousand dollars ($500,000) may be made to a savings association or federal association without regard to the net worth of that depository, if such deposits are insured or secured as required by law. (c) The deposit to the share accounts of any regularly chartered credit union shall not exceed the total of the unimpaired capital and surplus of the credit union, as defined by rule of the Commissioner of Financial Institutions, except that the deposit to any credit union share account in an amount not exceeding five hundred thousand dollars ($500,000) may be made if the share accounts of that credit union are insured or guaranteed pursuant to Section 14858 of the Financial Code or are secured as required by law. (d) The deposit in investment certificates of a federally insured industrial loan company shall not exceed the total of the unimpaired capital and surplus of the insured industrial loan company. 53639. Except as otherwise provided in Section 53682, the depository shall bear the expenses of transportation of money to and from the depository. 53640. Except as otherwise provided in Section 53682, the http://www.leginfo.ca..../displaycode?secfion=gov&group=53001-54000&file=53630.5368 07/05/2000 - CA Codes (gov:53630-53686) Page depository shall handle, collect, and pay all checks, drafts, and other exchange without cost to the local agency. 53641. When money is deposited in a depository, the treasurer or other authorized official shall take and preserve a receipt, certificate of deposit, or other evidence of the deposit as he or she requires. 53642. The money deposited may be drawn out by check or order of the treasurer or other official authorized to make such deposit. 53643. The treasurer may deposit any part of the money as agreed upon between the treasurer and the depository. 53644. If an agreement is not made: (a) Active deposits and interest thereon are subject to withdrawal upon the demand of the treasurer or other authorized official, subject to any penalties which may be prescribed by federal law or regulation. (b) Inactive deposits are subject to notice of at least thirty days before withdrawal. 53645. Interest shall be computed and paid by the depository, as follows: (a) For active deposits upon which interest is payable, interest shall be computed on the average daily balance for the calendar quarter, and shall be paid quarterly. (b) For inactive deposits, interest shall be computed on a 360-day basis, and shall be paid quarterly. 53646. (a) (1) In the case of county government, the treasurer shall annually render to the board of supervisors and any oversight committee a statement of investment policy, which the board shall review and approve at a public meeting. Any change in the policy shall also be reviewed and approved by the board at a public meeting. (2) In the case of any other local agency, the treasurer or chief fiscal officer of the local agency shall annually render to the legislative body of that local agency and any oversight committee of that local agency a statement of investment policy, which the legislative body of the local agency shall consider at a public meeting. Any change in the policy shall also be considered by the legislative body of the local agency at a public meeting. (b) (1) The treasurer or chief fiscal officer shall render a quarterly report to the chief executive officer, the internal auditor, and the legislative body of the local agency. The quarterly report shall be so submitted within 30 days following the end of the quarter covered by the report. Except as provided in subdivisions (e) and (f), this report shall include the type of investment, issuer, date of maturity par and dollar amount invested on all securities, investments and moneys held by the local agency, and shall additionally include a description of any of the local agency's http://www.leginfo.ca..../displaycode?section=gov&group=53001 _54000&file=53630_5368 07/05/2000 CACodes (gov:53630-53686) Page 15 funds, investments, or programs, that are under the management of contracted parties, including lending prograz~s. With respect to all securities held by the local agency, and under management of any outside party that is not also a local agency or the State of California Local Agency Investment Fund, the report shall also include a current market value as of the date of the report, and shall include the source of this same valuation. (2) The quarterly report shall state compliance of the portfolio to the statement of investment policy, or manner in which the portfolio is not in compliance. (3) The quarterly report shall include a statement denoting the ability of the local agency to meet its pool's expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may, not be available. (4) In the quarterly report, a subsidiary ledger of investments may be used in accordance with accepted accounting practices. (c) Pursuant to subdivision (b), the treasurer or chief fiscal officer shall report whatever additional information or data ~y be required by the legislative body of the local agency. (d) The legislative body of a local agency may elect to require the report specified in subdivision (b) to be made on a monthly basis instead of quarterly.. (e) For local agency investments that have been placed in the Local Agency Investment Fund, created by Section 16429.1, in National Credit Union Share Insurance Fund-insured accounts in a credit union, in accounts insured or guaranteed pursuant to Section 14858 of the Financial Code, or in Federal Deposit Insurance Corporation-insured accounts in a bank or savings and loan association, in a county investment pool, or any combination of these, the treasurer or chief fiscal officer may supply to the governing body, chief executive officer, and the auditor of the local agency the most recent statement or statements received by the local agency from these institutions in lieu of the information required by paragraph (1) of subdivision (b) regarding investments in these institutions. (f) The treasurer or chief fiscal officer shall not be required to render a quarterly report, as required by subdivision (b), to a legislative body or any oversight committee of a school district or county office of education for securities, investments, or moneys held by the school district or county office of education in individual accounts that are less than twenty-five thousand dollars ($25,000). ITEM 6 APPROVAL CITY ATTORNEY DIR. OF FINANCE~r- CITY MANAGER ~/ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance~.~ July 10, 2001 Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor) PREPARED BY: Tim McDermott, Assistant Finance Director~'~x RECOMMENDATION: That the City Council adopt Resolution 2001- entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) DISCUSSION: The County of Riverside (the "County") established Community Facilities District No. 88-12 (the "District") in 1989 to finance the acquisition of a park site and improvements to Ynez Road, the Overland Drive overcrossing and other related public improvements. In 1992, the County issued special tax bonds for the District in the principal amount of $18,325,000 (the "Bonds") to finance a portion of the improvements. Effective December 1, 1997, responsibility for the District was transferred from the County to the City. On May 12, 1998 the City Council approved a resolution authorizing the issuance of special tax refunding bonds. On June 25, 1998 special tax refunding bonds in the amount of $18,690,O00 were issued. This refunding will result in savings in debt service costs of approximately $2.3 million over twenty years. The refunding bonds are special, limited obligations payable solely from special taxes levied on property in the District and moneys held under the refunding bond documents. The refunding bonds are in no way general obligations of the City. Each fiscal year a special tax is required to be levied in an amount to meet the total amount of principal and interest payable on the bonds, the estimated amount to be incurred for administrative expenses, and the amount necessary to replenish any reserve funds. This amount will be calculated and divided by the total number of acres of taxable property in the District. The resulting amount per acre will be multiplied by the number of acres in each parcel to produce the amount of the special tax for such parcel for the fiscal year. The calculated special tax required to be levied for the 2001-02 fiscal year is $1,462,079.00. FISCAL IMPACT: The calculated special tax required to be levied for the 2001-02 fiscal year is $1,462,079.00. This amount represents a $76,782.86 or 5.25% decrease from the 2000- 01 special tax levy. Attachments: -Special Tax Calculation Worksheet -Resolution No. 2001- 2 Bonds Outstanding $16,010,000.00 Delinquency Rate for Fiscal Year 1999-00 4.55% Delinquency Rate for Fiscal Year 2000-01 7.94% March '02 Interest September '02 Interest September '02 Principal Total Debt Service Reserve Fund Requirement Current Reserve Fund Balance Deficit (Surplus) Reserve Adjustment Total Obligation 1,531,468.75 1,531,522.00 53.25 430,428.75 430,428.75 665,000.00 1,525,857.50 (53.25) ,525,804.25 Fiscal Agent (Series 1998) thru 9/2002 Tax Consultant 0Nebb) Auditor -Controller Foreclosure Counsel Sales Tax Admin Arbitrage Calculations (Series 1992 final) Arbitrage Calculations (Series 1998 interim) City Administration Total Administration Prior Year Current Year Actual Levy 3,500.00 6,000.00 176.00 6,604.00 3,000.00 2,500.00 2,500.00 30,000.00 54,280.00 4,000.00 6,000.00 200.00 20,000.00 3,000.00 30,000.00 63,200.00 Total Obligation Total Administration Prior Year Deficit (Surplus) 1,525,804.25 63,200.00 (126,925.25) Total Requirement 1,462,079.00 Administration % of Levy Maximum Authorized Tax 7,915,567.66 City's % of Levy FY 2000-01 Levy 1,538,861.86 Difference (76,782.86) 4.32% 2.05% -5.25% o7/o2/20Ol ACCOUNT DESCRIPTION ACCOUNT FUNDS BALANCE AVAILABLE As of 6/30/01 FOR SEPT P & I Special Tax Fund Delinquency Maintenance Fund Reserve Fund Bond Fund Administrative Account 1,212,119,00 1,212,119.00 632,554.00 1,531,522.00 275.00 275.00 46,167.00 Total Funds Available Collection Subtotal Funds Needed for Sept. P & I 3,422,637.00 1,212,394.00 1,212,394.00 1,085,468.75 Other Sources: Reserve Fund Delinquency Maintenance Fund Administrative Account 1,531,522.00 632,554.00 46,167.00 Total of Other Sources 2,210,243.00 07/02/2001 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) WHEREAS, the City Council of the City Of Temecula is the legislative body for Community Facilities District No. 88-12 (Ynez Corridor), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"); and WHEREAS, Board of Supervisors of the County of Riverside has enacted Ordinance No. 690 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, acting as the legislative body for Community Facilities District No. 88-12 (Ynez Corridor) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. 98-41 and County of Riverside Ordinance No. 690, there is to be levied an aggregate special tax of $1,462,079.00 on the parcels which comprise the CFD for Fiscal Year 2001-02 as set forth on a magnetic tape to be provided by Albert A. Webb Associates to the Auditor-Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by County of Riverside Ordinance No. 690, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: Payment of principal and interest on the outstanding authorized bonded indebtedness. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. 98-41 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 5. 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. 88-12 (Ynez Corridor)" on the next County assessment roll on which taxes will become due. Section 6. 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 7. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 10th day of July, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 10th day of July, 2001, by the following vote of the City Council: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk ITEM 7 APPROVAL CITY ATTORNEY DIR. OF FINANC~~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council James Domenoe, Chief of Police July 10, 2001 Purchase of Police Motorcycles Prepared by: John Gollogly, Lieutenant Recommendation: That the City Council approve the purchase of two (2) police motorcycles from Quaid Harley Davidson for a total amount of $36,948.76 Discussion: These motorcycles are replacements for the aging Kawasaki motorcycles presently being used by the motorcycle officers for City patrol and enforcement activities. The Kawasaki motorcycles have high mileage and are requiring repairs on a regular basis. The replacement of police motorcycles generally occurs at 42,000 miles. Both of the motorcycles in need of replacement have exceeded that number of miles considerably. In April and May 2001, a review was conducted of motorcycles generally used for police service. Reviewed were the BMW, Harley Davidson and Kawasaki and many factors were considered. Quaid Harley Davidson was determined to be the most cost effective option because of the performance factors and the "buy back" program. After considering the purchase buy back program with Quaid Harley Davison the net cost to the City is $14,948.76 for both motorcycles. Essentially, both motomycles will be purchased back from the City after three years for a total amount of $22,000. A request for quote was sent to three (3) Harley Davidson authorized dealers. Staffwas in communication with all of the vendors to ensure a complete understanding of the RFP and bid process. Additionally, the location of the Quaid dealership allows for prompt service for any scheduled or unscheduled repairs. Vendors Model Purchase Price CostAfter Buy Back Quaid Harley Davidson Skip Fordyce Motorcycle Center Harley's House of Harley's Police Road King $18,474.38 $7,474.38 Police Road King $18,303.88 $8,503.88 Police Road King $19,157.77 $9,157.77 Fiscal Impact: On February 27, 2001 the City Council authorized the use of these funds to purchase equipment for the Police Department with Local Law Enforcement Block Grant funds. Adequate funds are available in the Police Department operating budget for this purchase. Attachment: Motorcycle Vendor List Motorcycle Vendor List Harley's House of Harley's 555 South Coast Highway, Oceanside, CA 92054 Skip Fordyce Motorcycle Center 7840 Indiana Ave, Riverside, CA 92504 Quaid -Temecula Harley-Davidson 28822 Front St, #205-207 Temecula, CA 92590 ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN~'E_.~___ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony J. EImo, Chief Building Official ~ July 10, 2001 Contract Inspection Services for Building and Safety RECOMMENDATION: That the City Council approve an Agreement for Consultant Services with P & D Consultants, in an amount not to exceed one hundred sixty five thousand dollars ($165,000), to provide supplemental building inspection services to the Building and Safety Department. DISCUSSION: The City continues to experience a high level of construction activity. This request is for continuance of contract inspection assistance provided to the City by P & D Consultants. P & D has provided this service for approximately three (3) years to date. FISCAL IMPACT: Funds are currently available in Account No. 001-162-999-5118, "Temporary Help", for this purpose. Expenditures from this account are offset by building permit revenue collection. No further appropriation of funds will be necessary for this purpose. R: %BROCKMEIIAGENDA\P&D CONSU£TANTSO0. DOC ~ 7/3/01 CITY OFTEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of July 10, 2001, between the City of Temecula, a municipal corporation ("City") and P & D Consultants, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 10, 2001, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2002, unless sooner terminated pursuant to the previsions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred Sixty Five Thousand ($165,000) Dollars for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing bythe City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OFCONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, 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, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the rouse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which .the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non- contractural, 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. 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) (2) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) (2) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectJlocation or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insure¢s liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating of no less than ^:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City 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 or agents 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. t2. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive -5- r:brockm e~agmt s~P&D00 Temecula, California 92590 Attention: City Manager To Consultant: P & D Consultants 999 Town & Country Road 4th Floor Orange, CA 92868 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the city. 9. 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 of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. t9. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Jeff Commerchero, Mayor Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT P & D Consultants By Steven L. Patterson, Associate V.P. -7- r:brockme~agmt sXP&DO0 EXHIBIT A TASKS TO BE PERFORMED Perform combination building inspection on an as-needed basis. EXHIBIT B PAYMENTSCHEDULE For and in consideration of the Contractor's services, inspection services shall be provided at the rate of $45.00 per hour, plus $.32 per mile for each mile accumulated while performing inspection services for the City. Should the City provide vehicular transportation for Contractor's use, no fees shall be charge for mileage. -9- r:brockme~Mgmt s~P&D00 ITEM 9 APPROVAL ~.4, ,-¢'"'"'-' CITY ATTORNEY DIREi~TOR OF FINAI~CE4~i~_~_- CITY MANAGER . TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Grant Yates, Assistant to the City Manager July 10, 2001 David Turch & Associates contract amendment PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council approve the contract amendment for Federal legislative services to be provided by David Turch & Associates in the amount of $30,000 with an additional $2,500 for reimbursement for all ordinary & reasonable expenses incurred on the City's behalf. BACKGROUND: David Turch & Associates have been providing Federal legislative lobbying services for the City since 1997. On July 1,1999, the City Council approved the second amendment to extend their existing contract for one year, expiring June 30, 2000. In the past, David Turch & Associates have provided great assistance in obtaining Federal funds. David Turch & Associates have assisted us with lobbying efforts and have been instrumental in obtaining ~Jnding on the following projects: Overland Bridge Overcrossing (TEA 21)- $3,750,000.00 Pierce's Disease (House Appropriations FY2001)- $ 2,000,000.00 Pierce's Disease (Agricultural Research Svcs)- $1,100,000.00 Murrieta Creek (Flood Control 1999)- $100,000.00 Bus Shelters (FY 2001 )- $200,000.00 Possible Grant Funding still pending (FY2001-02): Murrieta Creek ~$1,000,000.00 Pala Road -$4,000,000.00 Projects currently being requested for funding by David Turch & Associates include: the Old Town Theater, Temecula Beltway Project, 1-15/Hwy 79 South Ultimate Interchange, Job Skills and Commuter Census, Sports Complex, Vail Ranch Middle School Basketball Lighting, and the Temecula Library. It is staff's recommendation to extend the contract one-year with David Turch and Associates. Total costs for one year of service is $30,000. FISCAL IMPACT: Contract costs increased $2,000 from last year and per the Amendment, the City agrees to reimburse Consultant for ali ordinary & reasonable expenses incurred on our behalf. In anticipation of this reimbursement, the City has budgeted an additional $2,500. Appropriate funding has been budgeted in the amount of $32,500 in 001-999-110-5248. FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND DAVID TURCH AND ASSOCIATES THIS AMENDMENT is made and entered into as of July 1, 2001 by and between the City of Temecula, a municipal corporation ("City") and David Turch and Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This gnnendment is made with respect to the following facts and purposes: On May 27, 1997 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services" ("Agreement"). On June 23, 1998, the First Amendment to this Agreement was approved to extend the Agreement to terminate on June 30, 1999, and to increase the annual amount to $28,000. On July 1, 1999, the Second Amendment to this Agreement was approved to extend the Agreement to terminate on June 30, 2000. On July 25, 2000, the Third Amendment to this Agreement was approved to extend the Agreement to terminate on June 30, 2001. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement is hereby amended to read as follows: "1. TERM. This Agreement shall commence on July 1, 2001 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2002, unless sooner terminated pursuant to the provisions of this Agreement." 3. Section 4 of the Agreement will remain unchanged to read as follows: "4. PAYMENT. The City agrees to pay Consultant Thirty Thousand ($30,000) per year. Such compensation is to be paid according to the following schedule: The first month's payment of Two Thousand Five Hundred Dollars ($2,500) to accompany this contract amendment. Thereafter, each month's payment of Two Thousand Five Hundred Dollars ($2,500) is agreed to be due and payable, without additional notice or demand, on or before the first day of each calendar month, beginning on August 1, 2000. The final month payment due on June 1, 2002, shall be in the amount of Two Thousand Five Hundred Dollars ($2,500). Expenses: City agrees to reimburse Consultant for all ordinary and reasonable expenses incurred on its behalf. Consultant agrees to bill Temecula monthly for such expenses, such billing to be mailed on or before the fifth day of each calendar month. Such expense statements are agreed to be paid by Temecula on or before the fifteenth day of the calendar month following such billing." Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Jeff Comerchero, Mayor ATTEST: BY: Susan W. Jones, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT BY: NAME: TITLE: CITY OF TEMECULA AGRE~NT FOR CONSULTANT SERVICES ~ THIS AGREEMENT, is made and effective as of May 27, 1997 between the City of Temecula, a municipal corporation ("City"), and David Turch and Associates ("Consultant"). In consideration of the mutual covenants and .conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 1997 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 1998, unless sooner terminated pursuant to the provisions of this Agreement. 2. ~]I_YIC,~. Consultant shall perform the 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. EF.~Q~. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices ufiliTed by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. a. The City agrees to pay Consultant Twenty-Four Thousand Dollars ($24,000) per year. Such compensation is to be paid according to the following schedule: The first month's payment of Two Thousand Dollars ($2,000) to accompany this contract. Thereafter, each month's payment of Two Thousand Dollars is agreed to be due and payable, without additional notice or demand, on or before the first day of each calendar month beginning on July 1, 1997. Expenses: City agrees to reimburse Consultant for all ordinary and reasonable expenses incurred on its behalf. Consultant agrees to bill Temecula monthly for such expenses, such billing to be mailed on or before the fifth day of each calendar month. Such expense statements are agreed to be paid by Temecula on or before the fifteenth day of the calendar month following such billing. L,~.: 136829.2 P:.~g~x~\tu~h.9'/ -1- Revised 9/18/95 SUSPENSION OR TERMINATION OF AGREEM~ENT WITHOUT CAUSE. a. The agreement may be cancelled at the option of City. City agrees to pay 15% of the remaining value of the first year of this contract, had this contract remained in full force and effect. After the first year and for any other extensions, no "drop fee" will be required. 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 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (I0) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNI~R~qltlP 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 therefrom as I~X2:136829.2 p:~ag~m~a~tu~h,97 -2= ~ 9118195 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, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to {his 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 Io computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. ~. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REOUIREM~NTS. Consultant shall procure and maintain for the duration of the contract general liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees in an aggregate amount of not less than One Million Dollars ($1,0130,000). City Manager shall verify the amount of coverage. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents 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. I. AX2:136829.2 p:~nne~tu~h.~/ -3- R*vis*d 9/18/95 Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at ail times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. ]RF~I.EASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. ]~[_O~. 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, LAX2:I36829.2 p:~qr~mal~m~ch.97 -4- ~.~,i~ ~nsm Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 P. O. Box 9033 Temecula, California 92589-9033 Attention: Ronald E. Bradley, City Manager To Consultant: David Turch and Associates 517 2nd Street Northeast, Washington D.C. 20002 Attn: David Tui'ch 14. ~. 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. 15. IJ~. 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 th!s Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 16. 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. 17. AUTHORII~ TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. LA.a~:I36829.2 p:~agmmaenlatrch.97 -5- R~ised 9/15/95 IN WITNESS wm~REOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Patricia H. Birdsall Mayor Attest: City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTANT David Turch President By: EXHIBIT A TASKS TO BE PERFORMED City hereby engages the services of Consultant to advise, counsel and represent Temecula with, princilSally but not limited to, its affairs with the Legislative and Executive Branches of the Federal Government. Consultant hereby agrees to faithfully and to the best of its ability, promote and represent Temecula and its interests with, principally but not limited to, the advancement of federal legislative proposals, grants and funding sources for transportation, economic development and emergency preparedness which could have a substantial impact on Temecula or the conduct of its operations. It is further understood and expected, that from time to time, or on a continuing basis, other tasks, whether general or specific, may he requested and performed by the mutual consent of the parties. Adjustments to the compensation schedule, if any, for such other tasks shall he mutually agreed to by the parties on a case by case basis. LAX2:l~6829.2 p:~agt~mm~tm~h.97 -7- R,vised 9/18/95 ITEM 10 APPROVAL CITY ATTORNEY DIRECTOR OF FINAIqCE.~._ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City C~ Grant'~es, Assistant to the City Manager July 10, 2001 Maintenance Facility office/workstation furnishings PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council: Approve the attached contract in the amount of $83,061 to purchase refurbished modular workstations and space planning services from Business Furniture Solutions BACKGROUND: With the current construction and expansion of the Maintenance Facility, City staff recently issued a Request for Proposal (RFP) to 15 vendors for private office furnishings, modular workstations and space planning. From a response of-8 vendors, several were selected to participate in an interview process and represent their respective company. Based on several criteria, which included: · Qualifications of Project Team · Firm's Capabilities · Project Understanding and Approach and · Allowing the City to be credited for existing modular panels and use of existing inventory where appropriate City staff recommends utilizing Business Fumiture Solutions (BFS) to supply all refurbished modular furnishings and use current modular inventory where appropriate, for the Maintenance Facility expansion. BFS is a very well qualified firm in conducting office modifications and is also located locally in Murrieta. This expansion includes a total of 37 workstations, chairs, lateral files, and flat files for the Building and Safety Department, Public Works, TCSD and the City Clerk's Department. In addition, BFS will utilize existing inventory of modular furnishings wherever applicable and will also provide a buy-back credit for the remaining unused panels, reducing the City's inventory, which reduces our current storage challenges. Staff has met with all the departments involved in this relocation and has finalized the attached space plan with respect to location and dimensions ofworkstations. FISCAL IMPACT: This contract is funded through the Maintenance Facility Renovation program with the Capital Improvement Program for $83,061. Adequate funds are available for the contract amount. Attachments: Business Furniture Solutions Space Plan, Quote & Contract CITY OF TEMECULA PURCHASE AND INSTALLATION AGREEMENT MAINTENANCE FACILITY MODULAR FURNISHINGS This Purchase and Installation Agreement ("Agreement") is made and entered into as of July 10, 2001 by and between the City of Temecula ("City"), a municipal corporation, and Business Furniture Solutions ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Equipment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to design, manufacture, sell, deliver and install to the City one emergency generator for City Hall as more particularly described in Exhibit A, Description of Equipment, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 2. Purchase/Installation Price. The Purchase and installation price which City agrees to pay to Vendor for the design, manufacture and installation of furniture, is Eighty- Three Thousand, Sixty One Dollars and No Cents ($83,061.00) The Purchase price is final and shall be paid by City to Vendor in accordance with the following schedule: Net 30 day upon receipt of invoice from the Vendor and acceptance by the City. 3. Chan.qe 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. 4. Scope of Work. Vendor shall design, manufacture, and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Work"). Vendor shall provide and furnish all design sketches, labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Vendor have been duly authorized by ail necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operatinq Condition. Vendor has good and marketable title to all of the Equipment designed, manufactured and installed. All of the R:\volimum\agreements.all\emergency generator.2001 Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware the City is purchasing the Equipment for use as an emergency back-up generator for electrical power to City Hall and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Futl Disclosure. None of the representations and warranties made by Vendor in this Agreement contain, or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 6. Performance. Vendor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. Installation of the Equipment shall be performed by a licensed contractor. 7. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. The City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8, Time of Delivery. be completed by December 1, 2001. The date and time of delivery of the furniture shall 9. Place of Delivery. The Equipment shall be delivered to this location: 43200 Business Park Drive, Temecula, California. Omsite installation date and time must be pre-approved by City. 10. Rejection. In the event of such notice of non-conformity by City pursuant to Section 6, City may, at its option, (1)reject the whole of the Equipment and Installation, (2)accept the whole of the Equipment and Installation, or (3)accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by the City, City agrees to comply with alt reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. R:\vollmum\agreements.all\emergency generator,2001 2 · 11. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that the design, manufacture and installation of Equipment tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 12. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 13. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Vendor quote,, dated June 19, 2001, attached hereto as Exhibit A. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the quote provided by the Vendor and attached to this Agreement shall prevail. 14. Default of Vendor. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Vendor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 15. Liability Insurance. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property R:\volfmum\agreements.all\emergency generator. 2001 3 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: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant stiall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The ger~eral liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall R:\vollmum\agreements.all\emergency generator.2001 4 contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultanrs insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thidy (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 16. Prevailin,q Wa,qes. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the District Council has obtained the general prevailing rate of per diem wages and the generat rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. R:\vollmum\agreements.all\emergency generator. 2001 5 17. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 18. Le,qal Responsibilities. The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 19, Prohibited Interest. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. Independent Contractor. Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Vendor shall at all times be under the Vendor's exclusive direction and control. Neither the City nor any of its officers, employees, agents or volunteers shall have control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner, officers, employees or agents of the City of Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner. 21. Assi.qnment. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 22. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To Vendor at: Business Furniture Solutions 41610 Corning Place Murrieta, CA 92562 To City at: City of Temecula Attn: City Manager 43200 Business Park Drive Temecula, California 92589 23. Governin,q Law. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation R:\vollm um\agreements.all\emergency generator.2001 6 concerning this Agreement shall take place in the municipal, superior or federal district coud with jurisdiction over the City of Temecula. 24. Entire Agreement. This Agreement contains the entire understanding between the padies relating to the obligations of the parties described in this Agreement. AIl prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 25. Authority To Execute This Aqreement. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney R:\vollmum~agreements .all\emergency generator, 2001 '7 Vendor Business Furniture Solutions 41610 Corning Place Murrieta, CA 92562 Phone (909) 696-8227 Fax (909) 696-9501 BY: Signatures two (2) Corporate Officers required for corporations. R:\v¢lm urn\agreements.all\emergency generator.2001 8 EXHIBIT A DESCRIPTION OF EQUIPMENT/SCOPE OF WORK All work to be performed as per specifications attached hereto and incorporated herein. Provide a comprehensive space plan that allows for future growth within the maintenance facility Purchase and install 37 refurbished modular work stations, chairs, lateral files, and flat flies for the following departments: Public Works City Clerk Building and Safety Community Services · Utilize existing inventory of modular furnishings wherever applicable and will provide a "buy-back" credit for the remaining unused panels R:\vollmum\agreements.all\emergency generator.2001 ~) EXHIBIT B PAYMENT RATES AND SCHEDULE Cost of Work shall not exceed $83,061.00 as quoted by the Vendor in the letter dated June 22, 2001 attached hereto and incorporated herein. R:~vollm urn\agreements.all\emergency generator.2001 ]- 0 EXHIBIT C VENDOR'S RESPONSE TO THE REQUEST FOR PROPOSAL DATED R:\vollmum\agreements.all\emergency generator 2001 ~L ]. Your office furniture solution! June 22, 2001 City of Temecula Grant Yates 43200 Business Park Drive Temecula, CA 92589 Dear Grant: Attached is the revised proposal including the thirty-seven workstations, chairs, lateral files, and flat files. This proposal includes utilizing much of the existing product as well as a buy-back credit for the remaining unused panels. For reference, I've also attached letter-size prints of the upstairs and downstairs areas (over-size prints were delivered earlier today). If you have an questions, please call me or Rusty Buck. Thank you. Sincerely, Clinton P. McCain Spaceplanning and Estimating Business Furniture Solutions CORPORATE OFFICE 41615 C,ERRY STREET MIJRRIEIA, CA 92562 909.696.8222 Fax 909.696.9501 www.visitbfs.com SAN DIEGO OFFICE 858.452.3000 FAX 858.452.3045 L~::~? 45/75 ' 45/75 Your office furniture solution! 41610 CORNING P[~4CE MtJRR[ETA, CA 92562 909,696,8227 FAX 909. 696~g50 I WWW.VISITBFS,COM Bill To: Ship To: City of Temecula PO Box 9033 Temeoula, CA 92589-9033 Sales Order 9019-A Customer No. COT002 City of Temecula MAINTENANCE FACILITY 43200 BUS. PARK DR. TEMECULA, CA 92590-9033 .... THIS IS A BID/ESTIMATE .... Date I Ship Via F.O.B. I Terms 06/22/01 BFS DELIVERY ORIGIN 50% DEP/50% DELIVERY Purchase Order Number Order Date Salesperson Our Order Number MAINT FACILITY 06/22/01 RB None Required ShiPped Item Number Required Date Taxable BaCk Ord. UlM DeScription Disc % Unit Price Amount I EA SC9PNL3442 06/22/01 Y 102.00 102.0(: 34 x 42 NFl' PANEL 6 EA SC9PNL4225 06/22/01 Y 94.0C 564.00 42 X 25 T/A PANEL 42 EA SC9PNL4230 06/22/01 Y 104.0C 4368.0(~ 42 X 30 T/A PANEL 4 EA SC9PNL5335 06/22/01 Y 114.0C 456.00 53 X 35 T/A PANEL 13 EA SC9PNL6530 06/22/01 Y 124.0C 1612.00 65 X 30 T/A PANEL 9 EA sCgPNL6535 06/22/01 Y 135.00 1215.00 65 X 35 T/A PANEL 11 EA SC9PNL6560 06/22/01 Y 174.00 1914.00 65 x 60 T/A PANEL Customer Original By accepting this quotation you agree to the terms and conditions on reverse side and to provide a job site that is clean and free of debris prior to installation. Accepted by: X Page 1 (Continued) Your office furniture 4 ~ 6 ~ 0 CORNING PI,ACE MURRIETA, CA 92~562 909.696.8227 FAX 909.696,950 ! WWW,VISITBFS,COM Bill To: Ship To: City of Temecula PO Box 9033 Temecula, CA 92589-9033 Sales Order 9019-A Customer No. COT002 City of Temecula MAINTENANCE FACILITY 43200 BUS. PARK DR. TEMECULA, CA 92590-9033 .... THIS IS A BID/ESTIMATE .... Date I Ship Via F.O.B. J Terms 06/22/01 BFS DELIVERY ORIGIN 50% DEP/50% DELIVERY Pumhase Order Number Order Date Salesperson Our Order Number MAINT FACILITY 06/22/01 RB None Required ShiPPed Item Number Required Date Taxable Back Ord. U/M Unit Price Amount Description Disc % 1 EA SC9PNL7535 06/22/01 Y 167.00 167,0C 75 X 35 T/A PANEL 2 EA sCgPNL7545 06/22/01 Y 192.0[ 384.0(~ 75 X 45 T/A PANEL 2 EA sCgPNL7545T 06/22/01 Y 388.0£ 776.00 75 X 45 TRANSPARENT PANEL 1 EA sCgPNLD 06/22/01 Y 402.0£ 402.00 75 X 35 PANEL DOOR I EA sCgWAB 06/22/01 Y 20,0C 20.00 WALL ATr-ACHMENT BRACKET 34" 4 EA sCgWAB 06/22/01 Y 20.0(~ 80.00 WALL A~FACHMENT BRACKET 42" 13 EA SC9WAB 06/22/01 Y 20.00 260,00 WALL ATFACHMENT BRACKET 65" Customer Original Page (Continued) By accepting this quotation you agree to the terms and conditions on reverse side and to provide a Job site that is clean and free of debris prior to installation. Accepted by: X You~'office furniture solb'tion! 4 J 610 CORNING PLACE MURRIETA, CA 92562 909.696.8227 FAX 909.696.950 I WWW,VISITBFS.COM Bill TO: Ship TO: City of Temecula PO Box 9033 Temecula, CA 92589-9033 Sales Order 9019-A Customer No. COT002 City of Temecula MAINTENANCE FACILITY 43200 BUS. PARK DR. TEMECULA, CA 92590-9033 .... THIS IS A BID/ESTIMATE .... Date I Ship Via F.O.B. I Terms 06/22/01 BFS DELIVERY ORIGIN 50% DEP/50% DELIVERY Purchase Order Number Order Date Salesperson Our Order Number MAINT FACILITY 06/22/01 RB None Required ShipPed Item Number Required Date Taxable Back Ord. U/M Description DiSc % Unit Price Amount I EA SC9WAB 06/22/01 Y 20.00 20.00 WALL ATTACHMENT BRACKET 75" 10 EA SC9PW 06/22/01 Y 40.00 400.0(; POWER WAY JUMPER 25" 14 EA SC9PW 06/22/01 Y 40.0(; 560.0(~ POWER WAY JUMPER 30" 10 EA SC9PW 06/22/01 Y 40.0(; 400.00 POWER WAY JUMPER 35" 3 EA SC9PW 06/22/01 Y 40.0(; 120.00 POWER WAY JUMPER 60" 1 EA SC9PP 06122101 Y 145.0(; 145.00 POWER POLE 42" 7 EA SC9BPI 06/22/01 Y 50.00 350.00 BASE POWER IN Customer Original Page 3 (Continued) By accepting this quotation you agree to the terms and conditions on reverse side and to provide a job site that is clean and free of debris prior to installaUon. Accepted by: X Your offi¢~ furniture CORNING PLACE MURmE'r^, CA 92562 909,696.8227 909,696.950 t WWW,VISITBFS,COM Bill To: Ship To: City of Temecula PO Box 9033 Temecula, CA 92589-9033 Sales Order 9019-A Customer No. COTO02 City of Temecula MAINTENANCE FACILITY 43200 BUS. PARK DR. TEMECULA, CA 92590-9033 .... THIS IS A BID/ESTIMATE **** Date J Ship Via F.O.B, j Terms 06/22/01 BFS DELIVERY ORIGIN 50% DEP/50% DELIVERY Purchase Order Number Order Date Salesperson Our Order Number MAINT FACILITY 06/22/01 RB None Required ShiPPed Item Number Required Date Taxable BaCk Ord: U/M Description Disc % Unit Price Amount 47 EA SCgDUP123 06/22/01 Y 8.0(: 376.0a DUPLEXES 2 EA BFSWS2535 06/22/01 Y 60.0C 120.0a 25 X 35 WORKSURFACE 1 EA BFSWS2545 06/22/01 Y 85.0(: 85.00 25 X 45 WORKSURFACE I EA BFSWS2552 06/22/01 Y 95.0C 95,00 25 X 52 WORKSURFACE 1 EA BFSWS2575 06/22101 Y 125.0a 125.00 25 X 75 WORKSURFACE 7 EA BFSWS3055 06/22/01 Y 120.0a 840.00 30 X 55 WORKSURFACE I EA BFSEXWS25904525 06/22/01 Y 170,00 170.00 25 X 90 X 45 X 25 EXT. CORNER W/S Customer Original By accepUng this quotation you agree to the terms and conditions on reverse side and to provide a job site that is clean and free of debris prior to installaUon, Accepted by: X Page 4 (Continued) Your office furniture so,~ution! Bill To: City of Temecula PO Box 9033 Temecula, CA 92589-9033 41 610 CORNING PLACE FAIJRRIETA, CA 9256Z 909,696,82.27 FAX 909.696.950 ! WWW,VISITBFS.COM Sales Order 9019-A Customer No. COT002 Ship To: City of Temecula MAINTENANCE FACILITY 43200 BUS. PARK DR. TEMECULA, CA 92590-9033 **** THIS IS A BID/ESTIMATE .... Date I Ship Via F.O.B. I Terms 06/22/01 ~3FS DELIVERY ORIGIN 50% DEP/50% DELIVERY Purchase Order Number Order Date Salesperson Our Order Number MAINT FACILITY 06/22/01 RB None Required Shipped Item Number Required Date Taxable Back Ord. U/M Unit Price Amount Description Disc % 8 EA BFSEXWS25653525 06/22/01 Y 170.0 1360.00 25 X 65 X 35 X 25 EXT. CORNER W/S 2 EA BFSEXWS25654525 06/22/01 Y 170.0C 340.00 25 X 65 X 45 X 25 EXT. CORNER W/S 2 EA BFSEXWS25457530 06/22/01 Y 220.00 440.00 25 X 45 X 75 X 30 EXT. CORNER W/S 1 EA BFSEXWS25459030 06/22/01 Y 220.00 220.00 25 X 45 X 90 X 30 EXT. CORNER W/S 9 EA BFSEXWS25609030 06/22/01 Y 220.00 1980.00 25 X 60 X 90 X 30 EXT. CORNER W/S 5 r EA BFSCLEG 06/22/01 Y 15.00 75.00 CORNER LEG SUPPORT 14 EA BFSCAEP 06/22/01 Y 40.00 560.00 CLEAR ACCESS END PANEL Customer Original By accepting this quotation you agree to the terms and conditions on reverse side and to provide a Job site that is dean and free of debris prior to installation. Accepted by: X Page 5 (Continued) Youroffice furniture ,, o,,¢ honl CORNING Pt~CE 909.696.8227 909.696,950 ! WWW,VISITBF$.COM Bill To: Ship To: City of Temecula PO Box 9033 Temecula, CA 92589-9033 Sales Order 9019-A Customer No. COTO02 City of Temecula MAINTENANCE FACILITY 43200 BUS. PARK DR. TEMECULA, CA 92590-9033 **** THIS IS A BID/ESTIMATE **** Date I Ship Via F.O.B. I Terms 06/22/01 BFS DELIVERY ORIGIN 50% DEP/50% DELIVERY Purchase Order Number Order Date Salesperson Our Order Number MAINT FACILITY 06/22/01 RB None Item Number Required Date Taxable Required Shipped ! U/M Unit Price Amount Back Ord. Description Disc % 16 EA GENCSB 06/22/01 Y 10.00 160.00 CORNER SUPPORT BRACKET 5 EA GENLCANT 06/22/01 Y 15.00 75.00 LEFT CANTILEVER 25" 3 EA GENLCANT 06/22/01 Y 15.00 45.0(; LEFT CANTILEVER 30" 9 EA GENRCANT 06/22/01 Y 15.0C 135.00 RIGHT CANTILEVER 30" 3 EA GENSHCANT 06/22/01 Y 25.0C 75.08 SHARED CANTILEVER 25" 1 I EA GENBBF 06/22/01 Y 140.0C 140.00 ~ BOX/BOX/FILE SUPPORTING PED 25" 21 ~ EA GENBBF 06/22/01 Y 170.00 3570.00 ! BOX/BOX/FILE SUPPORTING PED 30" Customer Original By accepting this quotation you agree to the terms and conditions on reverse side and to provide a job site that is clean and froe of debris prior to installation. Accepted by: X Page 6 (Continued) Youroffice furnit#re ,~n ~ hon,~ Bill To: City of Temecula PO Box 9033 Temecula, CA 92589-9033 41610 CORNING PieCE MUERIETA, CA 9256Z 909.696,8227 FAX 909,696,950 t WWW,VlSITBFS.COM Sales Order 9019-A Customer No. COT002 Ship To: City of Temecula MAINTENANCE FACILITY 43200 BUS, PARK DR. TEMECULA, CA 92590-9033 **** THIS IS A BID/ESTIMATE **** Date I Ship Via F.O,B. I Terms 06/22/01 BFS DELIVERY ORIGIN 50% DEPI50% DELIVERY Purchase Order Number Order Date Salesperson Our Order Number MAINT FACILITY 06/22/01 RB None Required ShiPped U/M Item Number Required Date Taxable Back Ord. Description Disc % Unit Price Amount 13 EA GENFF 06/22/01 Y 140.0(; 1820.00 FILE/FILE SUPPORTING PED 25" 10 Ir EA GENBB 06/22/01 Y 112.01 1120.0( STORAGE BIN, 30" LOCKING 4 EA GENBB 06/22/01 Y 118.00 472.00 STORAGE BIN 35" LOCKING 2 EA GENBB 06/22/01 Y 125.00 250.00 STORAGE BIN 45" LOCKING 11 EA GENBB 06/22/01 Y 194.00 2134.00 STORAGE BIN 60" LOCKING 14 EA GENTL 06/22/01 Y 25.00 350.00 TASKLIGHT 24" 14 EA GENTL 06/22/01 Y 27.00 378.06 TASKLIGHT 36" Customer Original By accepting this quotation you agree to the terms and conditions on reveme side and to provide a Job site that is dean and free of debris prior to installaUon. Accepted by: X Page 7 (Continued) Yo~tr office f~r~Titure 4 ~ 610 CORNING PLACE MURRIETA~ CA 92562 909.696.8227 FAt( 909,696,9501 Vt~VWWISITBFS.COM Bill TO: Ship TO: City of Temecula PO Box 9033 Temecula, CA 92589 9033 Sales Order 9019-A Customer No. COT002 City of Temecula MAINTENANCE FACILITY 43200 BUS. PARK DR. TEMECULA, CA 92590-9033 .... THIS IS A BID/ESTIMATE **** Date I Ship Via F.O.B. I Terms 06/22/01 BFS DELIVERY ORIGIN 50% DEP/50% DELIVERY Purchase Order Number Order Date Salesperson Our Order Number MAINT FACILITY 06/22/01 RB None Required Shipped U/M Item Number Required Date Taxable BaCk Ord. Description Disc % Unit Price Amount 11 EA GENTL 06/22/01 Y 30.00 330.00 TASKLIGHT 48" 3 ~ EA GENTB 06/22/01 Y 36.00 108.00 J TACKBOARD 30" 4 I EA GENTB 06/22/01 Y 61.00 244.0¢ TACKBOARD 60" 6 EA GENWT 06/22/01 Y 40.00 240.06 WALL TRACK,PAIR 5 EA GENCD 06/22/01 Y 42.0( 210.00 CENTER DRAWER 18 EA GENKBTY 06/22/01 Y 143.01 2574.00 ARTICULATING KEYBOARD TRAY 19 ~ EA GENLAT 06/22/01 Y 648.00 12312.00 5 DRAWER LATERAL FILE 42" (695-L) Customer Original Page 5 (Continued) By accepting this quotation you agree to the terms and conditions on reverse side and to provide a job site that is clean and free of debris prior to installation. Accepted by: X Your offic¢ rum~Cum, .~ ~ '¢, ,?'on! 41610 CORNING Pt. ACE MURRIETA, CA 92562 909.696.8227 FAX 909.696.950 I ~W,ViSITBFS,COM Bill To: Ship To: City of Temecula PO Box 9033 Temecula, CA 92589-9033 Sales Order 9019-A Customer No. COT002 City of Temecula MAINTENANCE FACILITY 43200 BUS. PARK DR. TEMECULA, CA 92590-9033 .... THIS IS A BID/ESTIMATE .... Date j Ship Via F.O.B. J Terms 06/22/01 BFS DELIVERY ORIGIN 50% DEP/50% DELIVERY Purchase Order Number Order Date Salesperson Our Order Number MAINT FACILITY 06/22/01 RB None Required ShipPed Item Number Required Date Taxable Back Ord. U/M DeScription Disc % Unit Price Amount 1 EA 89 06/22/01 Y 609.00 609.00 5 DRAWER FLAT FILE 24 X 36 (7867-C) 2 EA 89 06/22/01 Y 1249.00 2498.00 10 DRAWER FLAT FILE,24 X 36 7977-C 2 EA 89 06/22/01 Y 1301.00 2602.00 10 DRAWER FLAT FILE 30 X 42 7978-C 37 EA 89 06/22/01 Y 450.00 16650.00 MULTIFUNCTION TASK CHAIR 1 EA DES 06/22/01 N 2400.00 2400.00 INVENTORY & DESIGN OF MODULAR FURNI 1.00 EA LAB 06/22/01 N 6480.00 6480.00 KNOCK DOWN,DELIVERY, & INSTALLATION 2 EA SC9PNL3435 06/22101 Y -46.0£ -92.0(; 34 x 35 N/T PANEL-BUY BACK Customer Original By accepting this quotation you agree to the terms and conditions on reverse side and to provide a job site that is clean and free of debris prior to installation. Accepted by: X Page 9 (Continued) Youroffice furnih~,~e solution! 41610 CORNING PLACE MURRIETA, CA 92562 909.696.8227 FA'~ 909.696,950 $ WWW,VISITBFS.COM Bill To: Ship To: City of Temecula PO Box 9033 Temecula, CA 92589-9033 Sales Order 9019-A Customer No. COT002 City of Temecula MAINTENANCE FACILITY 43200 BUS. PARK DR. TEMECULA, CA 92590-9033 **** THIS IS A BID/ESTIMATE .... Date J Ship Via F~O.B. J Terms 06/22/01 BFS DELIVERY ORIGIN 50% DEP/50% DELIVERY Purchase Order Number Order Date Salesperson Our Order Number MAINT FACILITY 06/22/01 RB None Required Shipped Item Number Required Date Taxable Back Ord. U/M Description Disc % Unit Price Amount 4 EA SC9PNL4235 06/22/01 Y -57.0C -228.00 42 X 35 T/A PANEL-BUY BACK 1 EA SC9PNL4242 06/22/01 Y -65.0a -65.00 42 X 42 T/A PANEL-BUY BACK 1 EA SC9PNL4245 06/22/01 Y -65.0a -65.00 42 X 45 T/A PANEL-BUY BACK 3 EA SC9PNL5330 06/22/01 Y -52,0a -156.00 53 X 30 T/A PANEL-BUY BACK 4 EA SC9PNL6525 06/22/01 Y -54.00 -216.00 65 X 25 T/A PANEL-BUY BACK 5 EA SC9PNL6545 06/22/01 Y -75.00 -375.00 65 X 45 T/A PANEL-BUY BACK NonTaxable Subtotal 8880.0C Taxable Subtotal 69005.0C Tax ~ 7.500 % 5175.38 Deposit 0.08 Total Due 83060.38 Customer Original Page 10 By accepting this quotation you agree to the terms and cendifions on reveme side and to provide a job site that Is clean and free of debris prior to installation. Accepted by: X ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC~ ClTYMANAGER ~,L-- TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManageflCity Council ~A/.,,,~William G. Hughes, Director of Public Works/City Engineer July 10, 2001 Annual Professional Services Agreement for Real Estate Appraisal Services for Various Capital Improvement Projects for FY 2001-2002 PREPARED BY: Amer Attar, Senior Engineer- Capital Projects Laura Bragg, Project Engineer- Capital Projects RECOMMENDATION: That the City Council: Approve an agreement with Robert Shea Perdue Real Estate Appraisal in an amount not to exceed $30,000 to provide as needed real estate appraisal services; and Authorize the Mayor to execute the agreement. BACKGROUND: There are various projects described in the approved Capital Improvement Program for Fiscal Years 2002 to 2006 that will require real estate appraisal services. The attached agreement is to provide as needed services and these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up through out the year. Once the annual agreement is executed, each service request will be negotiated separately and may contain some or all of the following services: · Research and/or review Title Reports. · Prepare necessary surveys and identify existing right-of-ways. · Prepare description of properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. · Prepare necessary legal descriptions, exhibits and any other miscellaneous services for acquisition purposes. · Provide assistance to the City, as necessary, to acquire right-of-way, preparation of easement documents, permission to enter/grade letters, etc. · Appraise properties for the purpose of estimating market value and provide appraisal reports. The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works/City Engineer. An accumulative not to exceed limit of $30,000 has been set by this Agreement. 1 FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under this agreement, unless directed otherwise by the City Council. ATTACHMENTS: 1. Agreement with Robert Shea Perdue Real Estate Appraisal 2 CITY OFTEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2001 2002 THIS AGREEMENT, is made and effective as of July 10, 2001, between the City of Temecula, a municipal corporation ("City") and Robert Shea Perdue Real Estate Appraisal, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 10, 2001, and shall remain and continue in effect until June 30, 2002, unless terminated or extended pursuant to the provisions of this Agreement. 2. SERVICES. This is an annual contract for Real Estate Appraisal Services on an as needed basis. Consultant can perform any of the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. When there is a need for Real Estate Appraisal Services on an as needed services, the City will identify the specific scope of work, and request a fee schedule from the consultant. The City will instruct the consultant to proceed with the work once the exact scope of work and the associated fees are negotiated. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this-Agreement. 4. 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. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as negotiated and as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks as directed by the City on an as needed basis. Any terms in Exhibit B other than the payment rates are null and void. The total cumulative annual amount shall not exceed Thirty Thousand Dollars and No Cents ($30,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 1 r:~agrmts~nasters\annual contract2.001-02~perdue appraisal agrmt~ajp b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for services in the amounts and in the manner as agreed to by the Director of Public Works/City Engineer and Consultant at the time City's written authorization is given to Consultant for the performance of said services. Any additional work in excess of the amount above shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thidy (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the dght, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and 2 r:\agrmts~masters~annua[ contract2001-02~perdue appraisal agm~t~ajp audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained fora pedod of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, 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 adsing out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 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. 3 r:~agrmts\masters~annual contract2.001-02~perdue appraisal agrmt~ajp b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commemial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million dollars ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4 r:~agrmtsYnasters~annual contract2001-02\perdue appraisal agrmt~ajp (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officei's, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten 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 prepedy 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. 5 r:~agrmtsVnasters~annual contract2001-02~perdue appraisal agrmt~ajp b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fullywith City and to provide Citywith the opportunityto review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Robert Shea Perdue Real Estate Appraisal 41919 Moreno Road, Suite A Temecula, California 92590 Attention: Robert S. Perdue, MAI 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor wdtten 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 judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 6 r:~agrmts~masters~annual contract2.001-02~perdue appraisal agrmt~ajp 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Ag reement. All prior or contemporaneous agreements, understandings, representations and statements, oral or wdtten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial 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 9commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 r:~agrmts~rnasters~annual contract2001-02~oerdue appraisal agrmt~ajp IN WITN ESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Robed Shea Perdue Real Estate Appraisal 41919 Moreno Rd, Suite A Temecula, CA 92590 (909) 694-6904 Robed S. Perdue, MAI By: Name: Title: (Signatures of two corporate officers required for Corporations) 8 r:~agrmtsVnasters~annual contract2001-02~perdue appraisal agrmt~ajp EXHIBIT A TASKS TO BE PERFORMED 9 r:~agrmts~masters~annual contract2001-02~oerdue appraisal agrmt~ajp ROBERT SHEA PERDUE REAL ESTATE APPRAISAL 41919 Moreno Road, Suite A, Temecula, CA 92590 Serving The Inland Empire Appraisal Consultants to Government, Financial, Legal and Agricultural Industries June 13, 2001 Mr. Amer Attar, P.E., MBA Senior Engineer-Capital Projects City of Temecula 43200 Business Park Drive Temecula, CA 92590 Subject: RFQ - Public Works Department ANNUAL AGREEMNT FOR APPRAISAL SERVICES Various-CIP Projects Approved for FY 2001-2002 Dear Mr. Attar: Thank you for considering ROBERT SHEA PERDUE REAL ESTATE APPRAISAL for the Temecula Annual Contract for Appraisal Services. Pursuant to your request, we are including specific information relative to the appraisal qualifications of ROBERT SHEA PERDUE REAL ESTATE APPRAISAL. I have responded to each question under "General Requirements" in a question-by- question format. Please contact me directly if you require additional information. Sincerely, ROBERT SHEA PERDUE REAL ESTATE APPRAISAL Robert S. Perdue, MAI RSP:lkm Telephone: (909) 694-6904 Fax: (909) 694-6964 RESPONSES TO GENERAL REQUIREMENTS (1) A brief description of the consulting firm, (2) organization structure, (3) location of principal offices, (4) number of professional personnel, and (5) other pertinent information, including the names o fall staff members who will work on the project. (1) ROBERT SHEA PERDUE REAL ESTATE APPRAISAL is based in Temecula and is the largest real estate valuation finn in Riverside County. The finn specializes in eminent domain for mostly Riverside County municipalities. (2) ROBERT SHEA PERDUE REAL ESTATE APPRAISAL is a sole proprietorship owned by Robert Shea Perdue. (3) ROBERT SHEA PERDLrE REAL ESTATE APPRAISAL 41919 Moreno Road, Suite A Temecula, CA 92590 Phone: (909) 694-6904 Fax: (909) 694-6964 (4) Five full time; six part time (5) Robert Shea Perdue Stephi Villanueva Mark Routh Beverly Ortega Lori Miller Marina Gomez-Mikulenka The name and relevant experience of the principal or project manager in the firm who will have direct and continued responsibility for the projecL This person will be the City's contact on all matters dealing with the project and will handle ail day-to-day activdies through to completion. Robert Shea Perdue directs litigation, eminent domain and agricultural appraisals, office operations, professional ethics and quality control. Mr. Perdue has a breadth of knowledge in agricultural, special use, eminent domain and litigation valuation. As a 43-year resident of Inland Southern California, he also has a distinct familiarity with the local market. Response to RFQ No. 2 Page 1 Mr. Perdue obtained a Bachelor of Science degree from San Diego State University and has completed post-graduate work in Real Estate Appraisal and Demographics. He maintains a California Real Estate Brokers license, has been awarded the MAI designation from the Appraisal Institute, is the past president of International Right-of-Way Association and is an active member of the American Society of Farm Managers and Rural Appraisers. Mr. Perdue's qualifications are attached. Please contact Bob Perdue, the owner, on all matters dealing with this contract and any projects which result from this contract. His phone number is (909) 694-6904. The names of any outside consultants and/or sub-contractors to be utilized, including a brief description of their role on the project, and an organizational chart. None anticipated. The consultant's understanding of the purpose of the annual agreement and the proposed approach to do the work. Real estate appraisal services. A detailed list of the items of work to be performed by the consultant. STANDARD APPRAISAL METHODOLOGY AND REPORT IDENTIFICATION AND SUMMARY Cover Letter Certificate of Appraiser Summary of Conclusions Narrative Report: Item 1 - Owner Item 2 - Address (or location) of Subject Property Item 3 - Legal Description Item 4 - Delineation of Title Item 5 - Purpose of Appraisal and Function Item 6 - Summary of Appraisal Problems (and Scope) Resnonse to RFO No. 2 Page 2 DESCRIPTION 1. Assumptions and Limiting Conditions 2. Neighborhood Location and Description 3. Description of Subject Property A. Present Use B. Accessibility and Road Frontages C. Land Contour and Elevations D. Land Area E. Land Shape F. Utilities G. Present Zoning H. Highest and Best Use of Land if Vacant I. Improvements J. Specialty Items K. Real Estate Taxes L. Assessments M. Existing Lease or Rental Data N. Highest and Best Use Improved and As Vacant 4. Valuation of Property A. Site Analysis and Evaluation 1. Cost Approach Land analysis Improvement analysis 2. Sales Comparison Approach a. General Discussion 1) 2) Relationships Sales that are Comparable bo Comparative Analysis Correlation and Conclusion Approach by Comparative Resoonse to RFQ No. 2 Page 3 3. Income Approach a. Data b. Analysis c. Correlation and Conclusion by Income Approach 4. Correlation and Final Conclusion B. Approaches to Value 1. Cost Approach a. Cost New b. Accrued Depreciation c. Land Value d. Indicated Value by Cost Approach 2. Comparative [Market Data] Approach a. General Discussion 1) Relationships 2) Sales that are Comparable b. Comparative Analysis 1) Whole Property Comparisons 2) Comparative Units c. Correlation and Conclusion, Comparative [Market Data] Approach 3. Income Approach a. Data b. Analysis c. Correlation and Conclusion, Income Approach C. Correlation of Value Indications from All Approaches The specific process of the consultant's approach to most condemnation projects is as follows: Response to RFQ No. 2 Page 4 Pre-Valuation · Meet with the client to review and discuss project overview. Review existing or proposed project. Review CEQA and other reports on proposed or existing project. Review proposed time frame for project completion as well as intermediate meetings and deadlines. Review client concerns on proposed acquisitions (relative to property owner's accommodations). Request a copy of title report. Send letters of introduction to property owners for initial property owner contact. Valuation Meet with property owner and/or representative to inspect the property and understand the property owners concerns about acquisition and the project's impact on the owner's property. Also, introduce any selected consultants at this meeting for inspection and investigation ora) soils, b) land use potential, c) engineering, d) consideration of water well improvements, e) consideration of agricultural improvements, f) consideration of unusual or non-conforming structural improvements. · Identify real estate, property rights and appraisal problem. Commence preliminary data survey including complete inspection and verification of all land sales, improved sales (including agricultural improvements), and rental comparables (if applicable). Proceed with analysis including general data on region, city and neighborhood as well as local and regional economic trends. Proceed with specific data collection on subject property including review of title report, site conditions, building conditions (review public records, building and safety records, assessors data (if permitted) and any other concerns relative to environmental constraints such as endangered species, wetlands, habitat, blueline streams (Department of Fish and Response to RFQ No. 2 Page 5 Game, Army Corps of Engineers, and Fish and Wildlife etc.), hazardous materials, etc. · Estimate highest and best use as vacant and as improved. · Valuation of the larger parcel relative to the three approaches to value. · Reconciliation of value. · Final estimation of value. · If applicable - analysis and valuation of part to be acquired and consideration of Severance Damages, General and Benefits; writing of report. The standard narrative appraisal report (Limited, Restricted; Complete, Summary or Complete, Self-Contained) will be organized and formatted according to the guidelines of USPAP, Appraisal Institute, California Code of Civil Procedure and Uniform Appraisal Standards for Federal Land Acquisitions. Resumes of all prime and sub-consultant personnei that will work on the annual agreement. Robert Shea Perdue Real Estate Appraisal personnel qualifications attached. Examples of each consultant's recent relevant experience with client references. References - Recent Public Agency and Dairy Clients Mr. Rich Edmond 1996 - Present Chief Appraiser 1991 - 1994 County of Orange 300 N. Flower Street PO Box 4048 Santa Ana, CA 92702-4048 (714) 834-5070 Valuation Assignments: Eleven dairies, one pig and sheep ranch, two alfalfa ranches, hay lot and track terminal, cattle auction yard, real estate brokerage office and several large farm parcels. All partial and full acquisitions for flowage easement interests - Prado Dam Project. Contract value - $30,000, $60,000 and $120,000. Response to RFQ No. 2 Page 6 ITEM 12 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council .,'~AJ.v~William G. Hughes, Director of Public Works/City Engineer July 10, 2001 Annual Professional Services Agreements for Geotechnical and Material Testing Services for Various Capital Improvement Projects for FY 2001-2002 PREPARED BY: Amer Attar, Senior Engineer- Capital Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve the agreement with Petra Geotechnical, Inc. in an amount not to exceed $60,000 to provide as needed geotechnical and materials testing services; and Approve agreement with Ninyo & Moore in an amount not to exceed $60,000 to provide as needed geotechnical and material testing services; and 3. Authorize the Mayor to execute the agreement. BACKGROUND: There are various projects described in the approved Capital Improvement Program for Fiscal Years 2002 to 2006 that will require geotechnical and material testing services. The attached agreements are for two separate annual contracts to provide as needed services; these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up through out the year. Two firms have been selected for annual agreements so that the City is assured that at least one firm will be available when needed. Once the annual agreements are executed, each service request will be negotiated separately with one of the two firms and may contain some or all of the following services: · Subsurface exploration and logs summarizing the conditions encountered · Seismicity · Geotechnical Evaluation and recommendations · Discussion of existing pavement or site conditions · Recommendations for removal of unsuitable material · Soil Ferrous corrosivity and Portland Cement attack potential · Environmental concerns/hazards · Review of available geologic maps and reports for the region · Discussion of the material encountered in the borings and measured engineering properties · Preparation of field and final compaction reports 1 R:'~AG D RPT~O01 ~0710'~AN N UAL CONTRACT GEOTECH.AGR.DOC · Review of project plans & specifications with emphasis on geotechnical and laboratory materials testing services and attend progress meetings · Observation and Field testing services dudng all phases of site grading · Field observation and testing during trench backfilling operations · Field density testing during subgrade and base compaction · Field sampling and testing of base and asphalt concrete · All necessary laboratory tests to support field services and to satisfy Caltrans and other regulatory agency requirements · Batch plant inspections · Structure backfill observation and testing · Concrete sampling and testing · Consulting services requiring corrective and/or remedial recommendations The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works/City Engineer. An accumulative not to exceed limit of $60,000 has been set for each Agreement. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under this agreement, unless directed otherwise by the City Council. ATTACHMENTS: Agreement with Petra Geotechnical, Inc. Agreement with Ninyo & Moore 2 R:~,AGDRPT~2001 ~710'~,N N UAL CONTRACT GEOTECH~,GR.DOC CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL GEOTECHNICAL/MATERIAL TESTING SERVICES FOR FISCAL YEAR 2001-2002 THIS AGREEMENT, is made and effective as of July 10, 2001, between the City of Temecula, a municipal corporation ("City") and Petra Geotechnical, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 10, 2001, and shall remain and continue in effect until June 30, 2002, unless terminated or extended pursuant to the previsions of this Agreement. 2. SERVICES. This is an annual contract for geotechnical/material testing on an as needed basis. Consultant can perform any of the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. When there is a need for geotechnical/material testing on an as needed services, the City will identify the specific scope of work, and request a fee schedule from the consultant. The City will instruct the consultant to proceed with the work once the exact scope of work and the associated fees are negotiated. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. 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. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as negotiated and as set forth in Exhibit B, Payment Rates and Schedule, as modified on the consultant letter of June 27, 2001 attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks as directed by the City on an as needed basis. Consultant shall not bill the City for any travel time and expenses associated with it, nor shall he charge a set minimum number 1 r:~agrmts~masters~annual contract2001-02\Petra annual agrmt/ajp of hours for each site visit. Any terms in Exhibit B other than the payment rates are null and void. The total cumulative annual amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for services in the amounts and in the manner as agreed to by the Director of Public Works/City Engineer and Consultant at the time City's written authorization is given to Consultant for the performance of said services. Any additional work in excess of the amount above shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business dayof each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 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 bywritten notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 r:~agrmts~masters~annual contract2001-02\Petra annual agrmt/ajp 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 cleady identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained fora period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c: With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3 r:~agrmts~masters~annual contract2001 *02~Petra annual agrmt/ajp (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectJlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the .City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4 r:~agrmts~masters~annual contract2.001-02~Petra annual agrmt/ajp (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VlI, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at anytime orin anymanner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 5 r:~agrmts~masters~annual contract2001-02\Petra annual agrmt/ajp 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior wdtten authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of suppod, testimony at depositions, response to interregatodes or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or properly located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Petra Geotechnical, Inc. 3185-A Airway Avenue Costa Mesa, California 92626 Attention: Dr. Siamak Jafroudi, P.E. 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior wdtten 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 wdting between the City Council and the Consultant. 6 r:~agrmts~masters~annual contract2001-02'~Petra annual agrmt/ajp 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 judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial 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 Adicle 4.6 9commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 r:~agrmts\masters~annual contract2001-02~etra annual agrmt/ajp IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchem, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Petra Geotechnical, Inc. 3185-A Airway Ave. Costa Mesa, CA 92626 (714) 549-8921 Dr. Siamak Jafroudi, President By:. Name Title (Signatures of two corporate officers required for Corporations) 8 r:~agrmts~masters~annuar contract2001-02~Petra annual agrmtJajp EXHIBIT A TASKS TO BE PERFORMED 9 r:~agrmtsYnasters~annual contract2001-02~Petra annual agrmt/ajp CITY OF TEMECULA DF~ARTMEN-r OF PUBUC WOP~S KEQUEST FOR STATEMENT OF QUALIFICATIONS (R.FQ)[ ANNUAL AGREEMENT FOR GEOTECrn',~CAL AND MATEK~LS TES'flNG SERWCES VARIOUS CIP PROmCTS APPROVED FOR FY2001-2002 P.N. 1219-01 JUNE 4, 2001 PART Il SCOPE OF SERVICES Based upon our previous experience with various soil conditions throughout southern California and specific experience with projects of a similar nature, Petra Geotechnical, Inc. is confident in our ability to provide the following general scope of services. Due to the nature of on=call contracts, it is understood that a the scope of services to be provided by the consultant may vary fi:om what is presented within the RFQ package provided by the City. A portion or all of the services described therein may be necessary and additional services not enlisted may also be requffed. As a result of Petra's extensive experience with on-call type contracts, our proposed project team are aware of the conditions of such a contract and are fully prepared to provide all services requested by the City. Our scope of services for geoteclmical (softs engineering and geology) investigations can vary significantly with the requirements of individual projects. While geoteclmical investigations typically address commonly defined issues, such as required remedial grading, earthwork guidelines, slope stability, settlement potential, and foundation and pavement design, the investigation would place particular emphasis on the geotechnical aspects which could potentially have an impact on the project. Site conditions, both surface and subsurface, proximity W active faults, proposed grading, stxuctural loads, and traffic demands all have an impact on the approach to the investigation. By defining the project requirements, reviewing available relevant published and unpublished literatures, and conducting a preliminary site reconnaissance, the field exploration program can be tailored to the specific needs of the project on hand. In view of the findings of the field exploration, the laboratory testing program is then defined to provide the necessary data, including such tests as in-sim soil moisture and density, strength and consolidation/collapse characteristics, chemical properties, expansion potential, grain-size, maximum density/optimum moisture, and R-value. The field and laboratory data is ulilized in the various analyses, including liquefaction potential, anticipated settlement, pavement section, and foundation bearing capacity, with the subsequent determination of the appropriate foundation system, removal depths of unsuitable soils, mitigation of expansive soils, and susceptibility of concrete and reinforcing steel to chemical attack. A formal report is prepared to concisely document all aspects of the investigation, including findings, conclusions, and recommendations with respect to the geotechnical requirements for site development. Petra would then provide sufficient observation and testing services during grading and post-grading activities to assure compliance with our recommendations and the city of Temecula's regulations. Our scope of scope of services for the provision of construction observation/testing and materials testing will include field observation and inspections for both geotecbnical and materials construction, field testing for compaction, and laboratory testing of representative samples for the verification of the quality of work in progress and/or completed during conslxuction phases of the project. The proposed services will also include those services relevant to both soils and materials in compliance with the parameters as outlined and identified by the most recent California Test Methods as specified in Caltrans "Manual of Testing" and shall meet the latest requirements of ASTM, or as otherwise specified in the contract documents. The services provided by Petra will be those services customarily rendered by firms providing soils and materials testing services on projects governed by the Title 24 -19- PETRA C1TY OF TEM~CUI~ D~,~:r~m o~ Pu~.~c Wom, zs P~EQUE ST FOR STATEMENT OF QUALIHCATIONS (RFQ): ANNUAL AGREEMEqqT FOR GEOTECHN1CAL AND MATERIALS TESTINO SERVICES VARIOUS C]~P PROJECTS APPROVED FOR FY2001-2002 P.N. 1219-01 JUNE4,2001 Building Code requirements for the State of California, requirements for the County Department of Building and Safety Division. Pelra proposes thc following scope of services: Field Observation Soil Mgterial , Excavation Stability - Construction · Fill Material Placement · Trench Backfill Placement · Subgrade Preparation · Aggregate Base Placement Soil Field Testine Asphalt Concrete Placement Concrete Construction Masonry Construction Reinforced Bars Placement Structural Steel Welds Material Fill Material Compaction · Trench Backfill Compaction · Subgrade Compaction · Aggregate Base Compaction · Asphalt Concrete Density , Reinforced Bars Sampling (if required) , Concrete Slump Soil .Laborat To_ri.!ggj~ Concrete Cylinder Molding Mortar Cylinder Molding Grout Slump Grout Cylinder Molding Masonry Prism Construction Structural Steel Welds (if required) Concrete Slump Material · Gradation · Maximum Density and Optimum Moisture · Expansion Potential , Direct Shear · Corrosivity · Consolidation Potential Concrete Cylinder Compression Mortar Cylinder Compression Grout Cylinder Compression Masonry Prism Compression Reinforced Bars Tension Additional consulting services and report preparation will be provided as deemed necessary per specific project specifications. P"=TRA EXHIBIT B PAYMENT RATES AND SCHEDULE 10 r;~agrmts~rnasters~annual contract2.001-02\Petra annual agrmtJajp PHONE NE}. : 714 5,49 14~E~ '1 COSTA MF~:,A · :,:;AN DIEGO · TEM~-CUL^ · LOS ANGELES Ms. Laura BraSg, Proj¢~ CITY OF TKMECULA Publie Wod~ 43200 l~__',--~s Park Temecula, CA 92590 Jun. ~7 ~Sml OS:iBPM P2 J~n¢ 27, 2001 P.N. 1219-01 Subject: l~wisad Response to Reques~ for Clarifications on Travd Time Expens~ De~ M~. Bmr: ?e~a Geotcclmical, Inc, ~e~a) ~n~ ~ia~s ~ o~ni~ m ~ o~ a~ m ~a~ ~ ~i~ ~~d. A~y, P~ ~1 ~hn~e s~ e~scs ~d ~ ~ ~e~y. We ~ not ~ a ~ h~ ~ f~ ~ ~oj~t. 71~1. We i~ f~ m ~o~ ~ ~ ofT~ ~ ~ ~ ~s ~ ~ ~ c~m~t PETR~ C.F_,O'I~CAL, Dr. Stemsk lafroudi Pres~dmt m~d P~ncip~l ~ PETRA OEOTECHNICAL, INC. STANDARD FEE SCHEDULE January 1, :2001 Principal Engineer/Geologist Senior Associate Engineer/Geologist Associate Engineer/Geologist Senior Project Engineer/Geologist Project Engineer/Geologist Senior Staff Engineer/Geologist Staff Engineer/Geologist Supervis'mg Engineering Technician Senior Engineering Technician Engineering Technician Deputy Geotechuical Inspector Deputy Concrete Inspector Deputy Masonry Inspector Senior Laboratory Teehuieian Laboratory Technician Dnffisperson Xerox Rate Outside Consultants Drilling/Equipment Rental Postage Blueprints Travel & Transportation Subsistence Company Equipment Usage Mileage/Truck Usage Word Process'mg/Clefieal $130.00/hr. $120.00/hr. $110.00/hr. $105.00/hr. $100.00/hr. $ 95.00/hr. $ 90.00/hr. $ 90.00/hr.* $ 85.00/hr.* $ 75.00/hr.* $ 90.00/hr. $ 75.00/hr.~' $ 75.00/hr.~ $ 80.00/hr. $ 75.00/hr. $ 75.00/hr. $ .25/sheet Cost & 20% Cost & 200/0 Cost Cost Cost Cost No Charge No Charge No Charge * Costs for Field Density Testing are included. ~' Four Hour Minimum NOTE: One-way travel time from our office to field job sites is charged the appropriate hourly rate when less than 8 hours of field time is required during any one day. When field time is 8 hours or more per day, there is not charge for travel. Overtime for technicians is $25 over the hourly rate. Overtime for deputy inspectors is 1.5 times the regular hourly rate. SA!BOILER~\WAGE.FEE P"=TRA CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL GEOTECHNICAL/MATERIAL TESTING SERVICES FOR FISCAL YEAR 2001-2002 THIS AGREEMENT, is made and effective as of July 10, 2001, between the City of Temecula, a municipal corporation ("City") and Ninyo & Moore, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 10, 2001, and shall remain and continue in effect until June 30, 2002, unless terminated or extended pursuant to the provisions of this Agreement. 2. SERVICES. This is an annual contract for geotechnical/material testing on an as needed basis. Consultant can perform any of the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. When there is a need for geotechnical/material testing on an as needed services, the City will identify the specific scope of work, and request a fee schedule from the consultant. The City will instruct the consultant to proceed with the work once the exact scope of work and the associated fees are negotiated. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. 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. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as negotiated and as set forth in Exhibit B, Payment Rates and Schedule, as modified on the consultant letter of June 27,2001, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks as directed by the City on an as needed basis. Consultant shall not bill the City for any travel time and expenses associated with it nor shall he charge a set minimum number 1 r:.~agrmts~masters~annual contract2001-02'uNinyo & Moore annual agrrnt/ajp of hours for each site visit. Any terms in Exhibit B other than the payment rates are null and void. The total cumulative annual amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for services in the amounts and in the manner as agreed to by the Director of Public Works/City Engineer and Consultant at the time City's written authorization is given to Consultant for the performance of said services. Any additional work in excess of the amount above shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any podion hereof, by serving upon the consultant at least tan (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 r:~agrmts\masters~annual contract2001-02\Ninyo & Moore annual agrmt/ajp 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 cleady identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a pedod of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3 r:~agrmts~masters~annual contract2001-02\Ninyo & Moore annual agrmt/ajp (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following previsions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed bythe Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4 r;~agrrnts~masters~annual contract2001-02\Ninyo & Moore annual agrmt/ajp (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, off~cials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, retum receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VlI, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or anyof its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 5 r:~agrmts~masters~annual contract2001-02\Ninyo & Moore annual agrmtJajp 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of suppod, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, Califomia 92590 Attention: City Manager Ninyo & Moore 5710 Ruffin Road San Diego, California 92123 Attention: Mark Cuthbert, P.E. 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 6 r:~agrrnts~masters~annual contract2001-02\Ninyo & Moore annual agrmtJajp 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 conceming 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 enfome its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, undemtandings, representations and statements, oral or wdtten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial 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 9commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 r:~agrmts~masters~annual contract2001-O2~Nin~o & Moore annual agrmt/ajp IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comemhero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Ninyo & Moore 5710 Ruffin Rd. San Diego, CA 92123 (858) 576-1000 Avram Ninyo, Owner Mark Cuthbert, P.E., Project Manager (Signatures of two corporate officers required for Corporations) 8 r:~agrmtsVnasters~annual contract2001-02\Ninyo & Moore annual agrmtJajp EXHIBIT A TASKS TO BE PERFORMED 9 r:~agrmts~masters~annuat contract2001-02\Ninyo & Moore annual agrmt/ajp June 13, 2001 Proposal No. P-514~ City of Temecula Annual Agreement for Geotechnical and Materials Testing Services LIST OF WORK TO BE PERFORMED SECTION 5 PROPOSED SCOPE OF SERVICES · Subsurface exploration (e.g., with borings or test pits) and associated laboratory testing including but is not limited to the following. o In-situ moisture and dry density tests o Expansion Index o Laboratory maximum density and optimum moisture tests o Sieve analysis o R-value o Sand Equivalent o Atterberg limits o Direct shear tests o Consolidation or collapse tests ° PH, resistivity, soluble sulfate, and chloride tests · Logs of the exploratory bodogs summarizing the subsurface conditions encountered, results of labora- tory testing, and a plan indicating the location of the explorations. · Faulting and seismicity · Geotechnical evaluation and recernmendations including but not limited to the following: ° 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, back drains, and recommended lateral earth pressures used for design o Pavement Design o Grading and Foundation Plan Review o Construction Monitoring ° Pile driving, if necessary o Lateral Earth Pressures · Discussion of the existing pavement or site conditions. · Recommendations for removal of unsuitable material. · Soil ferrous corrosively 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 bodogs and measured engineering properties. · Preparation of field and final compaction reports as required. A summary of findings and recommen- dations in the report. · Review of project plans & specifications with emphasis on geotechnical and laboratory materials test- ing services and attend progress meetings as required. · Observation and field testing services dudng 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 dudng trench backfilling operations. · Field density testing during subgrade and base compaction. · Field sampling & testing of aggregate 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, as needed. EXHIBIT B PAYMENT RATES AND SCHEDULE 10 r:~agrmts~nasters~annual contract2001-02\Ninyo & Moore annual agrmtJajp June 27.2001 Pmpeeal Ne. p-$147 Ms. Laura E. Bragg City of Temeoula 43200 Business Park Drive Temeoula, Califomia 92590 Subject: Revised Schedule of Fees for the Aa-Needed Geotachnlcal end Materials Testing proposal, Temecula, California Dear MS. Bmgg; Ninyo & Moore ia pleased to submit our revised $chectuis of Fee~ for the subject proposal. We appreci- ate yOur consideration and hope that the revisions to the "Notes" section of the attached schedule has adamseed the questions that yOu had pedairdng to our proposal. We have a long end quite successful re~ord in the Temc,~ula of providing quality servkT, es identical to those you are requesting, aM look for- ward to demonstrating the type of high quality tim1 we are. We would welcome the opportunity to present our experience and qualifications to the City of Temecula in person, If you have any further questions, please ~ontact me et (858) 576-1000. Sincer~ly, NINYO & MOORE Mark Cuthbert. P.E. Pdncipa! Engineer MClmro Dlstn'bution: (3) Addressee Attachments Sclledule of Fees (reviSed) 57 }0 Ruff~n Road . San Diego. Califof/~tc~ 92123 · Pt~o~e IB58~ 576- [ 000 · F~x f8581 57~-q600 SCHEDULE OF FEES 200t PREVAIUNG WAGES HOURLY CHARGES FOR PERSONNEL Prtflelflll En~inM)rlGeologli~/~nvlronmentsl Scientist ................................................................................... $ 128 6enior E~lnNg~ilUEn~=l Scle~ ...................................................................................... $ 121 Sentor P~e~ Enginw~Environm~t~l SclentWt ........................................................................... $ 118 ~tM S~ Englnwl~tl~m~ffil 9eWntl~ .............................................................................. $ 112 ~aff ~g~i~lmn~n~l S~I~ ......................................................................................... $ 08 FI~O ~floni Ml~ger ............................................................................................................................ $ 8u~ T~ni~in ................................................................................................................................ $ 70 S~or F~e~mt~ T~hnl~in .............................................................................................................. ~ FlelW~OW T~hfl~lin ......................................................................................................................... ~ 61 ~1Co~ Te~fli~en ....................................................... . ....................................................................... ~ 61 Sp~l I~or, Pr~ Concrete ..................................................................................................... $ 8p~lll I~tor, RelnMr~ Mason~ ......................................................................................................... S ~p~l Im~or, ~u~uml ~1 ................................................................................................................ $ Sp~lel In~or, FireplUg ..................................................................................................................... $ ~u~e ~mln~l~ T~hnioi~n, UT, MT, ~ .................................................................................... $ ~z~e ~ T~hnl~ a~d E~ipme~ ................................................................................................. ~ g5 PUB T~t T~nlclan ~ Eflul~nt ............................................................................................................ J 71 T~gll tll~m~ Ope~r ............................................................................................................... ~ 7~ In~on ~al~t .................................................................................................................................. S 45 ~ta ~o~lng ........................................................................................................................................... S 45 OTHER CHARGES ~rec~ project eq~eness ....................................................................................................................................... Cost plus 16 E)q~ert Wkness ~e~ ........................................................................................................................ $ 2~r F~d v~tc~ ~a~ ................................................................................................................................. $ ~r Ineli~m~e[ usage .................................................................................................................................. ~ ene oenerate ep~imen pickup ........................................................................................................ $ 40~p R~m I~t~ (Pachom~) .................................................................................................................... t l~r Va~ ~misaon k~ ........................................................................................................................... S ~t ~r~o~ ~fl~g, g~ph~l~l ~uipm~, end offi~ s~al ~ui~e~ ............................... Pm~d~ u~ r~umt NOTES For fi,Md and labemto~y teoi~nicians and special inspectom, regular hau~ rotes are charged audng no~mal w~e~ay construction hours of 7:00 a.m. to ~30 p.m, In accordance wl~ California Labor Code requirements, overtime mtea at me re0ular mtm plus $13.00/beur wi~ be eha~e¢l fo~ wortL performed ~ nmma~ coMtmc~fl houri ,.nd ~l ~mtuKlays, Doub~e ~me m~es at regu~e~r r~tes p~us $27~rn~ur v~m be ~harged f~r ar~ ~rk ~m e~``-- ~12 tmm~s m ene bey~ ~r~d ~n 8u~ Holiday ,'~t~ will be the same es Dm.ibis time rate~. Lsad time lot' any nlfluested ~m~ce is 24 hours. Rates for esil tachflictana and .pedal Inspec~m are besecl on e~,"tu81 h~lll w~rked. Trmve~ to diitant ioc~ioM that require an ovemlght stay wifl be ohalled at the regular rate during travel h~r~ Lodging, Ifavel c~ats and geoufld t~aflspoltaflon will be eharged at actual e~t, plus 16 pefl~ INVOICE8 Invoices will be m~bmibed moAthly, md am due qxln recaipL A mafvlM charge M 1.0 pement per m~nth will be eharl~m:l on eeeouf~ flQ~ peld witch 30 ~ays, SCHEDULE OF FEES FOR LABORATORY TE~TING A, tted~ L~mit~, D431B, CT204 ...................' .............. $ 12~ c, allfomle BMrtng R~o(C, BR), O 1883 ........................ $ 350 Ghlodcle and Sulfate ~, CT 4t7 & CT 422 ............ $ 100 ~ldat/on, 02435, CT21g ....................................$ 250 ansolldaflon -'11me Rat~ D 2435, CT 219 ................. $ 25 ~ ~near- Undisturbed, D 3~0, CT 222 ................. $ IgO :)tre~ S~ear - R~mol<led, O 3O80, O1' 222 ................... Durability Index, CT 229 .............................................. $ 140 E~sie~ Inde~ D 4829, UBC 18-2 ............................ $ 140 Extrusion PaMntial (Me. od A), D 4546 ....................... $ 130 Exp'an~Ne Preesum (Method C), D 4548 ......................$ 130 Geef~bdc Tmmtla and ~tmgeb~on Test, O ~ .............. $ 150 Hydrauflo Condu~vlty, D ~ .................................... $ 250 HydromMM. An~ty~, D 422, CT 203 ...........................$ 130 Maximum Density, A,a~HTO T-180 .............................. I 210 Mmdmum DunsltyA B and C/D 1557, CT216 .............. $ 130 Mmature Of~y, D 221B, CT22~ .................................... Moisture and Dermlty. D 2937 ...................................... Pan~eebilliy, Cl.-I, D2434, CT220 ................................ $ 200 pH and Raslstlvffy, CT 643 .......................................... $ g5 R-value, D 2844, CT 301 ............................................. $ 215 Sand Equivalent. D 2419, CT 217 ................................ S/eve.Anal/Ill, D422, CT202 ..................................... $ 95 Sieve Anaty~s, 200 Wesh, D 1140, CT 202 .................. $ Speel~ (~, D 854 ................................................ $ Triexi~J ahem', C.D,, per pmnt, CT 230 .......................... $ 190 Tn~xi~l Shem', C.U., pe~' point. D 4767, CT 230 ............. $ 175 Tdexlal ~gnea~, U.U., per I~nt. D 2850, CT 250 ............. $ 120 Unconlined Cornpreesion, D 2166, CT 221 ...................$ t60 Wax O~ity, O 1188 .................................................. $ 75 Built-up Reeling, ~at-o~t ~amples, O 2629 .................... $ 1~0 Ree~g Tile Abso~on, (s~ of 5), UBC 15.~ ................ ~ 150 Roofing Tile Et~engt~ 're~t, (ret of 5), UBC 16-5 ............. $ 150 Cement Analy~ Chemical ~nd Physical, C log ................. ~ Quote Compres~ion Tests, ex12 Cylinder, C 3e ............................ ,$ 15 Cof~'~e Mix Design Review, J~b ..~ .............................. .~ 125 C. ene~ Mix Design, per Tdal aatch, $ cylinder, ACI ...........~ 860 Conef'~e Corns, Compression (ec~cl~e~ sampling), c 42.,...$ 40 Ory~ ~hrin~ C tS7 ................................................... .$ 190 Fle~urei Teal, C 76 ........................................................... .$ 40 ; Flexuml 'r~t, C 293 .......................................................... $ 4~ Fle~ral Test, CT 523 ........................................................ $ ~0 Gunite/~hob~ete, Penels, 3 cores per panel anti test, ACI $ lg0 Jo~lite Testing Labofatoly ................................................. Quote LighMeight Conore~ Fill, Gompm~$iee, C 495 ....................~ 50 Pe(mgrephic Analyai% C li~ ............................................ .~ 1,000 Splitting Tettsile g~'ength, C 4~1 ........................................ ~ 85 A~el~ Concmta A~ph~lt Mb< Design. C~trami ............................................ .$ Quc~e Asphalt Mix Design Re4ew, do~ Spee ................................ .$ t35 Extraction, t6 A~phalk lnd~dlng C_-mdatim~, C 2172, T 310....~ 1go Film Stripping, CT 302. ...................................................... .~ 80 Hveem ~tabiltty and Unit Weight, CT 3~8 ........................... .$ 140 Marshall aabll~, Row and Ufllt Weight. T-245 .................. .~ 150 Maximum Theoretical Unit Welght, C 2041 ......................... .$ 80 6well, CT 30~ .................................................................. ~, 80 Unit Weight sample or corn, D 272~, CT 308 ....................... $ 7~ SCHEDULE OF FEES FO;[ LABORATORY TESTING Leborate~y Te~, Teet Deelgnafi~n, ~ Prk:. Per T~t " ~rlck A~,otptJon, 24-h~ur ~ubmersion, C ~i7,.: .............. $ 35 Ai3~rptio~, Coarse, C. '127 ................................................ Al~oq~ti~, Fine, C 128 .................................................... .~ 25 C~ay Lum!~s and Fda~e Particles, C 142 ............................ .$ 95 Cleennm Value, CT 227 .................................................. ,$ 70 Cru~nee parUctes, CT205 ................................................ · DumbilKy, Coar~. CT 229 ................................................ ~ Durability, Fine, CT 229 ..................................................... $ 70 Lo~ Angdm P, braston, C 131 or C 535 ............................... .~ 185 Modar making propeffie~ of fine aggregate, C 97 ................ .$ 246 organic Impullties, C 40 ................................................... .$ 50 Potential Ree~ivtty of AglFegete (Chemical Methud), C289..$ Sand Equivalent. CT 217 ................................................... $ 70 Ste~ A~ly~., C..o.r.. Aggregate, C '13~ .......................... .S 70 ~]eve Analys~s, Fine Aggregate (including vmsh), C 13~ ....... $ 80 8odium Suit~ S~,dn~= (p~ size fmc6on), C ~8 ............. $ eo s~ ~3rav~, coem~ C 127 ......................................... S M~e/Prom, h~f ,2a, comiC. UBC 21-17 ....... $, .90 I Sp~c'~c ~ev~, Fine, C 128 ............................................. $ Ninyo & Moore la tiao accredited m perfom~ the AA~HTO equNele~ at' many ASTM tam procedures. SCHEDULE OF FEES 2001 PREVAILING WAGES HOURLY CHARGES FOR PERSONNEl. Principal Engineer/Geologist/Environmental Scientist ................................................................................... $ 128 Senior EngineerlGeologist/Environmental Scientist ...................................................................................... $ 121 Senior Project Engineer/Geclogist/Environmental Scientist ........................................................................... $ 118 Project Engineer/GeologisFEnvironmental Scientist ...................................................................................... $ 116 Senior Staff Engineer/Geologist/Environmental Scientist .............................................................................. $ 112 Staff Engineer/Geologist/Environmental Scientist ......................................................................................... $ 98 86 Field Operations Manager ............................................................................................................................ $ Supervisory Technician ................................................................................................................................ $ 70 Senior Field/Laboratory Technician .............................................................................................................. $ 61 Field/Laboratory Technician ......................................................................................................................... $ 61 ACI Concrete Technician .............................................................................................................................. $ 61 Concrete/Asphalt Batch Plant Inspection Technician .................................................................................... $ 61 Special Inspector, Reinforced Concrete ........................................................................................................ $ 55 Special Inspector, Pre-stressed Concrete ..................................................................................................... $ 55 Special Inspector, Reinforced Masonry ......................................................................................................... I 55 Special Inspector, Structural Steel ................................................................................................................ 55 Special inspector, Welding, AWS ................................................................................................................. Se 55 Special Inspector, Fireproofing ..................................................................................................................... ~ 55 Nondestructive Examination Technician, UT, MT, LP .................................................................................... 65 Concrete Coring Technician and Equipment ................................................................................................. $ 95 Pull Test Technician and Equipment ............................................................................................................ $ 71 Technical Illustrator/CAD Operator ............................................................................................................... $ 76 Geotech nical/E nviron mental/LaboratorY Assistant ........................................................................................ $ 61 $ 45 Information Specialist .................................................................................................................................. $ 45 Data Processing ........................................................................................................................................... OTHER CHARGES Cost plus 15 % Direct project expenses ....................................................................................................................................... $ 2501hr Expert Witness testimony ........................................................................................................................ $ 6/hr Field vehicle usage ................................................................................................................................. $ 32/hr Inciinometer usage .................................................................................................................................. Steeland concrete specimen pickup ........................................................................................................ $ 40/trip Special preparation of standard test specimens ....................................................................................... $ 59/hr Rebar Iocator (Pachometer) .................................................................................................................... $ 10/hr $ 30/kit Vapor transmission kits .................................................................................................................. Laboratory testing, geophysical equipment, and other special equipment ................................ Prov ded upon request NOTES For field and laboratory technicians and special inspectors, regular houdy rates are charged dudng normal weekday construction hours of 7:00 a.m. to 3:30 p.m. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays and Sundays. Double time rates at twice the regular rates will be charged for all work in excess of 12 hours in one day. Holiday rates will be twice the regular rate. Lead time for any raquested service is 24 hours. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum for 4 hours to 8 hours. The 4-hour minimum will be charged as a 'show-up' for inspections not conducted due to a lack of performance by the contractor. For soil technicians, travel time for on-call services are charged portal to portal, with a minimum site visit charge of 2 hours. Travel to distant locations that require an overnight stay will be charged at the regular rate dudng travel hours. Lodging, travel costs and ground transportation will be charged at actual cost, plus 15 percent. INVOICES Invoices will be submitted monthly, and are due upon receipt. A service charge of 1.0 percent per month wilt be charged on accounts not paid within 30 days. SCHEDULE OF FEES FOR LABORATORY TESTING Laberatory Test, Test Desil Soils Alterberg Limits, D 4318, CT 204 ................................. $ 125 California Beefing Ratio (CBR), D 1883 ........................ $ 350 Chloride and Sulfate Content, CT 417 & CT 422 ............ $ 100 Consolidation, D 2435, CT 219 .................................... $ 200 Consolidation-Time Rate, D 2435, CT219 ................. $ 25 Direct Shear- Undisturbed, D 3080, CT 222 ................. $ 190 Direct Shear- Remolded, D 3080, CT 222 ................... $ 250 Durability Index, CT 229 .............................................. $ 140 Expansion ~ndex, D 4829, UBC 18-2 ............................$ 140 Expansion Potential (Method A), D 4546 .......................$ 130 Expansive Pressure (Method C), D 4546 ...................... $ 130 Geofabdc Tensile and Elongation Test, D 4632 .............. $ 150 Hydraulic Conductivity, D 5084 .................................... $ 250 Hydrometer Analysis, D 422, CT 203 ...........................$ 130 Maximum Density, AASHTOT-180 .............................. $ 210 Maximum Density A, B and C/D 1557, CT 216 .............. $ 130 Moisture Only, D 2216, CT 226 .................................... $ 18 Moisture and Density, D 2937 ...................................... $ 30 Permeability, CH, D 2434, CT 220 ................................ $ 200 pH and Resistivity, CT 643 .......................................... $ 95 R-value, D 2844, CT 301 ............................................. $ 215 Sand Equivalent, D 2419, CT 217 ................................ $ 80 Sieve Analysis, D 422, CT 202 ..................................... $ 95 Sieve Analysis, 200 Wash, O 1140, CT 202 .................. $ 75 Specific Gravity, D 854 ................................................ $ 75 r'daxial Sheer, C.D., per point, CT 230 .......................... $ 190 Tdaxial Sheer, C.U., per point, D 4767, CT 230 ............. $ 175 Triaxial Sheer, U.U., per point, D 2850, CT 230 ............. $ 120 Unconfined Compression, D 2166, CT 221 ................... $ 160 Wax Density, D 1188 .................................................. $ 75 RoofinR Built-up Roofing, cut-out samples, D 2829 ....................$ 150 Roofing Materials Analysis, D 2829 .............................. $ 450 Roofing Tile Absorption, (set of 5), UBC 15-5 ................$ 150 Roofing Tile Strength Test, (set of 5), UBC 15-5 .............$ 150 nation, and Price Per Test Concrete Cement Anatysis Chemieal and Physical, C 109 .................. $ Quote Compression Tests, 6xl 2 Cylinder, C 39 ............................. $ 15 Concrete Mb( Design Review, Job Spec .............................. .$ 125 Concrete Mb( Design, per Tdal Batch, 6 cylinder, ACl ........... $ 650 Concrete Cores, Compression (excludes sampling), C 42.....$ 40 Drying shrinkage, C 157 .................................................... $ 190 Flexural Test, C 78 ............................................................ $ 40 Flexural Test, C 293 .......................................................... $ 45 Flexural Test, CT 523 ........................................................ $ 50 Gunite/Shotcrete, Panels, 3 cores per panel and test. ACI $ 190 Jobslte Testing Laboratory ................................................. Quote Lightweight Concrete Fill, Compression, C 495 .................... $ 30 Petrographic Analysis, C 856 ............................................. $ 1,000 Splitting Tensile Strength, C 496 ......................................... $ 65 Reinforcinf:l and Structural Steel Fireproofing Density Test, UBC 7-6 ..................................... $ 50 Hardness Test, Rockwell, each piece, A-370 ........................$ 15 High Strength Bolt, Nut & Washer Conformance, sat, A--32 ...$ 100 Mechanically Spliced Reinforcing Tensile Test, ACl ............. .$ 80 Pre-Stress Strand (7 wire), A 416 ....................................... $ 125 Chemical Analysis, A-36, A-615 ......................................... $ 100 Reinforcing Tension or Bend up to No. 11, A 615 & A 706 .....$ 42 Structural Steel Tensile Test: Up to 200,000 lbs (machining extra), A 370 ................................................................. $ 52 Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ....... $ 46 Asphalt Concrete Asphalt Mb( Design, Cattrans ............................................. $ Quote Asphalt Mb( Design Review, Job Spec ................................. $ 135 Extraction, % Asphalt, including Gradation, C 2172, T 310....$ 190 Film Stripping, CT 302 ....................................................... $ 80 Hveem stability and Unit Weight, CT 366 ............................ $ 140 Marshall Stability, Flow and Unit Weight, T-245 ...................$ 150 Maximum Theoretical Unit Weight, C 2041 .......................... $ 80 Swell, CT 305 ................................................................... $ 80 Unit Weight sample or core, D 2726, CT308 ....................... $ 75 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Deal 4asonry 3rick Absorption1 24-hour submersion, C 67 ................. $ 35 3rick Absorption1 5-hour boiling, C 67 .......................... $ 48 Brick Absorption, 7-day, C 67 ...................................... $ 53 Bdck Compression Test, C 67 ...................................... $ 34 Brk~k Efflorescence, C 67 ............................................ $ 34 Bdck Nkx:lulus of Rupture, C 67 ................................... $ 34 Bdck Moisture as received, C 67 .................................. $ 28 Bdck Saturation Coefficient, C 67 ................................. $ 44 Concrete Block Compression Test, 8x8xl 6, C 140 ......... $ 39 Concrete Block Conformance Package, C 90 ................ $ 350 Concrete Block Linear Shrinkage, C 426 .......................$ 100 Concrete Bk3ck Unit Weight and Absorption, C 140 ....... $ 34 Cores, compression or shear bond, CA Code ................ $ 34 Masonry Grout, 3x3x6 prism compression, UBC 21-18 .. $ 15 Masonry In-Place Shear Test, UBC 21 ~; .......................$ 125 Masonry Mortar, 2x4 cyl compression, UBC 21-16 $ 15 nation, and Price Per Test Aaare~ates Absorption, Coarse1C 127 ................................................. $ 25 Absorption, Fine, C 128 ..................................................... $ 25 Clay Lumps and Friable Particles, C 142 ............................. $ 95 Cleanness Value, CT 227 ................................................... $ 70 Crushed particles, CT 205 ................................................. $ 130 Durability, Coarse, CT 229 ................................................. $ 95 Durability, Fine, CT229 ..................................................... $ 70 Les Angeles Abrasion, C 131 or C 535 ................................ $ 165 Mortar making properties of fine aggregate, C 87 ................. $ 245 Organic Impurities, C 40 .................................................... $ 50 Potential Reactivity of Aggregate (Chemical Method), C289..$ 350 Sand Equivalent, CT 217 ................................................... $ 70 Sieve Analysis, Coarse Aggregate, C 136 ...........................$ 70 Sieve Analysis, Fine Aggregate (including wash), C 136 ...... .$ 80 Sodium Sulfate Soundness (per size fraction), C 88 ............. $ 80 Specific Gravity, C.(~arse, C 127 ......................................... $ 50 65 tMasonry Pdsm, half size, compression, UBC 21-17 ....... $ 90 i Specific Gravity, Fine, C 128 ............................................. $ Ninyo & Moore is also accredited to perform the AASHTO equivalent of many ASTM test procedures. ITEM 13 APPROVAL ~ CITY ATTORNEY II D,RECTOR OF F NANCE . 11 CITY MANAGER '~ II TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManageflCity Council ~J~(/Viiliam G. Hughes, Director of Public Works/City Engineer July 10, 2001 Annual Professional Services Agreements for Engineering and Construction Survey Services for Various Capital Improvement Projects for FY2001-2002 PREPARED BY: Amer Attar, Senior Engineer- Capital Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve the annual agreement with Kevin Cozad & Associates in an amount not to exceed $60,000 to provide as needed engineering and construction survey services; and Approve the annual agreement with Adikson Engineers, Inc., dba Adkan Engineers in an amount not to exceed $60,000 to provide as needed engineering and construction survey services; and 3. Authorize the Mayor to execute the agreement. BACKGROUND: There are various projects described in the approved Capital Improvement Program for Fiscal Years 2002 to 2006 that will require engineering and construction survey services. The attached agreements are for two separate annual contracts to provide as needed services and these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up through out the year. Two firms have been selected for annual agreements so that the City is assured that at least one firm will be available when needed. Once the annual agreements are executed, each service request will be negotiated separately with one of the two firms and may contain some or all of the following services: · Research existing survey data such as maps, records of survey, monument ties, and benchmarks. · Locate existing monuments. · Performing boundary and control surveys. · Prepare legal descriptions and plat maps for right-of-way acquisition. · Perform Aerial mapping and topographic surveys. · Establish and verify horizontal and vertical control. · Locate horizontally to 0.1 _+ feet all existing facilities. · Performing field surveying for project design purposes. 1 R;~,AG D RPT~2001~07 ~ 0~uN N UAL CONTRACT Sun'ey.AGR.DOC Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc. The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works/City Engineer. An accumulative not to exceed limit of $60,000 has been set by for each Agreement. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under this agreement, unless directed otherwise by the City Council. ATTACHMENTS: Agreement with Kevin Cozad & Associates Agreement with Adkan Engineers 2 CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES FOR FISCAL YEAR 2001-2002 THIS AGREEMENT, is made and effective as of July 10, 2001, between the City of Temecula, a municipal corporation ("City") and Kevin Cozad & Associates, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 10, 2001, and shall remain and continue in effect until June 30, 2002, unless terminated or extended pursuant to the provisions of this Agreement. 2. SERVICES. This is an annual contract for engineering and construction survey services on an as needed basis. Consultant can perform any of the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. When there is a need for engineering and construction survey on an as needed services, the City will identify the specific scope of work, and request a fee schedule from the consultant. The City will instruct the consultant to proceed with the work once the exact scope of work and the associated fees are negotiated. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. 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. 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 previsions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as negotiated and as set forth in Exhibit B, Payment Rates and Schedule, as modified on the consultant letter of June 27, 2001, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks as directed by the City on an as needed basis. Consultant shall not bill the City for any travel time and expenses associated with it, nor shall he charge a set minimum number of 1 r:~agrmts~masters~annual contract2001-02\Cozad annual agrmt/ajp hours for each site visit. Any terms in Exhibit B other than the payment rates ara null and void. The total cumulative annual amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreemenl. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for services in the amounts and in the manner as agreed to by the Director of Public Works/City Engineer and Consultant at the time City's written authorization is given to Consultant for the performance of said services. Any additional work in excess of the amount above shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under th is Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without fudher notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 r;.~agrmts\masters~annual contract2001-02\Cozad annual agrmt/ajp 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 previded 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 cleady identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make trenscripts therefrom as necessary, and shall allow inspection of all work, data, documents, preceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) yeare after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, pretect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officere, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions adsing out of or in any way related to the performance or non-performance of this Agreement, excepting only liability adsing out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3 r:~agrmts~masters~annuaf contract2.001-02\Cozad annual agrmt/ajp (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 wdtten on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand 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 projectJlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4 r:~agrmts~masters~annual contract2001-02\Cozad annual agrmt/ajp (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VlI, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Covera.qe. Consultant shall furnish the City with odginal endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any ti me or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 5 r:~agrmts~nasters~annual contract2001-02\Cozad annual agrmt/ajp 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, headng 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 pady may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Kevin Cozad & Associates, Inc. 151 South Girard Street Hemet, California 92544-4462 Attention: Kevin B. Cozad, President 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor wdtten 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. 6 r:~agrmts~masters~annual contract2001-02\Cozad annual agrmt/ajp 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enfome its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All pdor or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial 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 9commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 r:~agrmts~'~asters\annual contract2001-O2\Cozad annual agrmt/ajp IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Kevin Cozad & Associates, Inc. 151 S. Girard St. Hemet, CA 92544-4462 (909) 652-4454 Kevin B. Cozad, President By: Name Title (Signatures of two corporate officers required for Corporations) 8 r:~agrmts~masters~annual conb'act2001-02~Cozad annual agrmt/ajp EXHIBIT A TASKS TO BE PERFORMED 9 n~agrmts~rnasters~annual contract2.001-02\Cozad annual agrmt/ajp June 13, 2001 Amer Attar, P.E. MBA Senior Engineer - Capital Projects City of Temecula P O Box 9033 Temecula, CA 92589-9033 CIVIL AND STRUCTURAL ENGINEERS MUNICIPAL CONSULTANTS SURVEYORS / GPS PLANNERS RE: STATEMENT OF QUALIFICATIONS FOR ANNUAL AGREEMENT FOR ENGINEERING AND CONSTRUCTION SERVICES FOR FY 2001-2002 HOW WE WOULD LIKE TO PROVIDE YOU WITH EVEN BETTER SERVICE DURING THIS NEXT FISCAL YEAR Dear Amer, It has been exciting for us to be able to provide the City of Temecula with annual engineering and construction surveying services during this last year. We look forward to doing an even better job at providing the Public Works Department with excellent service and quality. We believe our unique method of staffing the survey crew with our engineers, provides an effective method of maintaining quality control for our clients. Because the survey crew is staffed with engineers that have design experience, we feel our survey crews have an "eye" for the detail required by the City of Temecula. As before, we have focused on providing our municipal clients with excellent service by maintaining a manageable staff and work backlog. We would like to continue providing our services to the City and, in order to even further improve our services, I would like to make an offer to the Department of Public Works. I would like to bring our surveyors to meet with the City's engineering staff to discuss how we can be of even better assistance to the City during this next fiscal year. Sincerely, Kevin B. Cozad President 151 South Girard Street · Hemet, CA 92544-4462 Annual Agreement for Engineering and Construction Survey Services City of Temecula Statement of Qualifications June 13, 2001 AVAILABLE SERVICES Preliminary Research & Surveying - Survey research at the City of Temecula, the County of Riverside, Rivemide County Flood Control and local utilities to obtain both recorded and unrecorded survey maps, monument ties and benchmarks. Research and analyze the existing recorded and unrecorded survey maps and compare to field monuments and field conditions. Review title reports and deeds to determine property boundaries and control. Obtain traffic control and encroachment permits from the City, the County and Caltrans to enter the public right-of-way during construction surveying. Provide traffic control dudng construction surveying in the public right-of-way. Perform boundary and control surveys using record information and monument ties to locate existing monuments for street centerline and property lines for control mapping. At Kevin Cozad & Associates, Inc.'s option, global positioning system (GPS) equipment may be used for either control or topographic surveying. Utilizing Riverside County benchmark NGVD 29 datum obtained from the County, the City or MWD, Kevin Cozad & Associates, Inc. can establish and vedfy vertical control and provide topographic surveying, construction surveying or large scale aerial mapping. Set 4-inch wide 4' X 4' aerial targets with X, Y, Z coordinates for horizontal and vertical control for aerial topographic surveying. Provide closure and reference maps to aerial survey firm for preparation of the aerial topographic survey map. Perform field topographic survey to collect field data, spot elevations and surface features of utilities with sufficient ovedap for design of improvements for construction utilizing robotic total stations with TDS data collection software. Hardscape physical features will be located both horizontally and vertically within .02+ foot accuracy. Natural ground features will be located within .10 + foot accuracy. Digital data reduction of topographic information, record utility locations, and aerial topographic data to a three-dimensional AutoCAD 14, 2000 or Intergraph .DGN compatible file. Kevin Cozad & Associates, Inc. Annual Agreement for Engineering and Construction Survey Services City of Temecula Statement of Qualifications June 13, 2001 Perform construction surveying for road and facility improvements utilizing the design engineer's CAD file, if available. Meet with the City and the contractor and determine the exact staking requirements for the project. Set off-set stakes, blue tops and other construction stakes required by the contractor to perform the grading and the construction of facilities. Perform office calculations for field stake out and provide cut sheets and control information to the City and the contractor. · Kevin Cozad & Associates, Inc. will also submit to the City: Utility location maps signed and stamped by Brian Fox, Professional Land Surveyor No. 7171, color coded per Caltrans utility mapping standards. B. Survey notes for the project route. Record maps collected from utility companies or public agencies for the project route. ADDITIONAL SERVICES Kevin Cozad & Associates, Inc. can also provide the following additional services to the City: Utility Research - Obtain available maps for water, sewer, electricity, gas, telephone, cable TV, and other known utilities in the project area. The results of the utility research can be added to the digital survey data file containing the topography. Field Locating of Existing Utilities - Verify surface utility markings along the project route. Above ground power and telephone poles can be field verified. Overhead wires can be located per record information, Research for the Acquisition of Right-of-Way - Research and obtain existing right-of- way documents and plot the existing right-of-way for review by the City. Prepare legal descriptions and plat maps for additional right-of-way and coordinate acquisition of right-of-way with the City. Coordination with Utility Purveyors - Meet with utility purveyors to coordinate the design of utilities that must be relocated for new construction. Redesign facilities,--- prepare construction cost estimates.and prepare legals and plat maps for additional easements. Kevin Cozad & Associates, Inc. Annual Agreement for Engineering and Construction Survey Services City of Temecula Statement of Qualifications June 13, 2001 Potholing - Additional subsurface utility exploration can be performed by potholing to accurately verify location and elevation of underground crossings. All topographic information and utility locations will be submitted to City staff for review in order to determine the alignment and to assign pothole locations. Assist City staff in determining location and ultimate number of potholes. Three-Dimensional Utility File - Plot available record and field verified underground and overhead utility information on the utility location map. Utility information will be plotted as a separate 3-dimensional digital file representing utility locations within the project limits. Utilities can be color coded per Caltrans Utility Mapping Standards. State Plane Coordinates - Assignment of state plane coordinates NAD-83 (CCS-83) Zone 6, California State Plane Coordinate System, can be used at control points along the route. Overall Project Feasibility - Review preliminary information to determine the overall feasibility of project, considering topography, existing utilities and conceptual design. Prepare preliminary construction cost estimates for City review. Project Management - Provide project management and coordination services of design consultants and processing through agencies for the City. Construction Administration and Inspection Services - Monitor compliance with plans, contracts and specifications. Review change orders, determine percentage completion and verify quality control. Prepare traffic control and barricade plans for construction. Full color photographic exhibits of facility or project routes. Video tape records of routes or sites before and after construction. Kevin Cozad & Associates, Inc. EXHIBIT B PAYMENT RATES AND SCHEDULE 10 r:~agrmts~nasters~annual contract2001-02\Cozad annual agrmt/ajp t Coz o &AssOCIATES, · Civil and Structural Engineers · Municipal Consultants · Surveyors I GPS · Planners 151 South Girard Street · Hamer, CA 92544 (909) 652.4454 · FAX: (g09) 766-8942 FAX TRANSMITTAL COVER SHEET ATTN: Laura Bragg, Assistant Engineer DATE: June 27, 2001 COMPANY: City of Temecula FAX #: (909) 694-6475 FROM: Kevin Cozad TOTAL # OF PAGES: 2 (including cover sheet) RE: Requirements for Annual Agreement Fiscal Year 2001-2002 MESSAGE/REMARKS: Laura, Kevin Cozad & Associates, Inc, will provide surveyin9 services to the City of Temecula. There will be no charge for travel time and no hourly minimum will be charged. If you have any questions or need additional clarification, please do not hesitate to contact me. Thank you, Kevln Cozad I , I Fj &Assoc , TES, I CIVIL AND STRUCTURAL ENGINEERS MUNICIPAL CONSULTANTS SURVEYORS / GPS PLANNERS SCHEDULE OF FEES December t, 1999 GENERAL SCOPE OF SERVICES Kevin Cozad & Associates, Inc. provides services in the fields of civil engineering, structural engineering, and land surveying in accordance with presently accepted professional practices. Kevin Cozad & Associates, Itmc. does not provide services relating to construction safety and shall be held harmless by the contractor from any liability in this regard. In the event that the client requests termination of work pdor to its completion, we reserve the right to complete, at the client's expense, such analysis and records as are considered necessary by us to place our ~es in order and/or to protect our professional reputation. PERSONNEL CHARGES-RATES PER HOUR Principal Engineer/Principal SurveyodStructural Engineer ....................... 135.00 Project Manager ....................................................... 120.00 Civil Engineer ......................................................... t05.00 Project Engineer ........................................................ 95.00 Project Coordinator ...................................................... 85.00 Design Enginccr ........................................................ 85.00 Drafting ............................................................... 65.00 Computer Design or Drafting - Staff rate plus $15/hour ......................... 105.00 Administrative .......................................................... 75.00 Typing, printing ......................................................... 45.00 Survey - Office time .................................................... 105.00 Two Man Survey Crew with Equipment (4 hr. minimum) ......................... 180.00 (Travel time charged portal to portal) Expert Witness - Deposition and/or Court appearance ............... Two times houdy rate Expert Witness - Research, Case Review and/or Preparation ........... Normal houdy rate Mileage to and from meetings or project site ............................... $0.35/rnite Blueprints, Duplicating, Photography, Binding, etc ......................... Cost + 20% Telephone calls, Postage ............................................ Cost + 20% Field Supplies (stakes, monuments, etc.) ................................ Cost + 20% TERMS OFPAYMENT Att services will be progress billed weekly, and all invoices are due and payable vd'ten issued unless othenNise agreed. Retainers are required for all projects. Our fee schedule is based upon prompt payment of fees. Interest will accrue at the rate of 1~ percent of the invoice total per month on invoices 30 days old or older. If suit or action is instituted to collect any sum due, {he client shah be liable for attorney's fees and court costs. 151 South Girard Street · Hemet, CA 92544-4462 CITY OF TEMECULA ANNUAL AGREEMENT FOR PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES FOR FISCAL YEAR 2001-2002 THIS AGREEMENT, is made and effective as of July 10, 2001, between the City of Temecula, a municipal corporation ("City") and Adkison Engineers, Inc., dba Adkan Engineers, ("Consultant"). In consideration ofthe mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 10, 2001, and shall remain and continue in effect until June 30, 2002, unless terminated or extended pursuant to the provisions of this Agreement. 2. SERVICES. This is an annual contract for engineering and construction survey services on an as needed basis. Consultant can perform any of the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. When there is a need for engineering and construction survey on an as needed services, the City will identify the specific scope of work, and request a fee schedule from the consultant. The City will instruct the consultant to proceed with the work once the exact scope of work and the associated fees are negotiated. 3. PERFORMANCE. Consultant shall at all times faithfully, competentlyand to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as negotiated and as set forth in Exhibit B, Payment Rates and Schedule, as modified on the consultant letter of June 27, 2001, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks as directed by the City on an as needed basis. Consultant shall not bill the City for any travel time and expenses associated with it, nor shall he charge a set minimum number of hours for each site visit. Any terms in Exhibit B other than the payment rates are null and void. 1 r:~agrmts~rnasters~annual contract2.001-02~Adkan annual agrmt/ajp The total cumulative annual amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for services in the amounts and in the manner as agreed to by the Director of Public Works/City Engineer and Consultant at the time City's written authorization is given to Consultant for the performance of said services. Any additional work in excess of the amount above shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 r:~agrmts~nasters~,nnual contract2001-02~Adkan annual agnmt/ajp 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or properly damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, 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 adsing out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3 r:~agrmts~masters~annual contract2.001-O2~Adkan annual agrmtJajp (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: H) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of Califomia; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Previsions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as insurads as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4 r:~agrmts~masters~annual contract2001-02~Adkan annual agrmt/ajp Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at ali 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 ara in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 5 r:~agrmts~rnasters~annual contract2001-O2~Adkan annual agrmt/ajp 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's pdor written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the dght, but has no obligation, to represent Consultant and/or be present at any deposition, headng or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Adkison Engineers Inc., dba Adkan Engineers 6820 Airport Drive Riverside, California 92504 Attention: Jerry Snell, Vice President 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor 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. 6 r:~agrmts\masters~annual contract2001-02~Adkan annual agrmt/ajp 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 judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All pdor or contemporaneous agreements, understandings, representations and statements, oral or wdtten, are merged into this Agreement and shall be of no further force or effect. Each party is entedng into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial 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 9commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 r:~agrmts~masters~annual contract2.001-02~Adkan annual agrmt/ajp IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OFTEMECULA Jeff Comerchem, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Adkison Engineers Inc., dba Adkan Engineers 6820 Airport Dr. Riverside, CA 92504 (909) 688-0241 Jerry Snell, Vice President By:. Name Title (Signatures of two corporate officers required for Corporations) 8 r:~agrmts~masters~annual contract2001-02~Adkan annual agrmt/ajp EXHIBIT A TASKS TO BE PERFORMED 9 r:~agrmts~masters~annual contract2001-02~Adkan annual agrmt/ajp SECTION "E" - A DETAILED LIST OF ITEMS OF WORK Scope of Services Research existing survey data such as maps, records of survey, monument ties, and benchmarks. Locate existing monuments. Performing boundary and control surveys. Prepare legal descriptions and plat maps for right-of-way acquisition. Perform Aerial mapping and topographic surveys. Establish and verify horizontal and vertical control. Locate horizontally to 0.1 ± feet all existing facilities. Performing field surveying for project design purposes. 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 10 r:~agrmts~nasters~annual contract2001-02~,dkan annual agrrnt/ajp JUH 27 200! 3:57PM HP LH~E~J~I ~UU P.J adk_an ENG'INEERS June 27, 2001 Ms. Laurie Bragg CITY OI~ TEMECULA 43200 Business Park Drive Temecula, CA 92589 Regarding: RFQ for Servey Services Subject: Conversation of 6/27/01 Dear Laurie: Per o; conversation today please take note of thc following: · adkan ENGIN~ engineering software is AutoCADD 14 efluivalcnt. · adkan E-~_,/~,$guarantccs next 'day service ffyour request for a crew is called in no la, et than 3 pm. · We will charge no travel time for oN work. · We will charge no minimum time once crew is on site. Thank you very much for taking the time to talk to mc today. We look forward to working with you. Sincerely, adkan IERRY SNELL Vice President JS:ck lenT157.1~' 4Commitleci To Client Satisfaction" RECEIVED JUN 2 7 2001 ClTY OFTEMECULA ENGINEERING DEPARTMENT ITEM 14 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City ManagedCity Council APPROVAL Y';7~l~t"~ ClTYATTORNEY ~ II DIRECTOROFFINANCE~ II CITY MANAGER ~ William G. Hughes, Director of Public Works July 10, 2001 Public Works Annual Maintenance Agreements PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the minor annual maintenance and construction contracts with: 1. Monteleone Contractors, Inc. in an amount not to exceed $100,000.00 2. Walter K. Becker (dba Becker Engineering), in an amount not to exceed $100,000.00 3. Rene's Commercial Management, in an amount not to exceed $100,000.00 4. Toran Development & Construction, in an amount not to exceed $100,000.00 5. NPG Corp (Nelson Paving & Sealing), in an amount not to exceed $100,000.00 6. Murrieta Development Co., in an amount not to exceed $100,000.00 7. Graham Crackers-Demo, Inc. in an amount not to exceed $100,000.00 BACKGROUND: Each year the City enters into numerous maintenance and construction agreements with various contractors that perform minor (small job) maintenance and construction jobs. These jobs usually range in cost from over $1,000 to under $25,000 and involve miscellaneous repairs to drainage areas, sidewalks, curbs, cutters, and storm drains to include excavation. Nevertheless, each job requires an agreement between the City and the contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under agreement seven contractors that are very capable of performing these routine jobs with little notice. Essentially, these agreements will give staff administrative tools needed to efficiently execute minor maintenance and construction work by having executed agreements which satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher more responsive maintenance capability. Aisc, in the event of harsh weather that can impinge the safety of the City roadways, and other City maintained areas, these agreements can facilitate an expedient reaction and resolution to advise conditions without jeopardizing administrative requirements. It is important to understand that the not to exceed $100,000.00 amount does not necessarily mean it will be spent but rather is a ceiling to operate below on an as needed basis. I r;~agdrpt~2001\0710~Annual Maint Agreements.AGN/ajp Although some jobs may be better accomplished by one contractor because of equipment availability, timing issues and job location, every effort will be made by staff to distribute the work load evenly between the three contractors. The contractor will be responsible for providing a work proposal for each job, which must be approved by staff before any work is started. Staff mailed letters to nine (9) contractors in the local area that could meet the described minor maintenance and construction needs. The letters requested time and material pdcing for both labor and equipment rates. It also included holiday and overnight rates. Seven (7) out of the nine (9) contractors responded and provided competitive labor and equipment rates as seen in Exhibit "B' of each agreement. Review of these rates has determined they are consistent with current prevailing wages and current hourly equipment rates previously paid bythe City. The contractors listed below responded to the request for time and material rates and are recommended for not to exceed $100,000.00 agreements for a one (1) year term. Company Monteleone Contractors, Inc. Amount not to Exceed Term $100,000.00 1 year Walter K. Becker (dba Becker Engineering) $100,000.00 1 year Rene's Commercial Management $100,000.00 1 year Toran Development & Construction $100,000.00 1 year NPG Corp. (Nelson Paving & Sealing) $100,000.00 1 year Murrieta Development Company $100,000.00 1 year Graham Crackers-Demo Inc. $100,000.00 1 year FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2001-02 Public Work's, Maintenance Division operating budget. ATTACHMENT: 1. Contractor Mailing List 2. Contracts 2 r:~agdrpt~001\0710~nnual Maint Agreernents.AGN/ajp Contractor Mailin.q List NPG Corporation (Nelson Paving & Sealing) P.O. Box 1515 Perris, CA 92572-1515 Del Rio Enterprise 42181 Avenida Alvarado Temecula, CA 92590 Walter K. Becker (dba Becker Engineering) P.O. Box 890365 Temecula, CA 92589-0365 Rene Commercial Management 1002 Luna Way San Jacinto, CA 92583 Monteleone Contractors, Inc. 39054 Camino Hermosa Murrieta, CA 92563 Toran Development & Construction 37110 Mesa Rd Temecula, CA 92592-8633 Murrieta Development 42540 Rio Nedo Temecula, CA 92590 Mayer's Blade Rental P.O. Box 398 Winchester, CA 92596 Graham Crackers-Demo, Inc. 25125 Felswood Lane Menifee, CA 92584 3 r.\agdrpt~2001\0710~Annual Maint Agreements.AGN/ajp CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FOR CITY'~VIDE ROUTINE MAINTENANCE THIS CONSTRUCTION CONTRACT, made and entered into as of July 10, 2001 by and between the City of Temecula, ("City") and MONTELEONE EXCAVATING ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 10, 2001 and shall terminate as of June 30, 2002 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 1 R:~maintain\workordcrs~annual',2001-2002~montelcone annual 01-02 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Lnduslrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:~naintain\workorders~annuah2001-2002Xmonteleone annual 01-02 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers fi.om and against any and ail claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City: 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise fi.om or in connection with the performance of the work hereunder by the Contmctur, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commerciai 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 thc required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injmy and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or elinfinate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall pmcure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on be~h31f~f-th~ontract~ducts and compl~t~-d~fions of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 3 R:~raaintain\workorders~annuaB2001-2002~nonteleone annual O1-02 (2) For any claims related to this project, the Conlractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractors officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services h~def-f6Fthe Ci~7. Th~Ci~ shallW6i-b~iable for compensation or ifi-d~ca~oh-tb-C6-fftractor for injury or sickness arising out of performing services hereunder. 4 RSmaintain\workorders~annuah2001-2002~mont¢leone annual 01-02 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such fmal inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 5 R:~raaintain\workordersXann uah2001-2002~nonteleon¢ annual 01-02 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Monteleone Excav~ing 35245 Briggs Murrieta, C~ifornia 92563 (909) 677-6403 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in va/ting, 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 Govemment Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further fome or effect. Each party is e~i~f/~-i~-6ilii~ Agreement b~61ely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6 R:~main tain\workorders~annuah2001-2002~non~leone annual 01-02 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR MONTELEONE EXCAVATING 35245 Briggs Murrieta, CA 92563 (909) 677-6403 By:. Ryan Monteleone 7 R 5maintain\workorders~annuah2001-2002~nonteleon¢ annual 014)2 EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of .material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 8 R:hnaintain\workorderskannual~2001.2002~monteleone annual 01-02 EXHIBIT B LABOR AND EQUIPMENT RATES 9 R:~maintain\wor korders~annual~2001-2002~montel¢one annual 01-02 REUblVbU MAY [ 9 Z001 CITY OF TEMECULA MONTELEONE EXCAVATING .ENGINEE. RING DEPARTMENT 35245 BRIGGS · MURRIETA, CALIFORNIA 92563 · (909) 677-6403 (909) 626-3337 FAX (909) 926-1988 Time and equipment rate for 2001 - 2002 Equipment Rate per hr Saturday/+ 8hrs Holiday/Sunday regular rate *per hour overtime overtime rate 450 dozer $100.00 $115.50 $131.00 D6LGP $130.00 $145.50 $161.00 D6H $115.00 $130.50 $146.00 834 dozer $170.00 $185.50 $201.00 824 dozer $160.00 $175.50 $181.00 D8k dozer $140.00 $155.50 $171.00 D8N dozer $140.00 $155.50 $171.00 DSR dozer $150.00 $165.50 $181.00 D9L dozer $190.00 $205.50 $221.00 650 komatsu $280.00 $295.50 $311.00 400 excavator $183.00 $198.50 $214.00 300 excavator $150.00 $165.50 $181.00 220 excavator $125.00 $140.50 $156.00 446 backhoe $1010 $116.50 $132.00 30 Mf skip/mower $77.50 $93.00 $108.50 450 C loader $145.00 $160.50 $176.00 950 loader $130.00 $145.50 $161.00 977 loader $130.00 $145.50 $161.00 973 track loader $140.00 $155.50 $171.00 963 track loader $130.00 $145.50 $161.00 12 G motor grader $110.00 $125.50 $141.00 623 scraper $150.00 $165.50 $181.00 860 scraper $140.00 $155.50 $171.00 657 push pull $240.00 $255.50 $271.00 637 E push pull $200.00 $215.50 $231.00 10 wheel dump/pup $80.00 $95.50 $111.00 Hi-side semi $85.00 $100.50 $116.00 4,000 gal w/truck $75.00 $90.50 $106.00 Lowbed truck $90.00 $105.50 $121.00 Foreman $63.00 $78.50 $94.00 Pick-up $30.00 $45.50 $61.00 Grade checker $51.00 $66.50 $82.00 Laborer $43.00 $58.50 $74.00 *Note- Overtime wages begin after 3:00P.M. with a 6:30 A.M. starting time. -RaterS-d-beyond 8 hours on weekdays affd~ll h-ours-on-Saturday_ Ryan Monteleone Ce11(909) 538-6537 Office(909) 677-6403 Pager (909) 694-7028 CITY OF TEMECULA ANNUAL CONTRACT AGREEMENT FOR CITYWIDE ROUTINE MAINTENANCE THIS CONSTRUCTION CONTRACT, made and entered into as of July 10, 2001 by and between the City of Temecula, ("City") and BECKER ENGINEERING ("Contractor"). In consideration of the mutual covenants and conditions set forth heroin, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 10, 2001 and shall terminate as of June 30, 2002 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars ($100,000.00) unless a higher mount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the fa:st and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 1 R:~maintain\workorders~annual~2001-2002\becker annual 01-02 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:Lmaintain\workorders~nnual~2001-2002\becker annual 01-02 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all clam, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commemial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed byor on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 3 R:~nainmin\workorders~annual~2001-2002\becker annual 01-02 (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including broaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a curm~t A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecfing the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indenmification to Contractor for injury or sickness arising out of performing services hereunder. 4 R:hnain tain\workordersLannualk2001-2002~beckcr annua! 01-02 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereat~er exist or of condhions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of tlais Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of Califomia. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 5 R:~maintain\workorders~annual~2001-2002~oecker annual 01-02 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Becker Engineering P.O. Box 890365 Temecula, California 92589-0365 (909) 731-3991 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of Califomia shall govem the rights, obligations, duties and liabilities of the parties to this Agreement and also govem the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Govemment Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6 RAmaintain\workordersXannuah200 [ -2002Xbecker annual 01-02 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN VOTNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR BECKER ENGINEERING P.O. Box 890365 Temecula, CA 92589-0365 (909) 731-3991 By:. Walter K. Becker, Owner 7 R:~naintain\workorders~annuag2001-2002\becket annual 01-02 Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 8 R:~main tain\workorders~annualL2001-2002\becker annual 01-02 EXHIBIT B LABOR AND EQUIPMENT RATES 9 R:~maintain\workordeesXannualX2001-2002\beeker annual 01-02 BECKERt ,ENGIlNEERING :: . CA License # 683396-A RECEIVED hIAY Z 9 2001 (?tY)) 731-3991 GRADING PAVING CONCRETE DEMOLITIONS PROPOSAL & CONTRACT 43200 BUSINESS PARK DRIVE CITY: TEMECULA I STATE: ca CITY: We propose to furnish all equipment and perform all labor necessary to complete the following: PLEASE REVIEW ATTACHED SHEET AS PER YOUR REQUEST IN LETTER DATED MAY 15,2001 This contract does not include any damage or repairs to underground facilities not visible from the surface or otherwise designated by owner / contractor and stated in this agreement. Any extra work or delays will result in contract reverting to Time & Material. All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum of DOLLARS ($ _) Terms of Payment: Any alteration or deviation from the above specifications involving extra cost of materials or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made It is further understood and agreed that Workmen's Compensation and Public Liability Insurance will be provided, however, coverage applies only to work actually performed by Becket Engineering in accordance with terms and conditions of this contract. Certificates of Insurance will be furnished upon request. THIS PROPOSAL IS VALID FOR D YS MTHE ABOVE DATE. Authorized Signature: ACCEPTANCE OF PROPOSAL In the event of customer failure to pay contract price, customer agrees to pay in addition to said contract price, reasonable attorney's fees, costs, and interest for collection. You are hereby authorized to furnish all equipment and labor to complete the work mentioned in the above proposal, for which agree to pay the amount mentioned in said proposal and according to the terms thereof. COMPANY: Authorized Signature: Date Accepted: IF CONTRACT ACCEPTABLE, PLEASE SIGN AND RETURN TO BECKER ENGINEERING. .4ENGINEERINGs:: CA License # 683396-A P.O. Box 890365 · Temecula, CA 925894~365 (909) 731-3991 GRADING PAVING CONCRETE DEMOLITIONS PROPOSAL & CONTRACT HOURLY LABOR RATES S.T. SUPERINTENDENT W/TRUCK $60.00 FOREMAN W/TRUCK $55.50 GENERAL LABOR RATES $46.00 ALL PRICES REFLECT 3.3% INCREASE P.W. SCALE. $91.00 $82.00 $66.00 HOURLY BARE EQUIPMENT RATES 450 DOZER $51.50 P.H. SKIPLOADER $39.75 P.H. 310 BACKHOE $51.50 P.W. 763 BOBCAT $43.75 P.H. 763 BOBCAT W/BREAKER $67.50 P.H. 863 BOBCAT $51.50 P.H. 863 BOBCAT W/BREAKER 75.00 P.H. BOBTAIL DUMP $51.50 P.H. lto3 TON ROLLER $26.75 P.H. 3to5 TON ROLLER $39.75 P.H. VIBRATORY PLATE $21.50 P.H. WACKER TAMP $21.50 P.H. WATER TRUCK $56.75 P.H. AREA MOVE INS AT $82.50 P.H. PERCENTAGE RATES FOR OUTSIDE SUBCONTRACTING: MATERIAL 15% EQUIPMENT 15% WE ARE A FULL SERVICE GENERAL ENGINEERING COMPANY WE OFFER THE FOLLOWING SERVICES: WELDING AND FABRICATION GRADING DEMOLITION CONCRETE,CURB,STORM DRAIN STRUCTURES ASPHALT WALL~,MASONRY WORK ALL TYPES~LARGE AND SMALL PONDS DRAINAGE CHANNEL SHAPING,GRADING RIP RAP ETC. IF CONTRACT ACCEPTABLE, PLEASE SIGN AND RETURN TO BECKER ENGINEERING. CITY OF TEMECULA PUBLIC WORKS MAINTENANCE DMSION ANNUAL CONSTRUCTION CONTRACT FOR CITYV~IDE WEED SPRAYING, ABATEMENT & LITTER REMOVAL THIS CONSTRUCTION CONTRACT, made and entered into as of July 10, 2001 by and between the City of Temecula, and Rene's Commercial Management. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the futura repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 10, 2001 and shall terminate as of June 30, 2002 unless sooner terminated as provided in this Agreement. 3. .PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B', Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall he guaranteed for one year fi.om date of acceptance. I RSmaintain\workorders~masters~2001-2002~Rene's Annual 01-02 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each crafi, classification, or type of Workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rotes are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rotes for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the ConWactor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:Xmaintain\workorders~masters~2001-2002~Rene's Annual 014)2 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectIlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: O) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 3 R 5maintain\workordershnasters',2001-2002~.e he'S Annual 01-02 (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractors insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except at~er thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:ViI, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall fumish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 4 R:~maintain\workorders~mastersX2001-2002~Re ne ' s Annual 01-02 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared bythe City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Govemment Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 5 R:¥naintain\workordcrsXmastcrs~2001-2002XRcnc's Annual 01-02 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, Califomia 92590 Attention: City Manager To Contractor: Rene's Commercial Management 1002 Luna Way San Jacinto, Califomia 92583 (909) 487-0247 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties conceming this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula or of a local public body shall have any interest, direct or indirect, in the cona'act of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further fome 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. 6 R 5maintain\workorders~masters~2001-2002~Rcn¢'s Annual 01-02 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney Rene's Commercial Management 1002 Luna Way San Jacinto, CA 92583 (909) 487-0247 By:. Rene Martinez, Owner 7 R:~'naintain\workorders~mastersL2001-2002~Rene's Annual 01-02 EXH~IT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 8 R:~mainmin\workorders~nasters~2001-2002~°,ene's Annual 01-02 EXHIBIT B LABOR AND EQUIPMENT RATES 9 R ~naintain\workorders~masters~2001-2002~Rene s Annual 01-02 Rene's Commercial Management 1002 Luna Way * San Jacinto, CA 92583 Tel. (909) 487-0247 * Fax (909) 487-0479 CLIENT: City of Temecula, CA DATE: May 28, 2001 TIME AND MATE-RIAL RATES FOR JULY 2001/2002 WEED SPRAYING: 1) Pre-emergent Applications: a) Sensitive Areas (Landscape areas): b) Non-sensitive Areas (Roadside): 2) Post-emergent Applications: (Older, larger weeds, higher rate) MECHANICAL WEED ABATEMENT: Man / Equip. Foreman & Pick-up RECEIVED MAY Z 9 7001 CITY OF TEMECULA ENGINEERING DEPARTMENT $195.00/Ac $155.00/Ac $125.00- $175.00/Ac Per Hour Sat./+8 hrs. Emer~encvResponseRate $20.50 $24.50 $28.95 $26.00 $30.00 $30.50 GENERAL LABOR, TRASH PICK-UP, HAULING, ETC.: Per Hour Sat./+8 hrs. Einer~encv Response Rate Per Man $18.50 $20.50 $26.50 TRACTOR / MOWING: Man / Equip.: $55.00/Hr. (Rate, includes transportation cost) (Minimum 3 Hours) All of these rates, reflect current Prevailing Wage and Certified Payroll Rene Marfinez - Cellular Phone: (909) 830-0239 - 24 Hours Rene's Commercial Management 1002 Luna Way * San Jacinto, CA 92583 * Tel. (909) 487-0247 * Fax (909) 487-0479 DATE: May 28, 2001 CLIENT: City of Temecula, CA TIME AND MATERIAL RATES FOR JULY 2001/2002 WEED sPRAYING.:. 1) Pre-emergent Applications: a) Sensitive Areas (Landscape areas): b) Non-sensitive Areas (Roadside): 2) Post-emergent Applications: (Older, larger weeds, higher rate) MECHANICAL WEED ABATEMENT: Man / Equip. Foreman & Pick-up $195.00/Ac $155.00/Ac $125.00 - $175.00/Ac Per Hour Sat./+8 hrs. Emergency Response Rate, $20.50 $24.50 $28.95 $26.00 $30.00 $30.50 GENERAL LABOR, TRASH PICK-UP, HAULING~ ETC.: Per Hour Sat./+8 hrs. Ememencv Response Rate Per Man $18.50 $20.50 $26.50 TRACTOR / MOWING: Man / Equip.: $55.00/Hr. (Rate, includes transportation cost) (Minimum 3 Hours) All of these rates, reflect current Prevailing Wage and Certified Payroll Rene Martinez - Cellular Phone: (909) 830-0239 - 24 Hours CITY OF TEMECULA PUBLIC WORKS MAINTENANCE DIVISION ANNUAL CONSTRUCTION CONTRACT FOR CITYVODE ROUTINE MAINTENANCE THIS CONSTRUCTION CONTRACT, made and entered into as of July 10, 2001 by and between the City of Temecula, and TORAN DEVELOPMENT & CONSTRUCTION. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 10, 2001 and shall terminate as of June 30, 2002 unless sooner terminated as provided in this Agreement. 3. PA3trMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. I R:'anaintain\workorders~masters~001-2002\Torah Annual 01412 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rotes are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or term/nate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of canses beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R?~maintain\workorders~masters~2001-2002\Torah Annual 014)2 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecfflocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 3 R:~maintain\workorders~master~001-2002~Toran Annual 01-02 (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, retum receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall famish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out ofperfarming services hereunder. 4 R:~naintain\workorders~masters~2001-2002\Torah Annual 01-02 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its office?s and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 5 R 5maintain\workorders~m~ters~2001-2002\TOrah Annual 01-02 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Toran Development & Construction 37110 Mesa Road Temecula, California 92592-8633 (909) 302-5965 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attomey fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6 R 5maintain\workorders~mas ters'O.001-2002\Toran Annual 01412 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney Toran Development & Construction 37110 Mesa Road Temecula, CA 92592-8633 (909) 302-5965 By: Gray D. Clapp, Owner 7 R:~main tain\workorders~masters~2001-2002\Toran Annual 01-02 Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal proper~ of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 8 RSmaintain\workorders~masters~001-2002\Torah Annual 01-02 EXHIBIT B LABOR AND EQUIPMENT RATES 9 R:~Inaintain\workorders~masters~2001-2002\Torah Annual 01-02 TORAN DEVELOPMENT & CONSTRUCTION 37110 Mesa Rd. Temecula, Ca. 92592-8950 RECEIVED MAY g 9 ZOO1 CITY OF TEMECULA ENGINEERING DEPARTMENT Phone-909-302-5965 UPDA TED TIME & MA TERIAL City of Temecula 43200 Business Park Dr. Att: Brad Buron To Whom It May Concern: As per your request on 5/15/01 concerning an updated time and material sheet from our company- Forman w/truck- $62.50 Labor- $54.50 All material is cost + 15% Commercial General Liability and Worker's Compensation Insurance is already on file with your office. Sincerely, Gary D. Clapp Toran Development & Construction TORAN DEVEL( 37110 Mesa Rd. Temecula, Ca. 92592-895 MAY 2, 9 2001 Pho CITY OF TEMECULA ENGINEERING DEPARTMENT ',TRUCTION e-909-302-5965 PROPOSAL # 1201 City of Temecula 43200 Business Park Dr. Temecula, Ca. 92590 Att: Brad Buron PROJECT LOCATION: Old Town Boardwalk, all streets Temecula, Ca. SCOPE: Old Town price break down. 1.) Paint: a.light poles ................................................................................................................... $110.00'ea. b.map structures ............................................................................................................... $85.00 ea. c.boxes ............................................................................................................................. $35.00 ea. &arches .......................................................................................................................... $225.00 ea. e.buss stop ..................................................................................................................... $185.00 ea. f. telephone structure ........................................................................................................ $95.00 ea. g.repaint restroom exterior only .................................................................................. $5,810.00 ea 2.) Boardwalk(aprox. 20,000 sq.fi.) a. seal only ...................................................................................................................... $1.35 sq.ft. b. sand any high,or bad spots ........................................................................................... $.50 sq.fi. c. add wood plugs ........................................................................................................... $1.00 sq.fi 3.) Clean, pressure ,wash and paint Main Street bridge ...................................................... $4,978.75 4.) Steam clean, pressure wash and seal coat with City supplied sealer 7,985 1.f. of city walk, curb and gutter ..................................................................................................................... $2.28 1.f. 5.) To cut and add hardware to make old whiskey barrels in to trash barrels ................ $138.75each Clapp CITY OF TEMECULA PUBLIC WORKS MAINTENANCE DIVISION ANNUAL CONSTRUCTION CONTRACT FOR CITYWIDE ROUTINE MAINTENANCE THIS CONSTRUCTION CONTRACT, made and entered into as of July 10, 2001 by and between the City of Temecula, and N P G CORPORATION. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope &Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), orhis designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 10, 2001 and shall terminate as of June 30, 2002 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quali~ of the wor~li~p~hall-b~guaranteed f~ye~fr~dat~-6f acceptance. I R:~naintain\workorders~nasters~2001-2002hNPG Annual 01-02 6. WAIVER OF CLAIMS. On or before making £mal request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indenmify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall complywith the provisions of Sectinns 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will subm/t an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out &causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Conlxactor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:~maintain~workorders~nastcrs~2001-2002~,rPG Annual 01-02 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise fi-om or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commereial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projeclAocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following previsions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products-and completed-operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 3 R 5maintain\workorders~masters~2001-2002hNPG Annual 01-02 (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. I/'qDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractoffs officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services h~d~r for-th~CftyC-Th~City~h~ll-hoVbe IialSle for compensation-orqndemniflcatio~to Contractor for injury or sickness arising out of performing services hereunder. 4 RAmaintain\workorders~nasters~2001-2002~NPG Annual 01-02 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no pica of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of thc Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons bc accepted as a basis tbr any claims whatsoever for extra compcnsafion or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 5 R:~maintain\workorde~masters~.001-2002~qPG Annual 01-02 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive · Temecula, California 92590 Attention: City Manager To Contractor: N P GCorporation P.O. Box 1515 Perils, Califomia 92572-1515 (909) 940-0200 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govem the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Conlract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement an~t~h~ll be 6fno fu-rth~r force or effe-ct.~a~h~arty-i~ ent~riffg into-this Agreement'based-solely~pon-the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6 R:Xmain tain\workorders'anasters~2001-2002'uNPG Annual 01-02 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney N P G Corporation P.O. Box 1515 Pen'is, CA 92572-1515 (909) 940-0200 By: JeffNelson, President 7 R:~naintain\workorderskmasters~001-2002hNPG Annual 01-02 EXI~BIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within live (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 8 R:~naintain\workorders~m~sters~001-2002'uNPG Annual 01-02 EXHIBIT B LABOR AND EQUIPMENT RATES 9 R:k'naintain\workordcrs~masters~2001-2002~qPG Annual 01-02 9 _001 C~TY OF TEMECULA ~ ~NG~-NEERING, DEPARTMENT..~ . Standard T & M Rate Sheet Prices Effective May 2001 GENERAL LABOR Standard Overtime Double Time Traffic Control 45,00 67.50 90.00 Shovel - Lute Laborer 45.00 67.50 90.00 PCC / Form Setter 45.00 67.50 90.00 OPERATOR~ Tractor Operator 52.00 Screed Operator 52.00 Roller Operator 52.00 Crack Fill Machine Operator 52.00 Paving Machine Operator 52.00 78.00 104.00 78.0O 104.00 78.00 104.00 78.00 104.00 78.00 104.00 EQUIPMENT BARE Hour Rate Day Rate Blaw Knox 180 (Rubber) 125.00 Cat AP 1050 Paving Machine (Track) 150.00 BG 220 Paving Machine (Rubber) 120.00 Asphalt Roller (3-5 Ton) Asphalt Roller (4-6 Ton) Asphalt Roller (5-8 Ton) Asphalt Roller (8-10 Ton) Ford 4 Wheel Drive Skip Loader 445 Operated 62.50 John Deere 210LE Skip Loader Operated 65.00 JD 670 Blade or CAT 12G Blade Operated 105.00 Asphalt Crew Truck (with all tools) Asphalt Berm Machine 200 Gallons Tack Rig 863 Bobcat Operated 85.00 Breaker 105.00 Grinder 18" 150.00 Sweeper 105.00 10 Wheel Dump Truck (4 Available) 70.00 International Dump Truck* 80.00 *Truck has Compressor & Jack Hammer Crafco Hot Crack Fill Machine DA 350 Seal Buggy Operated 70.00 Automatics 25.00 Ski Control Compressor Bare with 90 lb. Hammer Traffic Control Arrow Board 225.00 250.00 300.00 450.00 250.00 250.00 200.00 250.00 100.00 250.00 150.00 MOVES Hour Rate Day Rate Equipment Move--Paving_Machine Equipment Move ~ Roller 500.00 InZOut_ 300.00 In / Out · 4 Hour Minimum Charge on all Equipment & Labor* All equipment Subject to moves In / Out · Total Amount of Invoice will be determined at end of work day with the above Time & Material Rates · Applying Equipment Rental agreement form must be signed at the end of each work day by acting superintendent · Saturday Work will be billed @ time an % and Sunday Work & Holidays will be billed @ double time. · All Invoices to be Paid Upon Completion or as agreed upon. ox 1515 * Perris, California 92572-1515 / 909-940-0200 office 909-940-9192 fax GoldStar Asphalt Products currently stocks the following products: *Each Item is FOB our plant in Perris, California* SS-IH Tack Material GoldCoat 310 Slurry Seal Material UPM Bagged Asphalt (50 lb. Bags) Cai Seal Hot Rubberized Crack Sealer* *Road Grade Duro Flex Hot Rubberized Crack Sealer* *Parking Lot Grade GoldStar 315 Cold Pour Crack Filler 5 Gallon Bucket SS-IH Tack Material 5 Gallon Bucket ST 550 Seal Tank $1.75 per gallon $1.05 per gallon $5.95 per bag, Minimum 2 Pallet Purchase $0.34 per pound, Minimum 2 Pallet Purchase $0.42 per pound, Minimum 2 Pallet Purchase $25.00 per pail $15.00 per pail $150.00 per day If City of Temecula rents crack filling machine and buys material along with 3 men, GoldStar Asphalt Products can complete approximately 6,000 - 10,000 In. ft. per day depending on the road conditions. (909) 940-1610 Office · (909) 940-9192 Fax · 1354 Jet Way, Perris, CA 92572 (888) 770-7325 Toll Free CITY OF TEMECULA PUBLIC WORKS MAINTENANCE DIVISION ANNUAL CONSTRUCTION CONTRACT FOR CITYWIDE ROUTINE MAINTENANCE THIS CONSTRUCTION CONTRACT, made and entered into as of July 10, 2001 by and between the City of Temecula, and MURRIETA DEVELOPMENT COMPANY, I/NC. ("Conlractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractom to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated heroin as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 10, 2001 and shall terminate as of June 30, 2002 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated heroin as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assigmnent under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be fimfished and work performed and completed subject to the approva(ofthe C_i_ty or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. I R 5maintain\workorders~m~sters~2001-2002~dVlurrieta Dcv Annual 01-02 6. WAIVER OF CLAIMS. On or before making final request fur payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of tins contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rotes are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days aRer service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:~maintain\workorders~masters~001-2002~vlurrieta Dcv Annual 01-02 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may susta;m or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on b~half ofth~-C~ff~tor; prod~a~d~mplete~ operati~h~f-the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 3 R:~naintain\workorders~masters~2001-2002~VlunSeta Dev Annual 01-02 (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contrbute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptabilih, of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person author/zed by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an altemafive to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services herTffffder foY the Ci~7. Th~-Ci~hSlVff6t-be~§l~-for compensation or indemnificati6n t~-Conffazt~for injury or sickness arising out of performing services hereunder. 4 R 5maintain\workorders~mast erst001-2002Whurieta Dev Annual 01-02 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Thc Contractor shall at all times observe and comply with all such laws and regulations. The CiW, and its officers and employees, shall not be liable at law or in equity occasioned by failure of thc Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficuhies that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of thc Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 5 R:~naintain\workorders~nastcrs~2001-2002~M urfieta Dev Annual 01-02 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Murrieta Development Company, Inc. 42540 Rio Nedo Temecula, California 92590 (909) 719-1680 23. ASSIGNMENT. The Contractor shall not assign the performance oft[ds Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govem the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shaffbe~fh~o ~--rth~f-force or effect. Each~is~h~i~s Agreement ba~ed solel~th-e representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6 R:',maintain\workorders~masters~2001-2002~un5 eta Dev Annual 01-02 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing tiffs Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN VOTNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney Murrieta Development Company, Inc. 42540Rio Nedo Temecula, CA 92590 (909)719-1680 By: Dennis Cissell, President Todd Close, Vice President 7 R:~maintain\workorders~masters~2001-2002~Vlurrieta Dev Annual 01-02 Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 8 R:~ naintain\workorders~nas terse2001-2002Wlurrieta Der Annual 01-02 EXHIBIT B LABOR AND EQUIPMENT RATES 9 R:~naintain\workorders~m~stersL2001-2002~vlutrieta Dev Annual 01-02 NovaE7-93 04:04P P.03 MURRIETA DEVE, LOPMENT CO.. RIHTAL i{~'J'~,~ - INC. L}CN'NIS I. CISSELL PRF~;II)J-NJ' fO[ID K. CLOSE, VICF PRI.'SID[NT 450 yO'rANJ 170.00/HR 160,00/HR tO5,00 /HR 100.00 /HR 90.00/ HK LOADm ~6 CAT (1/2 YD I~[IC~ICT) 11-4~ CAT ~/H[~PE HOARD D. 0R C~ D-6M CAT 3 ] O.O0/IIR loG.Go/lIE 100.00/lIE 12s.oo/H R I 15,0g/HR MA~SEY-FERGU~ON MF50 7,';.00 ti'IR SS, GO/lIE 100..00/HR 105.00/HR 95.00/DAY 35,00/fIR 70.00/I1R 70,00 / DAY 70.00/IIR 00,00/HR 85.00/HR 85.OO/HR 85,U0 /lIE 1O,00/HR 50.00/~R 55.00 /HR 3O.0O/DA*/ I O0.00/DAY 75.00/nAY ho. Go/nAY lOO.OO/DRY ](JO,DO/DAY 6.%00/DAY 25.00/DAY 100.O0 /l~, 150.00 / DAY 1 sO.00/DAY ~0.00/DAY 6.,.00/nAy 40.00/HR .~0,00/lIE 43,00/IIR ~}5,O0/HR 6~.00 /IIR ALL HOUR!I IN EXCER$ OF 8 PER DAY AND/OR 40 PER WEEK WILL BE CHARGED AT TIME AND A HALF. CON?RA~I' LAUOR WILL BE CHARORD A~ IIAbF ~IMK HOURLY RATE TO 9~Vg~l~R. ~gRg WILL DE REV: 0512q/01 42540 RI() Nlil){.). 'I'I;.MI'!CIJI,A. CA 92590 · CAI .ltl I,IC.//.658592 · (909) '/Itl. 1680 · FAX (909) 719 1694 Nov- 27-93 04: 04P P.04 10120/00 Nov-27- 93 04: OBP P.05 CG ~0 10 11 ~5 ADDITIONAL iNSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) ~zti~ ~ndorsem~nL modifias i[tsurance provided under the following: c.:J.'rY OF T~ECULA (iE no entry appease above, in~or~matio~ required ~o compi~te chis endoreemeat will be sho~ in the ueclarations ~0 tc iNEUK~ '~ ...... insurcd PRIMARY EN~ORSE~iEi~£: It. is agreed that such insuranc~ as i~ afforded bu primly il~uxdnu~, and any ocher iu~u~'afice maintained by ~he Nov-~7-93 04:O4P FAX COVER 6Hi t4URRIETA OEVELOPI~ENT COHPAN'(, IHC. 4264o RIO HEOO TE/~ECULA, CA., 92590 (909) 719-1660 FAX (909) 71~'-1684 P.01 RECEIVED ET MAY 2, 9 2001 CITY OF TEMECULA ENGINEERIN() DEPARTMENT FROM: ~'~ ~..-"** DATE: PAGE;:' Nov-Z7-93 04: 04P P.OZ Ci_ty of Temecula " : 4:92'00 ~u~ine~ P~l~ Driv~.Temetula, CA 92590./V~gi~il~g ^dcin~s:~: PO R~x 9033.Tcm~ul;*. ~ 92~g 9033 (9o9) 6 ~64 t t · F,~x ~9~1694~475 May ~5, 2001 Murricta Developmenl (~ To Whom It May Concern: The City of Temecula, Public Works, Maintenance division is requesting an updated 'riraa and Material Sheet h'om your company. The purpose nf this request is to bring tile City's emergency routine maintenance call-out up to date. It Is f~rther intended afl~r review of the Thne and Material Sheets the City may elect to enter imo a one (1) year agree:neat for a not to exceed amoant, depending nn your company's expertise and prices. Tile scope of work for this agr~ment will include the emergency and routine maintenance jobs Iltat are typically under $10,000 and need lo be completed in short order. ntcs¢ jobs usually are categorized aS excavation services but may extend into a general or misecllapeous maintenance area. I~fl:re all agreement can be exeeot, cd each conLraclor shall provide proof of insurance ['hr Commercial General IAabilily (per occurrence $1,000,000) naming the City of Temecula aa additionally insured and a Certificale of Worker's Compe:l.~ation Insurance. The st;t~mitted Time and Material Sheets will be used to eslablish a competitive price threshold fi~r which anticipated agreements call be executed. Thc executed agreement will require proof of State Departra~m of Industrial Relations Prcvailiog Wage and Certified Payroll documentation. If you are interested in lifts program, plea.~e submit all paperwork ~o :he Public Works Department no laler than 4:~0 PM, Tuesday. May 29. 2001. I am hopeful to get this program started by July 1, 2001 so your quick respnn~e is appreciated. If you have any [urll~r qu~tions or n~ed more information regarding lifts matter, please contact me at (909) 694-641 I. Sipcerely, Brad Burun, Public Works Maintenance Superintendent C¢: William C;. llughes. Dirt:;lur otPubli¢ Wm'k~lCity £ngim.~l' CITY OF TEMECULA PUBLIC WORKS MAINTENANCE DMSION ANNUAL CONSTRUCTION CONTRACT FOR CITYWIDE ROUTINE MAINTENANCE THIS CONSTRUCTION CONTRACT, made and entered into as of July 10, 2001 by and between the City of Temecula, and GRAHAM CRACKERS-DEMO, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The work under this Agreement is non-exclusive and City reserves the right to hire other contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this Agreement. 2. TERM OF AGREEMENT. This Agreement shall commence as of July 10, 2001 and shall terminate as of June 30, 2002 unless sooner terminated as provided in this Agreement. 3. PAYMENT. a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this Agreement shall be One Hundred Thousand Dollars ($100,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. b. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth day of each month for services provided during the previous month. The invoice shall describe the approved work assignment under which the work has been performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. I R:~maintain\workorders~anasters~2001-2002\Graham Craeke~ Annual 01-02 6. WAIVER OF CLAIMS. On or before making fmal request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department ofindus~al 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 ot' 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 Sectinns 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contracto~s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it ma,/' be entitled at law, in equity or under this Agreement. 2 R 5maintain\workorders'~mast erst2001-2002\Graham Crackers Annual 01-02 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or falling to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (i) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-lnsured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf~f th~-ContrTrT0~; p~d~eted~ti~f the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 3 R:Xmaintain\workorders~masters~2001-2002\Graham Crackers Annual 01-02 (2) For any claims related to this project, the Contractors insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured malnta'med by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the District before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or i~-d~i~ic~tion to C~ for injury or sickness arising out of performing services hereunder. 4 R 5maintain\wor korders~asters~2001-2002\Graham Crackers Annual 01-02 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and c6mply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis fur any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by the City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 5 R:~naintain~workorders~nasters~2001-2002\Graham Craekem Annual 014)2 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula P O Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Graham Crackers-Demo, Inc. 25125 Felswood Lane Menifee, California 92584 (909)244-2235 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Govemment Code of the State of California. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous _agreements, understandir~gs, representations and statements, omi or written, are merged into this Agreement and shall be of no further fome 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. 6 R:'unaintain\workor derskmas t ersX2001-2002\Graham Crackers Annual 01-02 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney Graham Crackers-Demo, Inc. 25125 Felswood Lane Menifee, CA 92584 (909) 244-2235 By: Paul Graham, President 7 R:~maintain\workordcrs~mast ers'O.001-2002\Graham Crackers Annual 01-02 EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for the future repair, improvement, maintenance and/or construction upon real and personal property of the City of Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Public Works ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 8 R:~naintain\workorders~m~sters~2001-2002\Graham Crackers Annual 01-02 EXHIBIT B LABOR AND EQUIPMENT RATES 9 R:~naintain\workorders~masters~2001-2002\Graham Crackers Annual 01-02 Phone 888-430-3366 Fsx 909-244-0961 25125 Fe. bwood Lane Menifee, CA 92584 May22, 2001 City of Temecula Public Works Department PO Box 9033 Tem.ecula, CA 92589-9033 RECEIVED 9 2001 CITY OFTEMECULA ENGINEERING DEPARTMENT Dear Mr. Buron: Graham Crackers-Demo, Inc. specialiTes in structural demolition, excavation, mitigation and hydraulic breaker projects. We will consider work based upon Rental Rates, T & M plus O & P and/or Contracted. We serve the San Diego and Los Angeles areas. However, all areas will be considered. Paul Graham has over 30 years in the demolition and excavator business. Paul has been involved in the demolition of highway structures for highway renovation, earth quake mitigation and urban restorations. His expertise is heavily weighted in the demolition, processing and disposal of mass multi story buildings, staged highway structures and rock work. The excavator side of the business includes underground utilities, structures, waterways, compaction, and rip-rap installation. We have performed complete oil field remediation beginning with oil well dismantling and hydrocarbon mitigation to mass excavation of impacted soils. Company: Address: Office & Shop: Officers: Graham Crackers-Demo, Inc. Started 1997 (incorporated 1997) 25125 Felswood Lane, Menifee, CA 92584 25125 Felswood Lane, Men[fee, CA 92584 President: Paul Graham Chief Financial Officer: Chris Graham Graham Crackers-Demo owns and utilizes the following equipment: Cat 235C and 345B Excavators: with 8,000 pound and 10,000 pound breakers, pulverizers, compaction wheels and demolition buckets. Volvo A35C Trucks: 35 Ton Articulated Haulers with 6x6 Legal Firm: Mills & Cmvins 275 E. Douglas Ave., Suite 102, El Cajon, CA 92020 Attorney, Dale Mills (619) 588-9212 Fax (619) 588-1193 Accounting Firm: John F. Evertse, CPA 1279 W. Main Street, Suite 102, E1Cajon, Ca 92020 (619) 588-0151 Fax (619) 588-1140 Bonding: Davis Insurance Services P.O. Box 2800, Escondido, Ca 92033 (760) 745-0483 Fax (760) 745-8540 Union Bank of California Antelope Road, Menifee, CA 92584 (909) 672-7474 Terry (}age: $100,000.00+ 1660 Hotel Circle N, Suite 700, San Diego, CA 92108 (619) 295-7117 Fax (619) 295-8346 Rate 3% Financial Advisor & Retiremem Planning: Prudential Securities Inc. 701 B Street, Suite 1700, San Diego, CA 92101 (619) 531-1679 Fax (619) 531-1880 CIT Financial CMl Equipment Hawthome Machinery Iron Horse Grading, Inc. Jacob's Trucking Johnson Machinery Red Mountain Pacific Shepherd Machinery Vendors and Credit Lines Address PO Box 27248 Tempe, AZ 95285 Phone P(602) 784-2352 F(602)858-1494 22099KnaabeRoed Coren~ CA 91719 P(909) 27%53OO PO Box 708 P(858)674-7000 San Diego, CA 92112 F(858) 674-7175 15421 Old Hwy 80 El Cajen, CA 92120 P(619) 3904646 F(619) 3904653 15417 Olde Hwy 80 El Cajon, CA 92120 P(619) 440-4085 F(619) 7494028 PO Box 151 Riverside, CA 92502 P(909) 686-4560' F(909) 683-7739 525 Corporate Drive P(888) 224-9500 Escondido, CA 92029 F(858) 390-9585 Equipment Finance & Lenders Equipment Rental & Sales Heavy Machinery Sales & Parts Account # 332143 Contractor Hauler & Equipment Transporter Heavy Equipment Rental & Sales Heavy Equipment Rental & Sales Heavy Equipment Rental & Sales Account #332203 PO Box 226789 P(562) 4634000 Los Angeles, CA 90022 F(562) 695 8470 Sellers Petroleum SoCo Group, Inc. PO Box 6000035 San Diego, CA 92160 240 E. 1st Street Pen'is, CA 92570 P(858) 277-7601 Fuel & Petroleum Products F(858) 277-7209 Account #7511 P(909) 657-2350 Fuel & Petroleum Products Account #60885 Project~ over $100,000.00 - Completed in last 3 years Pro_iec~ ~ Camp Pendleton Camp Pendleton Area 52, I & 2 Naval Facility Mira Mar BEQ MCAS Phase 2 Mira Mar, SD Police Substation City of San Diego 26th & Imperial San Diego Senior Flexonics Facility - 3 phases MiraMar BEQ MCAS Phase 3 Mira Mar, SD Mira Mar Medical MCAS Dental Facility Mira Mar, SD San Diego Jewish Academy Dominguez Energy LP Iron Horse Grading Iron Horse Grading Iron Horse Grading P(619) 3904646 F(619) 390-4653 $150,000.00 $125,000,00 $105,000.00 Iron Horse Grading Soiree Pacific T.B. Panick & Sons Iron Horse Grading $110,000.00 P(619) 296-6247 $150,000.00 F(619) 2964314 P(619) 558-1800 $110,000.00 F(619) 588-1831 P(619) 3904646 $110,000.00 F(619) 3904653 P(310) 638-7791 $175,000.00 F(310) 639-3819 $850,000.00 Please review and send any additional requests or forms to be completed. Feel free to call our office if you have any questions. Paul Graham Graham Crackers-Demo, Inc. Phone 888-430-3366 Fax 909-244-0961 25125 Felswood Lane Menifee, CA 92584 C-21 Contractors License # 745828 Equipment Rates 345BL Excavator w/66" bucket .................. $185.00/hr with 48" compaction wheel ..................... -$195.00/hr with 8,000 lb breaker- ............................. $265.00/hr with 10,000 lb breaker- ........................... $285.00/hr 235C Excavator w/54" bucket .................... $175.00/hr with 8,000 lb breaker ............................ -$265.00/hr with 10,000 lb breaker ............................ $285.00/hr with pulverizer ..................................... $225.00/hr with 36" compaction wheel ..................... -$185.00/hr A35 Articulated Volvo Track ..................... $160.00Pnr 966F Loader ......................................... $120.00/hr Graham Crackers-Demo, Inc. Contractor's License #745828 TOLL FREE 18881430-3366 More Than 30 Years Experience ! MEMBER OPERA TING ENGINEERS UNION ITEM 15 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council APPROVAL CItY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER ,'~ William G. Hughes, Director of Public Works/City Engineer July 10, 2001 Amendment No. 2 with West Coast Arborists, Inc. for Renewal of Citywide Tree Trimming Maintenance Contract PREPARED BY:~4~radley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: Approve Amendment No. 2 for the extension of the Citywide Tree Trimming Maintenance Services Contract with West Coast Arborists, Inc. for a period of one (1) year beginning July 1, 2001 in an amount of $150,000.00 and authorize the Mayor to execute the contract extension. Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000.00, which is equal to 10% of the contract amount. BACKGROUND: At the regular City Council meeting of July 27, 2000 the Council approved Amendment No. 1 for the extension of the Citywide Tree Trimming Maintenance Services Contract. West Coast Arborists, Inc. has performed satisfactory work during the past two (2) years and has responded efficiently in all emergency situations. The original Contract contains provisions that allows the Contract to be extended on a yearly basis by mutual agreement of both parties for up to three (3) years by the prevailing construction cost index. The proposed contract limit is for $150,000.00 for the Fiscal Year 2001-2002 to cover the cost of maintaining trees that are in the public right-of-way. The work to be performed includes Class I tree trimming, tree and stump removals, root pruning, tree planting and emergency work call-outs. This work is necessary to maintain approximately 7,500 right-of-way trees known as the City's Urban Forest. The contractor will inventory all right-of-way trees by name, size and locations. FISCAL IMPACT: Adequate funds are included in the FY2001-2002 Budget for this contract extension under Public Works Maintenance Division, Routine Street Maintenance Account No. 001-164-601-5402 for the contract of $150,000.00 and the contingency amount of $15,000.00 for a total contract amount of $165,000.00. ATTACHMENTS: Second Amendment 1 R:\agdrpt~2001\710/tree trim extensio~/ajp SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND WEST COAST ARBORISTS, INC. THIS SECOND AMENDMENT is made and entered into as of July 10, 2001 by and between the City of Temecula, a municipal corporation ("City") and West Coast Arborists, Inc. ("Contractor"). In consideration ofthe mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On July 27, 1999 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services" ("Agreement"). B. The Agreement was amended June 27, 2000. The Agreement as amended shall be referred to as the "Agreement." C. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement is hereby amended to read as follows: CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept in full payment for, the work agreed to be done, the sum of: ONE HUNDRED FIFTY THOUSAND DOLLARS and NO CENTS ($150,000.00), The total amount of the original base bid. TERM: The term of the contract shall commence upon award by the City Council and continue through June 30, 2002. The City reserves the option to extend the contract(s) for an additional three (3) years. No price adjustments will occur during the first thirty-six (36) months of this agreement. Upon request of the contractor and agreement by the City, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino ALL Urban Consumers index to determine the percentage of increase or decrease, the term "previous twelve months: shall mean the twelve (12) month period ending June 30t~ of that year, or if not available, the prior month. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. ! R: ~d~INTAIN~TREES~W CO~ST.~MEND ZDOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Jeff Comerchero, Mayor ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR West Coast Arborists, Inc. 2200 E. Via Burton St. Anaheim, CA 92806 (714) 991-1900 BY: Patrick O. Mahoney, President Rose Epperson, Vice President BY: (Two Signatures Required For Corporations) 2 R:b~4AINTAIN~TREE~W CO,~ST.4MEND 2.DOC West Coast Arborists, Inc. 2200 E. Via Burton Street- Anaheim, CA 92806 (714) 991-1900 - (800) 521-3714 - Fax (714) 956-3745 April 17, 2001 Brad Baron City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 ; VED APR 1 9 C~TY OF ~ ' ~ EMECULA ENGINEERING DEPARTMENT RE: Renewal of Tree Maintenance Agreement Dear Brad, As this fiscal year comes to a close, we at West Coast Arborists would like to extend our sincere thanks and appreciation for all of the hard work that you and your staff have provided us. Our top priority has been to ensure quality urban tree care service; and together, we have been able to make this business venture a great success for the residents of Temecula. The time has come for us to once again renew our annual tree maintenance agreement. In keeping with current economic developments the cost of operating a business is on the rise. With this in mind, we respectfully request a unit price increase. I have attached for your review a newly updated price schedule. This increase was established using the Construction Cost of 3.3 % and will be effective July 1,2001. We appreciate your time and consideration for this price modification. If you have any.questions or concems regarding these price changes please feel free to contact either Keith Hennig or myself at (714) 991-1900. Paffick O. Maho~ey President A Professional Tree Maintenance Organizatz'onproviding Quality Tree Care since 1972 CITY OF TEMECULA Fiscal Year 2001/2002 Price Adjustment Item Description Unit 2000/2001 Price 2001/2002 Price 1 Gdd Trimming Each 29.00 30.00 2 Service Request Each 29.00 30.00 3 Clearance Trimming Each 14.50 15.00 4 Tree and Stump Removal Inch 15.50 16.00 5 Stump Removal Inch 4.10 4.20 6 Root Pruning w/o RB Each 62,20 64.30 7 Root Pruning wi RB Each 124.30 128.40 8 Plant 15 gal w/o RB Each 82,90 85.60 9 Plant 15 gal w/RB Each 98.40 101,60 10 Plant 24" box w/o RB Each 165.80 171.30 11 Plant 24" Box w/RB Each 202.00 208.70 12 Crew Rental - 3 man Hour 98.40 101.60 13 Emergency Crew Rental Hour 207.20 214.00 14 Watering Day 269.40 278.30 The 2001/2002 pdce reflecls a 3.3% increase and has been rounded to the nearest tenth of a dollal~ ff you have any questions regarding the calculation of the new prices please call Keith Hennig at (714) 991-1900. ITEM 16 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council APPROVAL ClTYATTORNEY ~ II DIRECTOR OF FINANCE_,~.,_~__~ ClTYMANAGER ~:~ II William G. Hughes, Director of Public Works/City Engineer July 10, 2001 Completion and Acceptance Pala Road Bridge Improvements, Environmental Mitigation; Project No. PW97-15EM PREPARED BY: Greg Butler, Senior Engineer - CIP RECOMMENDATION: That the City Council: Accept the project "Pala Road Bridge Improvements, Environmental Mitigation, Project No. PW97-15EM", as complete; and 2. Authorize the Clerk to file the Notice of Completion and release the Performance Bond, and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On March 21,2000, the City Council awarded the contract to Habitat West for an amount of $74,163.00. The project included a contingency amount of $7,416.30. This work included creating a 1.5-acre wetland habitat approximately 1.5 miles upstream of the Pala Road bridge project. This creation site was one of the mitigation measures included in the conditions of the regulatory agency permits issued for the Pala Road Bridge replacement project. Conditions of the regulatory agency permits require that the mitigation site be monitored and maintained for a period of five (5) years to insure the native plantings survive and are not taken over by exotic weeds. The original contract included provisions for this maintenance, however a change order was written to eliminate this work from the construction contract and a separate maintenance agreement was entered into to cover the five (5) year maintenance pedod. This allowed for the filing of the notice of completion and the releasing of retention and bonds, which are not typically required for maintenance work. Because of the five (5) year maintenance agreement no Maintenance Bond is required for this contract. FISCAL IMPACT: This project is funded through Bureau of Indian Affairs Funds (BIA), Capitol Project Reserves and Developer Impact Fees. These funds have been appropriated in Account No. 210-165-631-5804. The original contract amount for this projectwas $74,163.00. Contract Change Orders were approved deducting $16,100.00 for a total contract amount of $58,063.00. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit 1 R:~AGDRPT'~.001\0710\PW97-15EM.ACC.DOC/ RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 92590. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 3. A Contract was awarded by the City of Temecula to Habitat West, Inc. to perform the following work of improvement: Paia Road Bridge Improvements Environmental Mitigation Project No., PW97-15EM 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on July 10, 2001. That upon said contract the Developers Insurance Company was surety for the bond given bythe 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: PROJECT NO. PW97-15EM. 6. The street address of said property is: Pala Road, Temecula, California Dated at Temecula, California, this 10th day of July, 2001. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) Susan W. Jones CMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perju~, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 10th day of July, 2001. Susan W. Jones CMC, City Clerk ClTYOF TEMECULA PUBLIC WORKS DEPARTMENT ! ! CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW97-15 PALA ROAD BRIDGE IMPROVEMENTS ENVIRONMENTAL MITIGATION ! ! ! ! This is to certify ~atRtBI~t~ WEST, IN, (~.hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, tilat 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 wod( of improvement knowh as PROJECT NO. PW97-15, PALA ROAD BRIDGE IMPROVEMENTS, ENVIRONMENTAL MITIGATION situated ~ the City of Temecula, State of California, n'~re particularly described as follows: PROJEC? PW 97-15 PALA ROAD BRIDGE IMPROVEMENTS, ENVIRONMENT&L MITIGATION The CONTRACTOR declares that it knows of no unpaid debts or claims ahsing out of said Contract which would constitute grounds for any third party to claim a Stop Notice'against of any unpaid sums owing to t~e CONTRACTOR. ! ! FuAher, in connection with the final payment of the-Contract, the CONTRACTOR hereby disputes the following amounts: - Description Dollar_A_~o_u_nt to Dispute ! ! Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents anti 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 conb'act amount which the CONTRACTOR has not disputed above. ,~ ~ ! IJ II Dated: JUNE '15, 2001 CONTRACTOR GIGI ~ U ~'i~ature PRESIDENT, CEO : ," ' ~ Print Name anclTitle.' R,1 R:~I~,DOC$~4ASTERS;NEWBID' ITEM 17 APPROVAl ~.. ~ CITY ATTORNEY ~ II DIRECTOR OF FINAI~CE,,~_f.f.~ II CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council ,"~,,~,'Villiam G. Hughes, Director of Public Works/City Engineer July 10, 2001 Professional Services Agreement - Converse Consultants Contract for Geotechnical and Material Testing Services Pavement Management Project - FY2000-01, Project No. PW00-30 PREPARED BY: Amer Attar, Senior Engineer - Capital Projects Steven Beswick, Associate Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve an agreement with Converse Consultants in an amount not to exceed $32,020.00 to provide as needed geotechnical and material testing services for the Pavement Management Project for FY 2000-01, and authorize the Mayor to execute the agreement. Authorize the City Manager to approve Change Orders not to exceed the contingency amount of $3,202.00, which is equal to 10% of the agreement amount. BACKGROUND: The Pavement Management System - FY 2000-01, Project No. PW00- 30 will require Geotechnical and Material Testing Services and the attached agreement is for the contract to provide the needed services. On April 20, 2001, the City Manager approved a contract for $16,268 with Converse Consultants to provide pavement design recommendations for the subject project. The construction contract for Pavement Management System - FY2000-01 (Project No. PW00- 30) was approved by City Council at the June 26, 2000 meeting and now the project requires a Geotechnical and Material Testing Services Consultants. Converse Consultants was selected to provide the Geotechnical and Material Testing Services based upon their work for the City's with FY 2000-01 Annual Geotechnical Contract and their expertise with subject project. This Professional Services Agreement with Converse Consultants for the Geotechnical and Material Testing Services is for an amount not to exceed fee of $32,020. FISCAL IMPACT: The Pavement Management System - FY2000-01 is a Capital Improvement Project funded through Measure, AB2928 Funds and Capital Project Reserves. Adequate funds are available in Account No. 210-165-655-5801 cover the total geotechnical and materials testing agreement cost of $35,222.00, which includes the contract amount of $32,020.00 plus 10% contingency of $3,202.00. ATTACHMENTS: Agreement with Converse Consultants 1 R:\AG D RPT~2001~0710\Conver seG~ot ec~ I:~VO030.a gr. DOC CITY OF TEMECULA AGREEMENT FOR PROFESSIONAL GEOTECHNICAL & MATERIAL TESTING SERVICES PAVEMENT MANAGEMENT SYSTEM ClTYWIDE FY2000-2001 PROJECT NO. PW00-30 THIS AGREEMENT, is made and effective as of July 10, 2001, between the City of Temecula, a municipal corporation ("City") and Converse Consultants, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 10, 2001, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 10, 2002, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, er 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 previsions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Thirty Two Thousand Twenty Dollars and No Cents ($32,020.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 1 r:\cip~projects~wOO-30~agreements~onverse matedat agrmt b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum (basic agreement amount and contingency amount) exceed twenty-five thousand dollars ($25,000.00). 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 wdtten notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 r:~cip~projects~pwO0-30~agreements\converse matefiat agrmt 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 cleady 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. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. '10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3 r:~cip'tprojects'tpwOO-30~agreements~converse material agrrnt (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 dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4 r:\cip~rojectst, pwOG-30~agreernents\converse matedal agrmt (3) (4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12, LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's pdor written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten 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 preper[y 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 fullywith City and to provide City with the opportunityto review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Converse Consultants 10391 Corporate Drive Redlands, California 92374 Attention: Hashmi S.E. Quazi, Ph.D., GE 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor wdtten 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. r:~cio~Droiects~owO0-30~a(3reements~converse material aclrmt 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or wdtten, are merged into this Agreement and shall be of no further rome or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 r:~cip~projects~pwOO-30~agreernents\converse rnatedat agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comemhero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Converse Consultant 10391 Corporate Dr. Redlands, CA 92374 (909) 796-0544 Hashmi S.E. Quazi, Senior Vice President Richard Gilbert, CFO (Signatures of two corporate officers required for Corporations) 8 r:\cip~projects~pw00-30~agreements~converse material agrmt EXHIBIT A TASKS TO BE PERFORMED 9 r:~cip~projects~pwOO-30~agreements~converse matedal agrmt Proposal - Pavement Testing Services City of Ternecula June 27, 2001 Page 1 I. SCOPE OF SERVICES we will provide personnel and equipment for geotechnical and laboratory testing in accordance with the Greenbook, Caltrans, the City of Temecula and County of Riverside requirements. Based on project requirements, our scope of services will include: Task I: Field Observation and Testing 1. Observe roadway grading operations 2. Evaluate compaction procedures 3. Test compaction, moisture content, etc. 4. Provide batch plant inspection Task Ih 1. 2. 3. Laboratory TestinR Determine maximum dry density and optimum moisture content for fill and backfill Determine sand equivalent of bedding matedal Verify bituminous paving mixtures compliance wit~ contract specificatiens and standards. Task II1: Technical Manaqement 1. Attend construction meetings 2. Evaluate field procedure and progress 3. Evaluate field testing results 4. Provide guidance and recommendations Task IV: Report Preparation 1. Describe field procedures 2. Tabulate field density data 3. Provide laboratory date 4. Provide conclusions and recommendations 5. Provide reports CCIENT~O FFICELJ OB~:ILE~2001 \81 \01 - 140\01140-3,pro EXHIBIT B PAYMENT RATES AND SCHEDULE 10 Proposal - Pavement Testlng Services City of Temeculs June 27, 2001 Page 8 VI. COST ESTIMATE Our cost estimate is provided on the following table. Our fees for the services listed in our scope of work will be billed on a time and materials basis in accordance with our Schedules of Fees and General Conditions, copies of which are included in this section and form a part of this proposal. The cost estimate should be considered a not to be exceeded fee for the scope of work described. Total Unit Total Se[vice Unit Units Rate Attend Pre-construction and 1 additional meetings Meeting 2 $300,00 $600.00 Observation and Testing during Grading and Aggregate Base Placement, Field density testing Hr. 280 $55.00 $18,200.00 during subgrede and base compaction Field sampling and testing of base and asphalt Hr. 60 $65.00 $3,900.00 concrete Durability Index (aggregate) Test 4 $120.00 $480.00 Sieve Analysis (aggregate) Test 4 $70,00 $280.00 Sand Equivalent (aggregate) Test 4 $60.00 $240.00 Percent Wear (100 & 500 revolutions) Test 4 $50.00 $200,00 Asphalt Extraction and Gradation Test 8 $120.00 $960.00 Asphalt Stability Test 8 $150.00 $1,200.00 Maximum density test on soils and aggregate base Test 16 $105.00 $1,680.00 Batch Plant Inspection Hr, 40 $65.00 $2,600,00 Project Management Hr, 12 $95.00 $1,140,00 Support Staff Hr, 12 $45.00 $540.00 Total $32.020.00 ~ Converse Consultants CCIENT~OFFICE~JO BFILE~2001 \81\01-140~01 l&O-3.pro Jun 2B O1 08:31a Delinda Kin~ =u~-f~-'~ p.~ CONVERSE CONSULTANTS PrevailingWage Schedule of Fees Pemonnel Introduction It iS the objective of Converse Consultants to provide ils cllenls with quality professional and technical services and a continuing source of professional advice and opinions. Sen'ices wtil be performed in a manner consistent with that leveJ of cam and skill ordinarily exercised by members of the protessio~ currently p~cticlng in the same focality under similar conditions. ThiS fee schedule is valid through January 31, Hourly Charges for Personnel staff aSagnmeflts wig depend on persann~ avatia~ily, J~ complexity, pn3ject site Iocatton end expedanco level required ~n sstis~y the technical requirements of the preject and to meet Ute p~evei~ng standard of pm.fsssiana! cam. Construction Inspector - ICBO an~/~ DSA serlJfteci (concrete, masen~, structurel steel, f~ep~ooflng, inaludas conc~'ete bateh ptant and local steel tebrlcaben inspections) $50 So~s Technician 65 Supervisory Soils Technician 70 Protessldna~ Services (Field and Office) Staff ProteSstOnal S70 Senior Steff Pr~ianal 75 Pceiect P~otessioeal Se~o~ Prof~ 100 Principal P~ofe~onnl 130 Laboratory Tasting Latioratery Technicia~ $60 (Unit prices for routine tests quoted upon request; see Geo~chni~i Laboratory Testing and Materials TasUng Services Schedules of Fees) Office Support ClsdcalfWo~l Processing $4.5 O~fting 45 CAD Operate~fling Manager 65 An o~ertime charge of 50 percemt of the abeve houdy rates (excluding Professional Se~Aces) will be added for time ~ excess of eight hours per day at the job site and f~' all time on Saturd aye, S und~ys and holidays. Travel §me to and from the jeb site will be charged at the houdy rates for U'~ appropriate petssn~el. Expenses 1. E~lo~tlo~ expenses (dillling, trenching, etc.) are charged at cost plus flftee~ per,ant. 2. Travel alxl subsistence expenses [trans~oo~la~, ~m and board, eto-) tor individuals off Projects teclui~ing travol and/or living away from a princ~pel office are charged et cost ~us fifteen perce~t. 3. Automobile and truck expenses are charged at cost. plus flro~an I~ce~l (rentsis) or al:a rate of fifty cents per mile for c~mpany-owned ~hlalas travdlng betw~ principal offise and project. 4. Other o~Jt-of-~et d~-ect project expenses (aerial photos, long-distance telephone catis, permits, bonds, outside printing se~vises. tests, etc~) ere charged at coat plus ~ftoe~ percent. These expenses am allocated to projects acco~ling to written ~ Invoices 1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be s~timltted upon ~ompfatlon of services, fovoice~ will show charges for each C~tego~ of pers~nsl and expense cfasalfication. 2. Payment iS due upo~ presentalion of invoice a~d is pastKlue tolrty days from invoice date. In the event Client fails to raake any paynle~[ to Converse when due, Co,venue may immediately ~ease work herm~nder until said payment, tegether w~th a servi~e charge et the ~ate of eighteen percent per annum (but not exceeding the maximum a[towed by law) from the due date, has been received. Further, Conv~su may at Its sole option and discreUon refuse to perform any fu~her work irrespective of payment troro Client in the event Cient fails ~ pay Co~verse fo~ se~qces when said payments are due. 3.Client shall pay attorneys' fees or other costs lscun~d in collecting any detinque~ amount. General Conditions The terme and provlslens of the Convarse Gene,'a~ Com:lltlons ara incorporated Into this fee schedufa ~s ~hough set forth ~n full. If a copyofthe General Co, dittoes does not accompany this tee schedule, Client shculd r~q~,ast a copy from this of~se. CONVERSE CONSULTANTS Schedule of Fees Geotschnical Laboratory Testing Compensation for laboratory testing services will be made in accordance with this fee schedule. Costs of tests not on th~s schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non-cootamiceted soil. A sumha~ge will-be charged for handling contaminated material, which will be determined based on the project. IDENTIfiCATION AND INDEX PROPERTIES TESTS Visual Classification, ASTM [72488 ...................................... 8.00 Eng[nesdng Classification, ASTM D2487 .......................... 15.00 Moisture Content Moisture Content & Dry (Balk) Density, ASTM [72216 & 02937 .............................................. 15.00 Moistu re Content, ASTM D2216 ................................. 10.00 Sht'[nkage Limit, ASTM D427 ............................................. 85.00 Atterberg Limits, ASTM D4318 Several points ............................................................. 75.00 One point. .................................................................... 40.00 Panicle Size Analysis, ASTM D422 Fine Sieve [From +//200 to//4) ................................... 75.00 Coarse Sieve (From ~200 to 3 in) ............................. 75.00 Hydrometer ................................................................. 80,00 Percent Passing ,'~200 S~eve, ASTM Dl140 ...................... 35.00 Specific Gravity Fine (passing #4 sieve), A~FM D854 ......................... 70,00 Coarse (retained on #4 sieve), ASTM C127 ............... 70.00 Sand Equivalent Test ......................................................... 70.00 Double Hydrometer Dispersion, ASTM D422.1 ................ 150.00 COMPACTION AND BEARING STRENG'FH Standard Precis r Compaction, ASTM D6g8 or ASTM D155%91 Msthod A or B ........................................................... 115.00 Method C (6-inch mold) ............................................130.00 California Impact Method (Caltrans 216) ......................... 1S0.00 R-value, ASTM D2844 ..................................................... 210.00 California Bearing Ratio (CBR), ASTM D1883 1 point ....................................................................... 125.00 · 3 point ....................................................................... 325.00 Relative Density " 0.1 cubic foot mold .................................................... 200.00 0.5 cubic foot mold .................................................... 300.00 SHEAR STRENGTH To,yens/Pocket Penetreeneter ........................................... 15.00 Direct Shear (per point) Quick Test ................................................................... 50.00 Consolidated - Drained (granular soil) ASTM D3080 ........................................................... 130.00 · Consolidated - Drained (fine grained soil), ASTM D3080 ........................................................... 150.00 · Consolidated - Undrained (fine grained) ..................... 80.00 Residual Strength, per Cycle ...................................... 30.00 Rernolded Specimens, per specimen ......................... 30.00 STATIC UN1AXIAL AND TRIAXlAL STRENGTH TESTS (P£n PO~rr) Unconfined Compression, ASTM 2166 .............................. 55.00 UnoonesJideted - Undrained, ASTM D2850 ....................... Consolidatecl. Undrained ................................................ 350.00 Cen~olidated - Drained .................................................... 350.(}0 Wifh Pore Prec~re Measurement, p~r toad .................... 1D0.00 Remoldad Speclmene, per specimen ................................ 40.00 CONSOLIDATION AND SWELL COLLAPSE TESTS 8 Load Increments ........................................................... 160.00 Additional load incremenl .................................................. 20.00 Time-Ratio, per load increment ......................................... 40.00 Single Pc4nt (collapse test) ................................................ 40.00 Single Load Swell, ASTM D4546 Ring Sample, Field Moisture ..................................... 50,00 Ring Sample. Air Dried ............................................... 50,00 Remalded Sample, per specimen ..................................... 30.00 Expanslen Index Test, UBC 29-2/ASTM D4829 ............... 80.00 HYDRAULIC CONDUCTIVITY TESTS Constant Head, ASTM [:)2434 ......................................... 200,00 Falling Heaci Flexible Wall, ASTM D5084 ....................... 250.00 Triaxial Perrneabiltty, EPA 9100 ...................................... 300.00 Remoldad Specimen, per specimen ................................. 50.00 CHEMICAL TESTS Corrosivity (pH, resistivity, suJfates, c~loddes) ................ 140,00 Organtc Content. ASTM D2974 ......................................... 5S~00 ~un 28 O! 08:320 ueJ~noa K~n~ ~ua-~oo-~o~u r.--- CONVERSE CONSULTANTS Schedule of Fees Materials Te~ting Services Compensation for laboratory testing sa~ices 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 ea~cas wi~l be pa~ormed tn acco[dance with the General Conditions. This fee schedule is valicl through January 31,2002. AGGREGATES Moisture Content (ASTM D2216) ........................................... $10.00 Particle Size Analysis Coarse (ASTM C136), each ............................................. 60,00 Coarse and ~ine (ASTM C136 & 137), each ................... 120.00 Specific Gravity & Absorption Coarse Aggregate (ASTM C127) ..................................... 70.00 Fine Aggregate (ASTM C128) .......................................... 70.00 Unit weight pet cubic foot (ASTM C2O) ............................ 40,00 Soundness-Sodium or Magnesium (ASTM C86),~ach...200.00 Potential Alkali Reactivity (ASTM D289) ........................ 300.00 Freeze Thaw Soundness ............................................... 175,00 Los Angeles Abrasion, per ~ass (ASTM Cl 31, C535)...200.(30 Sand Equivalent (ASTM D241g) ...................................... 60.00 Lightweight Particles (ASTM Ct2O), each ........................75.00 Clay Lumps and Friable Particles [ASTM C142), eacl3 ...40.00 Strip~ng test (ASTM D1664), each .................................. 65.00 Organic impurities (ASTM C40) ....................................... 50,00 Durability .................................................................... By Quote CONCRETE TESTS Laboratory Trial Batch (A~TM C192) ............................... By Quote Laboratory Mix Design, historical data ............................. By Quote Compression Test, 6"x 12" cylinder (ASTM C39), each ......... 20.00 Light Weight Concrete Compression .......................................... i .......... ~ .............. 20.00 Unit Weight ....................................................................... 20.GO Specimen preparation, trimming or nering .........................50.00/hr Bond Strang~ (ASTM C321) Prepared by Converse ................................................. 120.00 Prepared by Others .......................................................... 60.00 Core Compression Test (ASTM C12), each ...........................40.00 Flexure test, 6"x 6" beams (ASTM C78), each ........................50.00 Modulus o! Elasticity - Static (ASTM C469), each ...................90,00 Length Change (3 bars, 5 readings each, up to 26 days) (A~TM C157) .........................................150.00 Splitting Tensile, 6' x 12' cylinclere, each ................................ 40.00 Freld Concrete Centrel (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 Cytinder ........ 70,00 F~ld Concrete Control (same as above ptus air content test) ASTM/UBC, hourly rate schedule, or each Cylinder .............................................. 80.00 Hold Cylinder ............................................................................. ?.00 CONCRETE AND MASONRY (ASTM C140, E4~-7, USC STANDARD 24-22) Moisture Content, as received, each ....................................... 20.00 Abso~)tion, each .................................................................... 6[3.00 Compression, each .................................................................. 35.00 Sh~nkage {ASTM C426), each ............................................. 120.00 Net Area and Volume, per set of 3 ........................................... 50.00 Masonry Blocks. par set of 9 .................................................. 420.00 Compression Test, grouted prisms, 8' x 8" x 16", each ............................................................ 85.00 Compression Test, grouted prisms, 12' x 16" x 16", each ..................................................... 120.00 Compression Test 2' x 4' Mortar Cytinder, each ........................................... 20.00 3' x 6 Grout Prisms, each ................................................ 20,00 2 Cubes {ASTM C109), each ........................................... 20.00 Cast by others ......................................................................... 20.00 Modar or Grout Mix Designs ............................................. By Quote FIREPROOFING TESTS Oven Dry Density (per samples) ............................................ 45.00 ASPHALTIC CONCRETE Stability, Flow, and Unit Weight, Marshall ASTM D155g, ASTM D2726, set of 3 Specimens/samples ................................................... 150.00 Meast~red M;ximum Spacifio Gravity of Mix (ASTM [32041) (Rices Method), each ..................................................... 65.00 Void Analysis of Cores or Marshall Specimens Calculations Only (ASTM D32O3) set of 2 ar 3 .............. 35.00 Laboratory Mixing of Asphalt & Concrete, pet sample ............ 50.00 Exlraction of Asphalt and Gradation, each ............................ 120.00 Complete Asphalt Concrete Mix Design (Hveem or Marshall! ................................................ By Quote Extraction, % Asphalt (ASTM D2172, Method B) or Calitomle 310, including ash c~orrecr~o~, each ............. 160.00 Specific Gravity (ASTM D272O or ASTM O 118~) uncoated ......................................................................... 50.00 costed .............................................................................. 70,00 Immersion-Compression ..................................................... 400.00 Particle coating (ASTM 2489) .............................................. :.. 30.00 St~paing (ASTM D1664) ......................................................... 50.00 Moisture or Volatile Distillates in paving mixtures, or materials containing petroleum products or byproducts ................................................................... 120.00 Retained Strength (ASTM D1074/D107§) 6 specimens ............................................................ By Quote Retained Stability, Mil, Std, 520A, Method 104, 6 specimens ............................................................. By Quota CBR, ASTM D1883, including M/D cuwe, 1 point ................. 210.00 Asphalt Temperature ............................................................... 15,00 STRUCTURAL STEEL Raber bend/tensile test, less than 14 ...................................... 50.00 Rabar basal/tensile test, 14 or n~re ........................................ 60,00 Steel studs and/or botts ........................................................... 40.00 High strength bolt and washer, per sat .................................. 30000 NOTES: (1) SeeGeotechnJcalLaboratosyTestingScheduleofFeasforsoil testing. (2) Hourly rates are available upon request. (3) Field leboretoly rates are available upon request. (4) Listed unit rates are based upon the assumption that Samples will be delivered to cur laboratory at no cost to Converse. ITEM 18 A P P R OVA I-/~.¢/., .r---- CITY ATTORNEY DIRECTOR OF FINANC'E_¢~ CITY MANAG ER (-.-)/'/ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Herman Parker, Director of Community Service ~.~v._~:''~ July 10, 2001 Department of Parks and Recreation Per Capita Grant Program PREPARED BY: Barbara Smith, Management Analyst ~t,c''~ RECOMMENDATION: That the City Council adopt a Resolution entitled: RESOLUTION NO. 2001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 DISCUSSION: The Per Capita Grant Program, Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 provides for per capita grant funding to California cities, counties and park districts to provide for and enhancement of recreational and open spaces areas to meet the needs of our rapidly growing population. Per Capita grand funds can only be used for capital outlay and this is a one time grant opportunity. The Per Capita grant funds are available in two components. The first component, Per Capita I, has a statewide allocation of $338,000,000. Sixty percent (60%) or $202,800,000 of this allocation is available to cities that provide park and recreational services. Per Capita II, the second component of this grant, has a statewide allocation of $50,000,000. Eligible applicants for the Per Capita II component are cities and districts with a population of less than 200,000, making the City of Temecula eligible for both components of this grant. The City of Temecula's eligible funding amount from this grant is $488,000. FISCAL IMPACT: This grant has been anticipated and already incorporated in the Capital Improvement Plan improvement of our Sports Complex. In the CIP an estimated amount of $450,000 was incorporated into the project, we have been notified that this amount has increased by $38,000 for a total of grant amount of $488,000. R:~smithb\Per Capita\Staff Report Per Capita Grant.doc RESOLUTION NO. 2001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 THE CITY COUNCILOF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: WHEREAS, the Legislature and Governor of the State of California have approved a grant for the above Program; and WHEREAS, The California Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the governing body to certify by resolution the approval of the City of Temecula "Grantee" apply for the Per Capita Allocation, and WHEREAS, the Grantee will enter into a Contract with the State of California for subject project(s); NOW, THEREFORE, BE IT RESOLVED that the City of Temecula: Approves the filing for local assistance funds from the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and 2. Certifies that the Grantee has or will have sufficient funds to operate and maintain the project(s); and 3. Certifies that the Grantee has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and Appoints the City Manager or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of projects(s), R:\smithb\Per Capita~Reso-Per Capita Grant.doc 06/26/2001 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on July 10, 2001. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Cler~DistrictSecretaw [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 2001- was duly adopted at the regular meeting of the City Council of the City of Temecula on the 10th day of July, 2001 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\smithb\Per Capita\Reso-Per Capita Grant.doc 06/26/2001 ITEM 19 APPROVALS/. CITY ATTORNEY DIRECTOR OF FINAN~,E CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council Herman D. Parker, Director of Community Servic s~_..~ July 10, 2001 Acceptance of Median Landscape Bonds and Agreement along Meadows Parkway for Tract Nos. 29431 and 24136: Newland Communities, LLC PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the City Council accept the agreement and surety bonds from Newland Communities, LLC, Inc. to the landscaped medians along Campanula Way and De Portola Road in Paseo del Sol, Specific Plan 219, Tracts 29431 and 24136. BACKGROUND: Pursuant to the conditions of approval the developer is proposing to install and improve landscaped medians for Tract 29431on Campanula Way from Meadows Parkway to De Portola Road, and for Tract 24136 on De Portola Road from Campanula Way to Meadows Parkway. To insure that the future landscaped median is constructed to City standards, the developer is required to post security to improve these areas based upon the approved landscape/irrigation plans and the certified construction cost estimates for the improvements. As a result, Newland Communities, LLC has entered into an agreement with the City and has provided surety bonds, issued by The American Insurance Company, as follows: Campanula Way and De Portola Road Landscaped Medians Tract Nos. 29431 and 24136: 1. TAlC Faithful Performance Bond No. 111 2748 2500 the amount of $95,979.00. 2. TAlC Labor and Materials Bond No. 111 2748 2500 in the amount of $47,989.50. 3. TAlC Warranty Bond No. 111 2748 2500-M in the amount of $9597.90. Upon completion and acceptance of the improvements by the City Council, staff will recommend the appropriate release or reduction of the bonds. R:~smithb',Bonds~StaffRep-Tract 29431&24136 Med Bonds.dec 07/10tOt FISCAL IMPACT: borne by the developer. None. The cost of construction for the ~andscaped medians will be ATTACHMENTS: Agreement/Bonds. R:ksmi~hb'~BondskStaffRep-Tract 29431&2a136 Med Bonds,doc 07/10rOI :' CITY OF TEMECULA pARKLAND / LANDSCAPE IMPROVENIF2~ AGREEM'ENT DATE OF AGRI:.~.MENT: NAMg. OF SUBDIVIDER: NAME OF SUBDIVISION: TRACT NO.: TENTATIVE MAP RESOLUTION OF APPROVAL NO.: June 7, 2001 NEWLAND COI~I~IITIES, LLC (Referred to as "SUBDIVIDER") PASEO DEL SOL (Referred to as "SUBDIVIDER") TRACT 29431 & 24136 SPECIFIC PLAN 219 (Referred to as "Resolution of Approval") PARKLAND IMPROVEMENT PLANS NO.: CANPANm,A WAY & DE PORTOLA HEDIAN8 (Referred to as "Resolution of Approval") ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS: $ 95,979.00 COMPLETION DATE: 1017101 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: '£lt~ AI~RICAN INSURANCE COMPANY Bond ~ 111 2748 2500 NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: · rltg AMERICAN INSURANCE COMPANY Bond ~ 111 2748 2500 NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: · trig AI~RIP_.~I INSURANCE COMPANY Bond ~ 111 2748 2500-M This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a Final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the f'fling, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the f'fling, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is requh'ed as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a I'mal map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by Parkland/Landscaping Improvement Security required by the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. · F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDMSION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDMSION. As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recogn/zed that the determination of whether a reversion to acreage or rescission of the SUBDMSION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, T/tFREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDMSION, SUBDIVIDER and CITY agree as follows; 1. SUBDIVIDER'S Obligations to Construct Parkland/Landscape Improvements. SUBDIVIDF_.R Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, aU the Parkland/Landscape Improvement Work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: c. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. d. Except for easements or other interests in real property to be dedicated to the homeowners association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. p~cquisition and Dedication of ga~ements or Rights-of-Way. If any of the parldand/12ndscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDMDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. C. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security.. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by famishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the puxposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and b. to secure payment to any contractor, subcontractor, persons renting equipment, or famishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials famished in the additional amount of 10 % of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on f'de with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be fried with the City Clerk and, upon filing, shall be deemed to have been made a pan of and incorporated into this Agreement. Upon ffiing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not refieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100 % of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. If the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community Services shall certify the completion of the Parkland/Landscape Improvements to the Board of Directors. b. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. ll.~e,~llll~l~. Subject to approval by the Board of DLrectom of the Community Services District of the CITY, the securities requi~ed by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25 % of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50 % of the total Landscape/Parkland Improvement Security given for faitlfful performance until expiration of the maintenance period and f'mal completion and acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been fried and of which notice has been given to the legislative body, plus an amount reasonably determined by the Director of Community Services to be requixed to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims fried during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until f'mal acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 7. Injury to Public Improvements. Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacment or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. permits. SUBDIVIDER shall, at SUBDIVIDER"S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER. a. Default of SUBDIVIDER shah include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely complete construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure any defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER's failure to perform any other obligation under this Agreement. b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. The CITY shall have the right, subject to this section, to draw upon or utili?~e the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDMDER'S default under this Agreement, SUBDIVIDER 11 authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDMDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDMSION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available'to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDF_.R. 10. Warranty.. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after City acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape Improvement Plans and specifications referred to herein, SUBDMDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDMDER'S obligations under this Agreement. 12. !_n.iury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. 12~l~2ff~ll~el~. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. ~IYBDIVIDER'S Obligation to Warn Public During Construction. Until tVmal acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the pubfic of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. X~. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDF_.R further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDF_R, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDMDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDF. R shall remain obfigated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all fiability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or The improvement security shall not be required to cover the provision of this construction. paragraph. 18. Sale or Di .sposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDMDER from the obligations set forth herein. If SUBDIVIDF, R sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. ~. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than · In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and f'mal .judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the Director of Community Services. 21. ~II~e3lillg~a.[~. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is fried with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Notice to SUBDIVIDER: Neuland Co~onities, LLC James H. Delha~er 9404 Genesee Ave., Suite 230 La Jolla, CA 92037 23. ~. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. _CaglJom. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 18 Incorporation of Recitals. The recitals to this agreement are hereby incorporated 26. into the terms of this agreement. 27. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. IN WITNESS X~I-IEREOF, this Agreement is executed by CITY, by and through its Mayor. SUBDMDER l~ewland Cu,,--unities, LLC a Delaware ]{m{ted liability co~pany By: ~ Name: ~u. Title: J~c~Mnq & G.E.0. / / Name: __ LAURA C. WENDING Title: .., SR..V.P. & IREASURE~ CITY OF TEMECULA ere~ero, Mayor (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) A'I'I'Ic~ST: ( ';~a~/~': ~, ~c./ ~.~City~erk Name: ~illi~ ~ughe~ City ~g~r By: ~ Dk~tor of Commuffity Se~ices APPROVED AS TO FOR/VI: By: ~ Pet City Attorney 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California On personally appeared \ ~, ~C)/ before me, Name(s) of Signer(s) '~ersonally to me known [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-i~/are subscribed to the within instrument and acknowledged to me that he,~/they executed the same in hie/~dtheir authorized capacity(les), and that by hie./f'mr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary SealAbove WITNESS my hand and official seal. Signature of Nolary Public OPTIONAL 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 Doc, ument T~t,e or Type of Document: ~+t~, oFq-~m~¢ulq ~a~to~dllo~t~e h~. ,t¢4~. Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(les) Claimed by Signer .... Signer's Name: '.~:~ ~ ~. ~ [] Individual ~.-Corporate Officer -- Title(s): [] Par[her-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: SignerlsRepresenting: U0__,.~.~iq.J~ Gmmuni C/eS / ClX Top of ~humb here PROJECT AREA LANDSCAPED MEDIANS Tract Nos: 29431 and 24136 PROJECT ARE~, Surety Bond Review The attached surety bonds (American Insurance Company) have been reviewed. (Newland Communities, LLC) Bond # 111 2748 2500 111 2748 2500 111 2748 22500-M $95,979.00 $47,989.50 $ 9,597.9O surety company is an admitted company in the State of California [--~The admitted company was verified at www.insurance.ca.gov/docsfisladmitted.htm [~The surety company is not an admitted company in the State of California Surety bond reference is A.M. Best 2000 version 071400 (A++:FSC XV) Verified by: -Gus Papagolos, Senior Management Ahalyst Approved As to Form: Peter M~ Paseo Del Tract 29431 - Campanula Way & De Portola Road T.C.S.D. Medians Estimate of Probable Costs June 8, 2000 Hardscape Items Quantity Unit Unit Cost Total Cost Concrete Paving 7,262 SF $4.50 $32,679.00 Landscape Items Quantity Unit Unit Cost Total Cost Planting Landscape Green Fine/Finish Grade & Prep 11,965 SF $0.15 $1,794.75 Auto Irrigation 11,965 SF $1.50 $17,947.50 Ground Cover 11,965 SF $0.75 $8,973.75 Subtotal $28,716.00 Trees 24" Box 55 EA $350.00 $19,250.00 36" Box 2 EA $530.00 $1,060.00 Subtotal $20,310.00 Shrubs 5 GaL 1,586 EA $9.00 $14,274.00 Subtotal $14,274.00 Subtotal of Landscape Costs $63,300.00 Project Grand Total $95,979.00 Bond #111 2748 2500 Premium: $384.00 CITY OF TEM~CULA P~/LANDSCAPE FAITRFUL PERFORMANCE BOND WHEREAS, the City of Tc'm~ula, State of Cali£omia, and ltltla~l~ COt~lIl~ITr~.S, I~C (here/uaP~ d~/~a~l as '~in~ipai~ have entered into ~ wlu~by Principal a~r~s to imtall and ~mpl~ cmain Paddand Improvemmts, which said Agr~mant, dated July 14, 1998 /~ff , and ideagfi~d as Project ~rac~ Campanula & DePortola Mediag~ I~reby r~ferr~d lo and made a par~ hereof; and VaiSREAS, Principal ia r~cluir:d tmd~r ~ t~rms of the Ai~r~ero~nt m fumiah a bom for the Faithful P~rformancc oflhe Allr~nent; ~me NOW, ~O1~, we the P~cipai ami, ~usu:auc~ co~a~ as surety, are held and fumly bo,,-d un~o ~he City of T~cula. California, in l~e pmml slim of $ 95,979.00 lawr~l mon~ of th~ Uni~.d States, for rt~ palantir of s~h sum well and tuffy ~o be made, bind ourselves, our heirs, su~mssors, ex~umm and admi~islralom, jointly and scv~lly, Tha'~ondi~ion or,his oblii~afion is such rimt ~ oblige*ion shall become null ami void if li~ above-bounded Principal, his or i~s h~irs, executors, adminislramrs, suco~ssom, or a~si~, shall i~ all rkin~ stand to, abi~ by, well and trolF ~p, and perform th~ covananm, conditions, and provisions in itle All~em~nt and any al~.rali.n thereof made as gler~in provided, oll his er thdr par~, to bc kopt and p~rferm~d at ~1~ time and in the mamaer therein specified, and in all mspeots a~m'ding to his or tl~ir role in~.-nt and meanint, and shall indanmii¥ and save hermits the City ofTm, l~oula, ils officers, a~'~lts, and employees, as zher~in stipulated; o~herWise, ,hi. obligation .h.~ be and remain in full force and As a pan ofth~ obligation secured hat, by and in additio~ to tim face amount specitied therefor, ~ shall be incinded costa and reasonable expenses and fe~, in¢ludi~ r~asonable attorney's fe~. in.m-ed by City ia suooessfully anfcs~ing suoh obligation, all to be tax~l as and im:ludad in any judffomant re~cl~d. The surety h~by stipulatas and ag~s that no ehsnge. ~xl~nsion of tim~, alteration or add/tion to ~ term_3 of the A~r~mem or to thc work lo b~ pe. rform~l tho~o~mcler or the speoifi~ations a~ompanying the same shall in anyway affoot its obligations on this bond, and it ~oes l=~by w~ivo notice of aay eucl~ cha~,e, :~l~io~ of time, ~lt~-~on or addition to thc · ,crms of the A~emcnt or the work or to the speci~cafions. I~ 'vV1TN'ESS WHEREOF, this/nstrtnne~t has been dtfly execu~d by th= Principal and Suret~abovenamec~on ~,ay 23 , 20 01 SUR~ ?R1NC-'~AL NEWLAND COMMUNITIES, LLC, / a Delaware l~,.~:e~ lia~ill=y~ompany ~,X~ X X SR. V~P. & TREASURKR ~LI~NNA K. ~8 · V~E PILE8 DE~ ~D (Tma) APPROVED AS TO FORM: City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California~ ~ ~ County of ss. On~ c~/-~, ~/before me, Date Name arid TitJe of Officer (e.g., "Jane Doe, Notary Public"} personally appeared I,NI~'¢, ~ Name(s) of Signer(s) ~.~ersonalty known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -ia/am subscribed to the within instrument and acknowledged to me that he,~he/they executed the same in h~c~r/their authorized capacity(les), and that by his~w~-/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. OPTIONAL Though the information be/ow is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent rersova/ and reattachment of thi form to another document. Description of Attached Document Title or Type of Document: ~,[~' ~..~ I ~,.C{ ~1{~.~ ~""~ Documer~tDate: ~ q-tq-q Number of Pages: ~'~ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signe.r_. L~ IL Signer's Name: [] Individual orporate Officer -- 'Rile(s): artner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: STATE OF California COUNTY OF nv .... On__May 23, 2001 · before me, SS. JanJna Monroo: Notary Pnhlie PERSONALLY APPEARED Vi~fnwiA M personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL ,,, Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent Feattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF A'FFACHED I~0CUMENT Tm. EtS) [] PARTNER(S) [] LIMITED [] GENERAL [] AI-rORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrPF(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 P, ev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT Bond #111 2748 2500 Premium included in Perf Bond CITY OF ~CULA PAKKLAND/L~SCAPE LABOR AND lW_ATEI~IALS BOND WI~AS. thc City ofTcmecul~ Sta~ of Califong~. end NEULAND C ~0~IT?E'~. LLC ~. (her~,..~er dasigoeted es '~tincipal'~ have mere'ed into em Agrem'ae~ whe~by Princ~pn] ngrees to inmtl ~.d ~omplete certain Parklen~ Improvements, said Agreemca_t, dated July rd, 1998 //~.0/ and identified as Trace 29431 Campanula ' & DePortole Medians , Jsherabyrcfcrrcdtoendmadaal~m'th~rec~ and which I~'ojcct V*rt~, under thc term of said Agreement, Principal is rcqui~ed b~ore entering upon thc perfonnenoc of ~J~ work, to filo a good end sure,nc payment bond with the City of T~ecula, to secure thc claims ~o which reference is made in Title 15 (enmmenc~nt~ with SecSon 30S2) of Pan 4 of Division 3 cf thc Civil Code of the Slat~ of Cal/forn/a; end ~he American .~OW, T~OI~ We th~ plincipal ~ Insurance Company as Sllrety, are held ,-_,~ finely bmmd u~o the City of Temmcula, California, aud all conuactom, su~co~acmm, laborch, ma~,l,.,,% ~h~ pm's~ms employed ia ~lm performaacc of the aforesaid Agremmen! and reran-ed m in Title 15 of thc Civil Code,, in thc pcmal man of $ ~-7,989.f0, lawful money ofthe ~ States, for n~erials fm'nislmd ar labor thereon of any kind, or for am~umm due under ~h: Ummaphiymcn~ Izsarancc Ac~ with respec~ m such work or labor, ~m~ Sure~ will pay~ sense in an anmunt no~ cxcemting the arrmtm~ s~ for~. As a par~ af the obligogen secured hereby aud in additon m the face amoun~ specified dmrzfor, ~here shsq bc included cosa and reasonable expenses a~d fees, including reasonable al~mmey's fees, incurred by Cky in successfttlly entire:lng such obligslion, all to bc mxcd as costa end included in enyjudgenmn~ rendered. I! is hereby e:tlxessly slipul~d end agreed ? this bond shall insure to *he bensfit of any and all pcrsens, corapanics and c~mli~ns cn~i~led lo file claimm uader Tide 15 -2- IN WITNliSS WHBILBOF, this instrun~t has bee~ duly executed by the Principal and SURETY ~--,, - A~'TORNEY~- ~tN - FACT / a Del~wa~ l~i~ liabil~y C~pauy S~ V.P. &/RE~SURER APPROVED A8 TO FORM: Peter Thorson, City A~on~, -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~ ~llllr~0 } ss. On{~t-()J~ c~q, o~ / before me, i11¢ii~ ~11 personally appeared I,~11~¢, ~ qt_- t, alIOIINA lC ~ Name(s) of Signer(s) ~.,~ersonally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ;,e/are subscribed to the within instrument and acknowledged to me that he,~'~/they executed the same in h;~,,,er/their authorized capacity(les), and that by ~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Nota~SealAbove WITNESS my hand and official seal. OPTIONAL 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 ofAttached D,.ocument I~' [ ~;~r)~- c~"~°~O 1~ ~~ ~tle or Type of Document: ~~ ~(~d~ ~ + ~rl'~ ~ Document Date: ~ ~lq ~ ~ Number of Pages:. '~ Signer(s) Other Than Named Above: ~ Capacity(les) Claimed by Signer Signer's Name: LlOlllk ~,, II1~ [] Individual ~orporate Officer -- Title(s): ~ [] artner--E] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer ls Representing: t~~ C~IF,~._~.L,~ h~-~ (~C~. Top of thumb here STATE OP Ca!ifernia COUNTY O~ m ..... On May 23, 200~ PERSONALLY APPEARED SS. ,beforeme, JTmninm Monroe: No,tory Pl~hli~ Vi~_tc~'im M C~mphol ] personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(les), and that by his/her/ their signature(s) on the instrument the person(s), or th~ entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. This area for Official Notarial Seal OPTIONAL, Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) [] LIMITED [] GENERAL [] PARTNER(S) [] ATtORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENq~TY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-g81 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT NATIONAL*SURETY CORPORATION TItI~ AMERICAN INSURANCE COMPANY FIREMAN'S FUND INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION .~,MERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE 'COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively cailed "the Companies") does each hereby appoint ,Jan ina Monre e, Victoria M. Campbell or Thomas G. Mc Call of Irvine, CA their mae and lawful Attorney(s)-in-Fact, with full power of authority hereby confen'ed in their name, place and stead, to execute, seal, acknowledge and deliver any and ail bonds, undertakings, recognizances or other written obligations in the nature thereof ............ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attasted by the Companies' Secretary, hereby'ratifying and continuing ail that the said Attomey(s)-in-Fact may do in the premises. 'This power of attorney is granted under and by.the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repeaied: "RESOLVED, that the signature of any Vice-Presideot, Assistant Secretary, and Resident Assistant Secretary of the Compmies, and the seal of the Companies may bo affixed or printed un any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate beating such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate seals to be hereunto affixed this 1 1 day of S~pt~=mh~r , __2D_D.D.__ · F2.EMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION TIlE AMERICAN INSURANCE COMPANY ASSOCIATED INDEM~TY CORPORATION AM~RICfi+N AUTOMOBILE INSURANCE COMPANY Vice-Pr~idem On this 1 1 day of Sept ember , 2 0 0 0, before me personally came Don~ R, Kotbeck to me known, who, being by me duly sworn, did depose and say: that he is a Vice-President of each company, described in and which executed the above insmament; that he knows the seals of the said Compan!es; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto b)' like order. IN wiriNESS %WrIER.EOF, t have hereunto set my hand and affixed my official seal, the day and year herein first above written. STATE OF CALIFORNIA / SS. COUN O: j Comml~ion # 1163726 Notary Public - ColTfomla Madn County I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CEKi'ii~Y that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By-!aws of each company, and the Resolution of the Board of Directors; set forth iu the Power of Attorney; are now in force. Signed and sealed at the County of Matin. Dated the 23rd day of (. 't .-, :-- - -- d ye... May Resident Assislant Secretal~/ t Bond #111 2748 2500-M Premium included in Perf bond CITY OF TI~MECULA PARKL~SCAPE WARRANTY BOND WHERNAS, tim City ofT~mecul~ Sta~ of California (h~iam%cr designa~[ ~d NEWLANI) C01.1MUNITIES, LLC _(l~reinld~cI~si~at~d as "Prinoipal") an Asr~m~mt wlmr~by Principal aires to iasmll and comple~ c~ai~ c~ii~a~d Parkland Improv:man~ wh/ch sa/d Aj~q~% dared July 14, 1998 ~0// and Tract z~43! Campanula ~l~ified ~s Proj~-:~ m DePortola Hedian$ , WHEREAS, Principal is required to wan'~y thc work done under die ',crms of tho Allrecmellt for a period of one (1) year followin~ aoccptance thereof by City al~ainst any clcfc~ve work or labor &mc or defective mater/als fllrnishcd, in thc amoun~ of~n percellt (10%) ofth~ .es~aizd co.~ ofth~ improvemmns; The A~ric~n NOW, ~OP.E, we tSe Principal and Z,,.urauae C~rpau~ as sur~, ar~ held an~ fumly bmmd unto the Cit~ of T~mcula, C~fomia, i~ th~ p~md sum of $.,, 9,5~?,90 , lawful mon~ of the U*~'d l~ues, for rtm payment of s~h sum w~ll and Italy to be n~tg. w: bind ourselves, our heirs, mae~ssors, ax~cu~r~ a~d adminislralors, 3oilily and sov~dly. Th~ condition o£llis oblil~alioa is such [ba~ the oblil~ion shall become null a~d void if the abov~-botmdmi Principal. bis or i~s lmirs, ~xec~tors, agmini~u~,tors, successors, or assi~s shall in all g~ngs smmi to, abid~ by, well ami truly k~p, and perform the cove~ms, condiiious, and p~visions ia tim ADz~mm~ s_.~ any alteralion thereof made as ~hem. in provid~I. on his or thor pan, m b~ lo:pt an4 pmiam~d at ~ ,i.,,~ and in the mava:r th:rein sp~:ifl~l, a~d [u all mspec~s a~cordin~ ~,. his or ~ hue inmm and m~aniag, aad shall iud~mg~y ami save han~ess ~e City of Tm~emlla, ils officers, a~m~, and ~nploy~s, as flmr~in stipulated; oth~rwis., ,~,i~ oblig~i,m r,I~ll b~ --,~ romaia ia full for~e and As a part of the obligation secured hereby and ia addilion to the fa~e amoun~ spoci/i,~i th~cfor, there shall be included costs and reasonable expenses and fe~, Jnolud/n~ roasmlablc ai~omey's fees, i~curred by City in ~uccessfully ~fc~iu$ such obligation, all to be taxed a~ costs aad included in any judgement readercd. The surety hereby stipulates and agrees ~ no change, extension of time, alteration or add/ti~ m th~ mr~ of ~he Agrcen~.n~ or m ~h~ work ~o be performed thereunder or thc spec/~calions acc~panyin~ the same shall in anyway affcc~ its obl/gations on this bm~d, ~d it docs hereby waive noticc of any such c~,,,~e, ~ of time, alteration or addition m the tams of the A/reemen~ or to fac work or ~o li~ specifications. ~N WITN]ZSS WZ-i]Z~OF, this hu'Ummmt has be~- duly oxeout~d by tho Pr~ipai and above named, on Ma~- 23 ,2001 SUI~TY (Name) I.~ONNA K. CHIEF FINANCIAL OFFIC[:R APPROV.~D AS TO FORM: l~e~or Thorson, Ci~ A~oracy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~ ~ ~ } ss. On~. o~/..~, ~:0 / before me, _ Name and T~le of Officer (e.g., "Jane Doe, Notary Public") personally appeared Name(s) of Signer(s) ~..~ersonally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ie/are subscribed to the within instrument and acknowledged to me that he/eke/they executed the same in hie/her/their authorized capacity(les), and that by h'isW'~m'/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notacy Public OPTIONAL Though the information below is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and rea~tachmenj of this form to another docurneot. ~ Description of ....... I. t I -~'Y-~ ~ - c~O0/3/X ~..~ i~-~ r').'l u J~ ~1 . ~acnea t~4;~cument / ~ ~.~ ..~ I ~ Title or Type of Document: VOI~ ~ OL~(~ /(.~,.~:~) {~ rC{,~t. ~ r~),I Document Date: '~ - / (~ '"-~ ~' Number of Pages: '"~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual orporate Officer -- Title(s): artner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Represent,ng: ~~ (~'(~ ~..~.~('~, h '~ _..~ STATE OF California COUNTY OF Orange On May 23, 2001 PERSONALLY APPEARED SS. , before me, 3~nin~ Monrne: No~-ary Public personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Sign~ :. This area for Official Notarial Seal "" OPTIONAL ,,, Though the data below is not required by ;aw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED 8Y SIGNER [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF A']TACHED DOCUMENT rifLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OFDOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTriT{IE$) SiGNER(S) OTHER THAN NAMED ABOVE ID4381 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT FIREMAN'S FUND INSUllANCE COMPANY NATIONAL SUEETY CORPOEATION ASSOCIATED INDEMNITY CORPORATION THE AMEEICAN INSURANCE COM'PANY A3~ERICAN AUTOMOBILE INSUEANCE C0~iPANY GENERAL POW~R OF A~OENEY KNOW ALL MEN BY TH~SE PRESENTS: That FIREMAN'S FUND INSURANCE 'COMPANY, a California co~poration, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN IiNSURANCE COMPANY, a New Jersey corporation redomesficated in Nebraska, ASSOCL~I~iD INDEIviNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE EqSURANCE COMPANY, a Missouri c0q~oration, (herein collectively called "the Companies") does each hereby appoint Janina Monro e, Victoria M. Campbell or Thomas G. Mc Call of Irvine, CA their m~e and lawful Attorney(s)-in-Fact, with full power of authority hereby confe~ed in their name, place and stead, to execute, seal, acknowledge and dehver any and all bonds, undertakings, recognizances or other written obligafious in the nature thereof ............ and te bind the Companies thereby as fully and to the same ext~nt as if such bouds were signed by the President, ~aled with the corporate seals of the Companies and duly atIested by the Companies' Secreta.~, hereby'ratifying and confirming all thai the said At~mey(s)-in-Fact may do in the la-emi.sem. 'This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the' Complies at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any 'vke-President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocatiou of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IiW WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate seals to be hereunto afSxed L~s 11 day of .qapt ~mh~r , ~ O ~ a · FIREMAN'S FLTND ~SURANCE COMPANY NA/~ONAL SUPdSTY CORPOP~TION TH~ AN~RICAN ~SURANCE COMPANY ASSOCIATED INDFJ~NITY CORPORATION AN~RIC~N AUTOMOB~E ~SURANCE COMPkNY 'Vice-Preildent On this 11 day of September , 2 0 0 0, before me personally came Don~t R. Kolbeck to me known-~ho, being by me duly sworn, did depose and say: that he is a Vice-President of each company, described in and which executed the above instrument; that he knows the seals of the said Compan!es; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he sig~ed his name thereto b.y like order. IN WITNESS ~OF, I have hereunto set my hand and affixed my official seal, the day and year herein f~rst above written. STATE OF CAL~ORNIA 1 SS. COUNTY OF a J Signed and sealed at the County of Maria. Dated t~ 23rc] day of ~:~.. ,,,~.~, ~ ~.., , ............ ' "'" ,', May Resident As$ismmt Secre~ry/ I, the undersigned, Resideut Assistant Secretary of.,.e~ch company,'D~H~.REBY CEP;I'II~Y that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been re{'bked; and furthermore that Article VII of the By-!aws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. ITEM 20 APPROVAL CITY ATTORNEY DIRECTOR OF FINA.NCE CITY MANAGER/~f~) TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council James B. O'Grady, Assistant City Manager July 10, 2001 Legislation 2001 PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council give staff approval to prepare various positions of support with the Mayor's signature for current legislation as listed below. BACKGROUND: In an effort to provide support/opposition on legislative issues that potentially affect the City of Temecula, staff has prepared a list of both Federal and State bills that could adversely affect or enhance our community. HR 1985 (Calvert)-Califomia Water Security and Bay Delta Improvement Act. The Sacramento River/San Joaquin Bay-Delta is the heart and lungs of California's water supply. Besides providing the drinking water for two-thirds of the state, the Bay Delta irrigates a substantial portion of California's farms, is California's most important fishery habitat, and home to moro than 10,000 species of migratory fowl. HR 1985 authori~gs federal funding for the CALFED Bay Delta program, which balances the need for reliable, quality water with environmental restoration of the Bay-Delta. Recommendation: Support. ACR No. 81 (Hollingsworth). Regional Transportation Corridor. Riverside County and Orange County. Over the past decade, Riverside County has been the fastest growing county in the state and its population is expected to double to 3 million citizens in the next 15 years. With only one freeway currently linking Riverside County with Orange County, the need to explore other options is of utmost importance. This measure would urge the Department of Transportation and the regional transportation planning agencies for Riverside County and Orange County to facilitate the establishment of an alternative transportation corridor between those counties by reviewing possible routes and undertaking, as appropriate, the necessary planning and construction of the route selected. Recommendation: Support. ACA 10 (Cogdill). Local government finance: propertytax revenue allocation: local agency relief. If passed, this proposal would return all of the property tax shifted in the early 1990's (commonly referrod to as the "base amount of property tax") over a period of 10 years (20% in the first year and then 10% a year thereafter) until all the ERAF property tax is transferred back to local governments. This piece of legislation is unique in the fact it will bypass the Governor's office, as it is a proposed constitutional amendment yet will require a 2/3 vote in the legislature. Recommendation: Support. ABX 129 (Hollingsworth). An act to add Section 625.5 to the Public Utilities Code, relating to eminent domain. ABX 129, notwithstanding any other provision of law, requires a state or ~ocal entity or public utility company to utilize available public lands before acquiring private property for the construction of public utility infrastructure. Recommendation: Support. HR 2101 (Calvert). Use of eminent domain byPublic Utilities. Congressman Calvert introduced the following bill; which was referred to the Committee on Resources, and to the Committee on Energy and Commerce. HR 2101 is designed to establish a policy of the United States that public lands be used for public utility infrastructure before private lands are condemned for such purpose, and for other purposes. Recommendation: Support. With the approval of the City Council, staff will prepare appropriate letters of support as these bills continue to progress through the legislative process. As new legislation arises that could potentially adversely affect or enhance our community, staff will again introduce these bills and request approval. FISCAL IMPACT: None at this time. ITEM 21 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Debbie Ubnoske, Director of Planning July 10, 2001 Roripaugh Specific Plan - Status Report APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER PREPARED BY: Saied Naaseh, Project Planner RECOMMENDATION: Receive and File DISCUSSION: Staff and the applicant continue to work on various documents such as the Specific Plan, the "A" map, the tentative tract map for the "panhandle", the Mitigation Monitoring Pregram, Statement of Overriding Considerations, and the Finding for the EIR in an attempt to schedule the project for the August 1,2001 Planning Commission hearing and the August 15, 2001 City Council hearing. Prior to these hearings, staff will schedule a Joint Planning Commission and City Council Workshop for July 17th. Staff intends to present as complete ora package as possible for this Workshop. The review period for the EIR has been extended to July 26th to comply with the City Council direction. The LAFCO application for annexation was filed on June 28th. Staffhas received a letter from the Temecula Valley Citizens for responsible Government on July 2"~. In this letter, the author, David Robinson, has requested an additional 45 days from the date his letter is received to review the EIR and the Specific Plan. His concerns include inadequate buffering, City's "fast track" of a large-scale project, lack of a mandatory solar heating requirement to address the "Energy Crisis", LOS D issues and traffic gridlock, and Air Quality impacts of the project. The Subcommittee and staff will be meeting with a group of concerned residents around the project site regarding the project on July 5th. Staff will provide an oral report on the issues raised by the members of the community. The Specific Plan schedule is now over 11 days behind which causes great concern for keeping the project schedule for the targeted public hearings and stalFs ability to adequately review it. Staff provided comments on the 1st screen check of the Specific Plan on June 26th. The applicant was scheduled to resubmit the 2"d screen check Specific Plan by July 2"~. However, the applicant then indicated that the Specific Plan would not be resubmitted until July 5th. It should be noted that staff would be reviewing some portions of the Specific Plan, such as the Design Guidelines, for the first time when the 2"d screen check is submitted. R:\S P\Roripough P~nch SP\new\CC status Report July lO.doc 1 FISCAL IMPACT: N/A ATTACHMENTS: '1. Letter from Temecula Valley Citizens for Responsible Government- Page 3 R:\S P\Roripaugh Ranch SP\new\CC status Report July 10.doc 2 ATTACHMENT NO. I LETTER FROM TEMECULA VALLEY CITIZENS FOR RESPONSIBLE GOVERNMENT R:\S P\Roripaugh Ranch SP\new\CC status Report July 10.doc 3 JUL-E-E001 01:16P FROM:DR ROBINSON,D.O., UR 9092969474 T0:6946477 Te~~~ ~alley Citrons For Responsible Government cit~ Plaimili 42~00~1 · Temc~ .',4 AR~t! for1 aad:, t~rae II Coilteato P:I/E JUL-2-2001 OI:iGP FROM:OR ROBINSON~D.O.~ UR gOg29Gg4T4 TO:69464?T P:2x2 Temecula Valley Citizens For Responsible Government 'r,, ,,otc I have bccn inundated with telcohonc calls from Mr. K~n Norton. of the Kcith. ~,,~,,~,~ '2,~114 hn~ hcen cx~laineA to him ~at I have not rea~ a satis~ac~ ap~msa~ ~mmi~lofi, the c~ty pl~s ~d city ~uncil. ~. No,on has c~led ~y o~ in exaesa of 17 tim~ ~it~ing ~ I ~ ~p~ng his t~l~hone c~l ~d ur~ng my' employ~ to get 9ut of~ ~w!~ a patient. atopp~ by ~y o~ num~us t~es mte~pttng m~ ~ont otx~ ~mess, m~ptmg patxent flo~ and h~ even att~mp~d to schedule appomtmen~ m gms~ of a patient. I would ~1~ upon ~o city ~cil ~d ~ pl~ning dep~t ~t ~y in~uence over nu~h aa~c~aivc d~clo~rs to have ~. No~n c~rcisc paacn~ w~lc ~s ovcrduc ~ie~hat Ms comply, or at l~t what Mr, Ashby h~ ~M ~euone, h~ ~rcMy mk~n pla~. If any ~gr asais~cc to ~e pl~ing dep~c~t, city ~cil or piing ~ssion is neede~ I~would ~ more thru happy to spe~ wl~ you. t nav~ ~uy extensive p~s by ciU ~uncil mc~b~Mr. Rea Ro~ ~d ~11 n~ ~e ~vc mentioned 45 ~ys ~ do a ~orou~ r~tcw. Sincerely, De~id C. Kobin~on, ~ DCPJIh All Cit~Council Membcrs TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JUNE 12, 200t A regular meeting of the City of Temecula Community Services District was called to order at 8:17 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Stone presiding. ROLL CALL PRESENT: 4 DIRECTORS: Comerchero, Naggar, Roberts, Stone ABSENT: I DIRECTORS: Pratt Aisc present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes. RECOMMENDATION: 1.1 Approve the minutes of March 27, 2001; 1.2 Approve the minutes of April 10, 2001; Inclusion of Tracts into Service Level B and Acceptance of Slope Easement Areas into Service Level C for Fiscal Year 2001-2002 RECOMMENDATION: 2.1 Adopt a resolution entitled: 2 RESOLUTION NO. CSD 01-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN TRACTS INCLUDING VAIL RANCH INTO TCSD SERVICE LEVEL B FOR PURPOSES OF ENERGIZING RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR 2001-2002 Minutes.csd\061201 I 2.2 Adopt a resolution entitled: RESOLUTION NO. CSD 0t-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN SLOPE AND LANDSCAPE AREAS WITHIN VARIOUS TRACTS INCLUDING VAIL RANCH INTO SERVICE LEVEL C FOR MAINTENANCE PURPOSES BEGINNING FISCAL YEAR 200'1-2002 2.3 Authorize the City Clerk/District Secretary to record the slope easement Documents. 3 Amendment to the Landscape Maintenance Contract with Excel Landscape, Inc. For FY2001-02 RECOMMENDATION: 3.1 Approve the Landscape Maintenance Services Contract Amendment with Excel Landscape, Inc. to extend the term of the Agreement to June 30, 2003 to allow for the addition of supplemental landscape maintenance areas and establish set prices for the addition of unforeseen areas; 3.2 Authorize the expenditure of funds in the amount of $1,106,100 for the base contract and an additional amount not to exceed $32,200 for the supplemental and new areas that may be brought on line during the term of the contract; 3.3 Approve a contingency of 10% in the amount of $114,000 for extra work items. MOTION: Director Comerchero moved to approve Consent Calendar Item Nos. 1-3. The motion was seconded by Director Roberts and voice vote reflected approval with the exception of Director Pratt who was absent. PUBLIC HEARING 4 TCSD Proposed Rates and Charqes for Fiscal Year 2001-2002 RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. CSD 01-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C - SLOPE MAINTENANCE, AND SERVICE LEVEL D - RECYCLING AND REFUSE COLLECTION SERVICES FOR FISCAL YEAR 200'1-2002 Min utes.csd\061201 2 4.2 Adopt a resolution entitled: RESOLUTION NO. CSD 01-11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL R - STREET AND ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 200'1-2002 Community Services Director Parker reviewed the staff report (of record), noting that the rate levels for the upcoming fiscal year have not changed and that no increase is being proposed. At this time, President Stone opened the public hearing. There being no public input, the public hearing was closed. Director Comerchero commended Community Services Director Parker and the Community Services Department on a job well done in professionally and effectively managing this District. MOTION: Director Naggar moved to approve the staff recommendation, including the adoption of Resolution Nos. CSD 01-10 and 01-11. The motion was seconded by Director Roberts and voice vote reflected approval with the exception of Director Pratt who was absent and President Stone who abstained with regard to 4.2. Director Roberts as well thanked CR&R (solid waste haulers) for not increasing its rates. DISTRICT BUSINESS At this time, the City Council convened in a joint meeting with the Community Services District. 5 Adoption of Annexation Agreements between the City of Temecula and the County of Riverside for Median Maintenance (Agreement No. 1), Tax Reimbursement (Agreement No. 2), and Sales Tax Revenue Sharing in association with the finalization of the Vail Ranch Annexation (PA00-0021) RECOMMENDATION: 5.1 That the Temecula Community Services District (TCSD) adopt a resolution entitled: RESOLUTION NO. CSD 0'1-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEIV1ECULA COMMUNITY SERVICES DISTRICT APPROVING THAT CERTAIN AGREEMENT ENTITLED VAIL RANCH ANNEXATION AGREEMENT NO. 1 (MEDIAN MAINTENANCE AGREEMENT) BETVVEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE COUNTY OF RIVERSIDE Minutes.csd\061201 3 5.2 That the City Council adopt a resolution entitled: RESOLUTION NO. 01-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED VAIL RANCH ANNEXATION AGREEMENT NO. 2 (TAX REIMBURSEMENT) BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE 5.3 That the City Council adopt a resolution entitled: RESOLUTION NO. 01-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED SALES TAX REVENUE SHARING AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA (FIRST DISTRICT) Deputy City Manager Thornhill reviewed the staff repod (as per agenda material); referenced the requested minor changes from the County; and thanked staff members as well as residents for their contribution to the success of this annexation. City Attorney Thorson reviewed the requested County changes, commenting on the reinsertion of Section 3 as well as the inclusion of a map reflecting the commercial properties, the historic properties, as well as the annexation area. Echoing Deputy City Manager Thornhill, Director Naggar commended staff and the community on their efforts associated with this annexation. MOTION: Director Naggar moved to approve the staff recommendation, including the adoption of Resolution No. CSD 01-12, Resolution No. 01-51, and Resolution No. 01-52. The motion was seconded by Director Comerchero and voice vote reflected approval with the exception of Director Pratt who was absent. Qn behalf of the District and the City Council, President Stone welcomed the Vail Ranch residents to the City of Temecula. At this time, the City Council meeting was recessed. 6 Review and Adoption of the FY 2001-2002 Annual Operating Budget RECOMMENDATION: 6.1 Adopt a resolution entitled: Minutes.csd\061201 4 RESOLUTION NO. CSD 0t-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 200t-02 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS By way of a PowerPoint presentation, General Manager Nelson presented an overview of the proposed Annual Operating Budget. Commending staff on this comprehensive budget, President Stone as well applauded staff on their efforts associated with the efficient and timely organization of the SMART Program. MOTION: Director Comerchero moved to approve the staff recommendation, including the adoption of Resolution No. CSD 01-13. The motion was seconded by Director Roberts and voice vote reflected approval with the exception of Director Pratt who was absent. DIRECTOR OF COMMUNITY SERVICES REPORT Community Services Director Parker thanked the Community Services Department staff for their efforts associated with the organization of the many upcoming summer activities. As well applauded staff on their efforts associated with the SMART Program and invited the community to the upcoming Fourth of July activities. GENERAL MANAGER'S REPORT Echoing Community Services Director Parker, General Manager Nelson commended staff on a job well done as it relates to the organization of the SMART Program. BOARD OF DIRECTORS' REPORTS No comments. Minutes.csd\061201 5 ADJOURNMENT At 8:38 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, June 26, 2001, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\061201 6 ITEM 2 TO: FROM: DATE: SUBJECT: APPROVAL (,(,(,(,(,(,(,(,(,(~ ~...~ CITY ATTORNEY ~ II DIRECTOR OF FINANCE~Z-II CitY MANAGER ~ II TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT General ManagedBoard of Directors Herman Parker, Director of Community Services July 10, 2001 Professional Services Agreement Geotechnical and Materials Testing Chaparral High School Swimming Pool Project No. PW00-08CSD PREPARED BY: ~ Brian Guillot, Assistant Engineer- Capital Projects RECOMMENDATION: That the City Council: Approve the agreement with Ninyo and Moore to provide professional geotechnical and materials testing services for the Chaparral High School Swimming Pool, Project No. PW00- 08CSD, for the not to exceed amount of $48,927.00 and authorize the President to execute the agreement. Authorize the General Manager to approve amendments not to exceed the contingency amount of 10% of the contract or $4,892.70. BACKGROUND: The project consists of the construction of a 25 meter swimming pool, equal depth competitive pool; a separate three lane pool with shallow end for lessons and a deep end with diving board; a water spray play area; spectator seating, shower and locker room accommodations; a pump room; and, staff offices. The City and the Temecula Valley Unified School District (TVUSD) have previously entered into a joint use agreement for the proposed pool facility. The agreement requires the City to pay the costs of construction, which includes geotechnical and materials testing. In Ju. ne 2001 City staff evaluated three proposals received for providing professional geotechnical services as outlined in Request for Proposal dated May 31, 2001. The firms were ranked, and negotiations for the contract commenced with the number one ranked firm Ninyo and Moore of San Diego, California. FISCAL IMPACT: The Chaparral High School Swimming Pool is funded through Capital Project Reserves, Quimby Fees, and reimbursement from TVUSD. Adequate funds are available for this project in Account No. 210-190-170-5804 for the subject professional services agreement in the amount of $48,927.00, including the 10 % contingency amount of $4,892.70 for a total amount of $53,819.70. ATTACHMENTS: 1. Agreement with Ninyo and Moore I R:~AGDRP'r~.001 \0710\PW00-08 GEOTECH.DOC CITY OF TEMECULA AGREEMENT FOR PROFESSIONAL MATERIALS TESTING CHAPARRAL HIGH SCHOOL SWIMMING POOL PROJECT NO. PW00-08CSD THIS AGREEMENT, is made and effective as of July 10, 2001, between the City of Temecula, a municipal corporation ("City") and Ninyo & Moore, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 10, 2001, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 10, 2002, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Forty Eight Thousand Nine Hundred Twenty Seven Dollars and No Cents ($48,927.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. I r:\cip'tprojects'tow00-o8'~matedals'~linyo & Moore aqreement c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set fodh on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the dght, 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. 2 r;,\cip\projects~owOO-oS~matedals\Niny~ & Moore agreement 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 wdtten request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, 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 adsing out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as bread as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 4 r:\cip',,oroiects~w00-oS~naterials\Nin~o & Moore agreement f. Verification of Coveraqe. Consultant shall furnish the City with odginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten 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, headng 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 dght to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Ninyo & Moore 5710 Ruffin Road San Diego, California 92123 Attention: Mark Cuthbert, P.E. 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior wdtten 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 fome 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 enfome its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the Citythat no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 6 r:\cip~Proiects'towO0-oS\matedats\Ninvo & Moore aoreement '19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All pdor or contemporaneous agreements, understandings, representations and statements, oral or wdtten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 r:\cip~projects~pwOO-oS~materials',Ninyo &Mcore agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeffrey E. Stone, President Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Ninyo & Moore 5710 Ruffin Rd. San Diego, CA 92123 (858) 576-1000 ^vram Ninyo, Owner By:. Mark Cuthbert, P.E., Project Manager (Signatures of two corporate officers required for Corporations) 8 r:~cip~rojects~pwO0-o8~matedats\Ninyo & Moore agreement EXHIBIT A SERVICES AND FEES 9 r:~cip~projects~owOO-o8~materials~lin¥o & Moore aareement Proposal No. P-5157 City of Temecula Chapamal High School Swimming Pool SECTION I TRANSMITrAL LETTER June 12, 2001 Proposal No. P-5157 Mr. Brian Guillot, Capital Projects Division City of Temecula 43200 Business Park Drive Temecula, California 92589-9033 In response to your request, Ninyo & Moore is pleased to submit this proposal to provide professional construction materials testing services to the City of Temecula and Temecula Valley Unified School District for the Chaparral High School Swimming Pool project (PW00-08CSD). Our submittal includes information regarding Ninyo & Moore's qualifications, proposed scope and costs, relevant project experience, proposed project pemonnel, laboratory capa- bilities, client references, and additional pertinent information. Ninyo & Moore has provided services, identical to those you have requested, on numerous projects for a wide vari- ety of agencies and school districts, including Temecula Valley Unified School District, City of San Diego, City of Moreno Valley, Riverside County Transportation Commission, City of Murrieta, Murfieta Valley Unified School Dis- t~ct, Jurupa Community Sen/ices Disthct, Elsinore Valley Municipal Water Disthct, City of Fontana, Chaffey Joint Union High School District, Chula Vista Elementary School Dist]'ict, San Diego City Schools, Val Verde Unified School Disthct, Santa Ana Unified School Dist~ct, San Ysidro School Disb'ict, Borrego Springs Unified School Dis- b'ict, Fullerton School Dist~ct, La Canada School Dis~ct, and Pomona Unified School Dis~ct. Ninyo & Moore has recent experience providing services at Chaparral High School for the Temecula Valley Unified School Dis- trict. In addition, we were recently selected by Ternecula Valley Unified School District to serve as their Geotechnical, Environmental and Materials Testing and Inspection Consultant for the second year in a row. We encourage you to call Dave Gallaher regarding the sen/ices we have provided to Temecula Valley USD for this and other projects. To furl~er provide our clients with the most efficient and timely field services and to keep projects on schedule, Ninyo & Moore has a dispatcher who is 100 percent dedicated to coordinating and maintaining field schedules. Ms. Sue Reyes provides the following important functions and tasks for Ninyo & Moore's Materials Testing and Inspec- tion Division: Maintains constant communication ~ our technician and inspection staff through Nextel digital phones~wo- way radios, voice mail, and pagers to provide an immediate response to our client's needs; Prepares and maintains field files for technicians/inspectors for site use; Provides an immediate response to requests for test material results; Maintains Inspection and Daily Reports, appropriate project forms, etc.; and Coordinates with project managers, technicians/inspectors, and clients regarding the status of work in progress. Ninyo & Moore is committed to the highest quality service from our professional staff and fully accredited laboratory facilities. We pride ourselves on our technical ex,pease and repeat business as a result of our quality and service. We encourage you to contact any of the references listed regarding the reliability of Ninyo & Moore. Finally, we look forward to presenting our e~perience and qualifications to the Ci~ of Temecula in person. If you have any questions regarding this submittal, please contact the undersigned at (858) 576-1000. Sincerely, NINYO & MOORE Mark Cuthbel~,'P~.E. Principal Engineer MC/ebm Proposal No. P-5157 City of Temecula Chaparral High School Swimming Pool Chaparral High School Swimming Pool Fee Estimate (Prevailing Wage) Geotechnical Sitework Subgrade Testing Trench Backfill Compaction Testing Maximum Density and Optimum Moisture Quantity Unit Cost/Unit Total 24 Hour $ 61.00 $ 1,464.00 40 Hour $ 61.00 $ 2,440.00 3 Test $145.00 $ 435.00 Structural Concrete Foundation Excavation Inspection Mix Design Review and Approval Concrete Sampling Batch Plant Inspection Wedge and Epoxy Bolt Pull Testing Concrete Compressive Strength Tests Steel Reinforcement Testing (Tensile and Bend) 8 Hour $ 85.00 $ 680.00 8 Hour $ 85.00 $ 680.00 40 Hour $ 61.00 $ 2,440.00 40 Hour $ 61.00 $ 2,440.00 16 Test $ 68.00 $ 1,088.00 24 Test $ 17.00 $ 408.00 4 Test $ 84.00 $ 336.00 Masonry Construction Masonry Construction Inspection Grout Compressive Strength Tests Mortar Compressive Strength Tests Masonry Prism Compressive Strength Tests Metals Shop Welding Inspection Field Welding and High Strength Bolting Inspection High Strength Bolt Comformance Testing Pool Deck Concrete Concrete Sampling Concrete Compressive Strength Tests Pool Shotcrete Sample Coring Compressive Tests of Cores Miscellaneous: Project Management Report Preparation by a Staff Engineer Data Processing and Report Distribution Vehicle Charge 336 Hour $ 55.00 $ 18,480.00 28 Test $ 17.00 $ 476.00 28 Test $ 17.00 $ 476.00 9 Test $ 90.00 $ 810.00 20 Hour $ 55.00 $ 1,100.00 20 Hour $ 55.00 $ 1,100.00 3 Test $100.00 $ 300.00 24 Hour $ 61.00 $ 1,464.00 40 Test $ 17.00 $ 680.00 40 Hour $ 95.00 $ 3,800.00 30 Test $ 17.00 $ 510.00 20 Hour $ 95.00 $ 1,900.00 8 Hour $ 85.00 $ 680.00 20 Hour $ 45.00 $ 900.00 640 Hour $ 6.00 $ 3,840.00 Total Estimated Fee $ 48,927.00 Proposal No. P-5157 City of Temecula Chaparral High School Swimming Pool SCHEDULE OF FEES 2001 PREVAILING WAGES GEOTECHNICAL, MATERIALS TESTING, AND ENVIRONMENTAL SERVICES HOURLY CHARGES FOR PERSONNEL Principal EngineerlGeologistJEnvironmental Scientist ................................................................................... $ 110 Senior Engineer/Geologist/Environmental Scientist ...................................................................................... $ 106 Senior Project Engineer/Geologist/Environmental Scientist ........................................................................... $ 100 Project Engineer/Geologist/Environmental Scientist ...................................................................................... $ 95 Senior Staff Engineer/Geologist/Environmental Scientist .............................................................................. $ 85 Staff Engineer/Geologist/Environmental Scientist ......................................................................................... $ 75 Field Operations Manager ............................................................................................................................ $ 61 Supervisory Technician ................................................................................................................................ $ 61 Senior Field/Laboratory Technician .............................................................................................................. $ 61 Field/Laboratory Technician ......................................................................................................................... $ 61 ACl Concrete Technician .............................................................................................................................. $ 61 Concrete/Asphalt Batch Plant Inspector (technician) ..................................................................................... $ 61 Inspector of Record - Class 1 ...................................................................................................................... $ 68 Inspector of Record - Class 2 ...................................................................................................................... $ 62 Inspector of Record - Class 3, 4 & Assistant ................................................................................................ $ 58 Special Inspector, Reinfomed Concrete ........................................................................................................ $ 55 Special Inspector, Pre-stressed Concrete ..................................................................................................... $ 55 Special Inspector, Reinforced Masonry ......................................................................................................... $ 55 Special Inspector, Structural Steel ................................................................................................................ $ 55 Special Inspector, Welding, AWS ................................................................................................................. $ 55 Special inspector, Fireproofing ..................................................................................................................... $ 55 Nondestructive Examination Technician, UT, MT, LP .................................................................................... $ 68 Concrete Coring Technician and Equipment ................................................................................................. $ 95 Pulp Test Technician and Equipment ............................................................................................................ $ 68 Technical Illustrator/CAD Operator ............................................................................................................... $ 76 Geotech nical/Environ mental/La boratory Assistant ........................................................................................ $ 62 information Specialist .................................................................................................................................. $ 45 Data Processing ........................................................................................................................................... $ 45 OTHER CHARGES Direct project expenses ....................................................................................................................................... Cost plus 15 % Expert Witness testimony ........................................................................................................................ $ 250/hr Field vehicte usage ................................................................................................................................. $ 6/hr Inclinometer usage .................................................................................................................................. $ 32/hr Steel and concrete specimen pickup ......................... : .............................................................................. $ 60/trip Special preparation of standard test specimens ....................................................................................... $ 59/hr Rebar Iocator {Pachometer) .................................................................................................................... $ 10/hr Vapor transmission kits ........................................................................................................................... $ 30/kit Laboratory testing, geophysical equipment, and other special equipment ................................ Provided upon request NOTES For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours of 7:00 a.m. to 3:30 p.m. Overtime rates _-'t. 1.5 t[mcc thc :c~'_'!__.r .-:t_.== ;;~.!! bc chcr?,_.c.'J_ fo; ':.'=~ o,.,t.c!de no..,'m..=l cc.-.=t~_'c*`!_-c= hC'--'.r= =='J-- =!! 'J-cy C.". S~'-';-.d-.c:,= ==-'- $'-'=d=:,'= will be charged in accordance with the provisions of the State Labor Code for work pedormed beyond 8 hours and on weekends. Dc'_'b!= *.!mc ..'~._'-= .-"*` .~:~_':c thc any requested service is 24 hours. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum site visit charge of 2 hours will apply only to work on site. Travel to distant locations that require an overnight stay will be charged et the regular rate during travel hours. Lodging, travel costs and ground transportation will be charged at actual cost, plus 15 percent. INVOICES Invoices will be submitted monthly, and are due upon receipt. A service charge of 1.0 percent per month will be charged on accounts not paid within 30 days. June 12, 2001 Proposal No. P-5157 City of Temecula Chaparral High School Swimming Pool SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test De~i Soils Atterberg Limits, D 4318, CT 204 ................................. California Bearing Ratio (CBR), D 1883 ........................ Chlodde and Sulfate Content, CT 417 & CT 422 ............ Consolidation, D 2435, CT 219 .................................... Consolidation - Time Rate, D 2435, CT 219 ................. Direct Shear - Undisturbed, D 3080, CT 222 ................. Direct Shear- Remolded, D 3080, CT222 ..: ................ Durability Index, CT 229 .............................................. Expansion Index, D 4829, UBC 18-2 ............................ Expansion Potential (Method A), D 4546 ....................... Expansive Pressure (Method C), D 4546 ...................... Geofabdc Tensile and Elongation Test, D 4632 .............. Hydraulic Conductivity, D 5084 .................................... Hydrometer Analysis, D 422, CT 203 ........................... Maximum Density, AASHTO T-180 .............................. Maximum Density A, B and C/D 1557, CT 216 .............. Moisture Only, D 2216 CT226 .................................... $ Moisture and Density, D 2937 ...................................... $ Permeability, CH, D 2434, CT 220 ................................ $ pH and Resistivity, CT 643 .......................................... $ R-value, D 2844, CT 301 ............................................. $ Sand Equivalent, D 2419, CT 217 ................................ $ Sieve Analysis, D 422, CT 202 ..................................... $ Sieve Analysis, 200 Wash, D 1140, CT 202 .................. $ Specific Gravity, D 854 ................................................ $ Tdaxial Shear, C.D., per point, CT 230 .......................... $ Tria,~31 Shear, C.U., per point, D 4767, CT 230 ............. $ Tria)dal Shear, U.U., per point, D 2850, CT 230 ............. $ Unconfined Compression, D 2166, CT 221 ................... $ Wax Density, D 1188 .................................................. 125 35O 100 2O0 25 190 250 140 140 130 130 150 25O 130 210 145 18 30 200 95 215 80 95 75 75 190 175 120 160 75 Roofinf:l Bultt-up Rcefing, cut-out samples, D 2829 ....................$ 150 Rcefing Materials Analysis, D 2829 .............................. $ 450 Roofing Tile Absorption, (set of 5), UBC 15-5 ................$ 150 Roofing Tile Strength Test, (set of 5), UBC 15-5 .............$ 150 ination, and Price Per Test Concrete Cement Analysis Chemical and Physical, C 109 .................. $ Quote Compression Tests, 6x12 Cylinder, C 39 ............................. $ 17 Concrete Mix Design Review, Job Spec ............................... $ 125 Concrete Mix Design, per Trial Batch, 6 cylinder, ACl ........... $ 650 Concrete Cores, Compression (excludes sampling), C 42.....$ 40 Drying shrinkage, C 157 .................................................... $ 190 Flexural Test, C 78 ............................................................ $ 40 Flexural Test, C 293 .......................................................... $ 45 Flexural Test, CT 523 ........................................................ $ 50 Gunite/Shotcrete, Panels, 3 corns per panel and test, ACI $ 190 Jobsite Testing Laboratory ................................................. Quote Lightweight Concrete Fill, Compression, C 495 .................... $ 30 Petrographic Analysis, C 856 ............................................. $ 1,000 Splitting Tensile Strength, C 496 ......................................... $ 65 Reinforcinf:l and Structural Steel Fireproofing Density Test, UBC 7-6 ..................................... $ 50 Hardness Test, Rockwell, each piece, A-370 ........................$ 15 High Strength Bolt, Nut & Washer Conformance, set, A-32 ...$ 1 O0 Mechanically Spliced Reinfoming Tensile Test, ACI .............. $ 80 Pre-Stress Strand (7 wire), A 416 ....................................... $ 125 Chemical Analysis, A-36, A-615 ......................................... $ 100 Reinfoming Tension or Bend up to No. 11, A 615 & A 705 .....$ 42 Structural Steal Tensile Test: Up to 200,000 lbs (machining extra), A 370 ................................................................. $ 52 Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ....... $ 46 Asphalt Concrete Asphalt Mix Design, Caltrans ............................................. $ Quote Asphatt Mix Design Review, Job Spec ................................. $ 135 Extraction, % Asphalt, including Gradation, C 2172, T 310.._$ 190 Film Stripping, CT 302 ....................................................... $ 80 Hvesm stability and Unit Weight, CT 366 ............................ $ 140 Marshall Stability, Flow and Unit Weight, T-245 ...................$ 150 Maximum Theoretical Unit Weight, C 2041 .......................... $ 80 Swell, CT 305 ................................................................... $ 80 Unit Weight sample or oore, D 2726, CT 308 ....................... $ 75 June 12, 2001 Proposal No. P-5157 City of Temecula Chaparral High School Swimming Pool 3 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Te~t Desi Meaonr~/ Brick Absorption, 24-hour submersion, C 67 ................. $ 35 Bdck Absorption, 5-hour boiling, C 67 .......................... $ 48 Bdck Absorption, 7-day, C 67 ...................................... $ 53 Bdck Compression Test, C 67 ...................................... $ 34 Bdck Efflorescence, C 67 ............................................ $ 34 Bdck Modulus of Rupture, C 67 ................................... $ 34 Brick Moisture as received, C 67 .................................. $ 28 Brick Saturation Coefficient, C 67 ................................. $ 44 Concrete Block Compression Test, 8x8x16, C 140 ......... $ 39 Concrete Block Conformance Package, C 90 ................ $ 350 Concrete Block Linear Shrinkage, C 426 .......................$ 100 Concrete Block Unit Weight and Absorption, C 140 ....... $ 34 Cores, compression or shear bond, CA Code ................ $ 34 Masonry Grout, 3x3x6 pdsm compression, UBC 21-18 .. $ 15 Masonry In-Place Shear Test, UBC 21-6 ....................... $ 125 Masonry Mortar, 2x4 cyl compression, UBC 21-16 $ 15 Masonry Prism, half size, compression, UBC 21-17 ....... $ 90 ination, and Price Per Test AaQreaates Absorption, Coarse, C 127 ................................................. $ 25 Absorption, Fine, C 128 ..................................................... $ 25 Clay Lumps and Friable Particles, C 142 ............................. $ 95 Cleanness '~alue, CT 227 ................................................... $ 70 Crushed particles, CT 205 ................................................. $ 130 Durabflity, C43arse, CT 229 ................................................. $ 95 Durability, Fine, CT229 ..................................................... $ 70 Las Angeles Abrasion, C 131 or C 535 ................................ $ 165 Mortar making properties of fine aggregate, C 87 ................. $ 245 Organic Impurities, C 40 .................................................... $ 50 Potential Reactivity of Aggregate (Chemical Method), C289 ..$ 350 Sand Equivalent, CT 217 ................................................... $ 70 Sieve Anarysis, Coarse Aggregate, C 136 ...........................$ 70 Sieve Analysis, Fine Aggregate (including wash}, C 136 ....... $ 80 Sodium Sulfate Soundness (per size fraction), C 88 ............. $ 80 Specific Gravity, Coarse, C 127 ......................................... $ 50 Specific Gravity, Fine, C 128 ............................................. $ 65 Ninyo & Moore is also accredited to perform the AASHTO equivalent of many ASTM test procedures. Ju ne12,2001 I in a . lWuu e ITEM 3 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE/a~_-¢~ CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CiTY OF TEMECULA AGENDA REPORT General Manager/Board of Directors Herman Parker, Director of Community Services July 10, 2001 Professional Services Agreement Construction Management Chaparral High School Swimming Pool Project No. PW00-08CSD PREPARED BY: Brian Guillot, Assistant Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve the agreement with Don Sidell to provide Construction Management services for the Chaparral High School Swimming Pool, Project No. PW00-08, for the not to exceed amount of $46,600.00 and authorize the President to execute the agreement. Authorize the General Manager to approve amendments not to exceed the contingency amount of 10% of the contract or $4,660.00. BACKGROUND: The project consists of the construction of a 25 meter swimming pool, equal depth competitive pool; a separate three lane pool with shallow end for lessons and a deep end with diving board; a water spray play area; spectator seating, shower and locker room accommodations; a pump room; and, staff offices. The City and the Temecula Valley Unified School District (TVUSD) have previously entered into a joint use agreement for the proposed pool facility. The agreement requires the City to pay the costs of construction, which includes construction management services. Construction of swimming pools is a specialized field where technical expertise is required. Mr. Sidell has over 23 years of experience with the various aspects of swimming pool construction. His experience will be crucial in assisting project management staff in providing a high quality product upon completion of the project. Mr. Sidell has personally supervised the construction of thousands of swimming pools while employed by several differant pool contractors. Since 1996, Mr. Sidell has operated his own firm, consulting for clients on large pool and water feature projects. Most recently Mr. Sidell provided project management services for the construction of water features at the Star City Casino in Sydney, Australia. Because this project is taking place on school grounds the consultant will be required to pass a background check through the Department of Justice. FISCAL IMPACT: The Chaparral High School Swimming Pool is funded through Capital Project Reserves, Quimby Fees, and reimbursement from TVUSD. Adequate funds ara available for this project in Account No. 210-190-170-5804 for the subject professional services agreement in the amount of $46,600.00, including the 10 % contingency amount of $4,660.00 for a total amount of $51,260.00. ATTACHMENTS: 1. Agreement with Don Sidell 1 R:~AGDRP'i-~_001 \0710\PW00-08 SIDELLDOC CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES FOR CONSTRUCTION MANAGEMENT CHAPARRAL HIGH SCHOOL SWIMMING POOL PROJECT NO. PW00-08CSD THIS AGREEMENT, is made and effective as of July 10, 2001, between the City of Temecula, a municipal corporation ("City") and Don Sidell & Associates, ("Consultant"). In consideration of the mutual covenants and conditions set forth heroin, the parties agree as follows: 1. TERM. This Agreement shall commence on July 10, 2001, and shall remain and continue in effect until tasks described herein aro completed, but in no event later than July 10, 2002, unless sooner terminated pursuant to the provisions of this Agroement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached heroto and incorporated heroin as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competentlyand to the best of his or her ability, experience, and talent, perform all tasks described heroin. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are requirod of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVILING 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 Diroctor of the Department of Industrial relations. These rates ara on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing w.ag.e rates to any staff or sub-contractor hired, and shall pay the adopted provailing wage rates as a m~n~mum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for a.n.y work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agroes 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 heroin by this roferonce 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 aro null and void. This amount shall not exceed forty six thousand six hundred and 00/100 Dollars ($46,600.00) for the total term of the Agreement unless additional payment is approved as provided in this Agroement. b. Consultant shall not be compensated for any services rondered in connection with its performance of this Agreement that ara in addition to those set forth herein, unless such additional services are authorized in advance and in writing bythe City Manager. Consultant shall 1 be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement as authorized by City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any podion 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 Ag reement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to complywith the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine 2 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 flies containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions adsing out of or in any way related to the performance or non-performance of this Agreement, excepting only liability adsing out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 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. Ifthe 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. 3 b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commemial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectJlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and properly damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: one million ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City and the Temecula Unified School District, its officers, officials, employees and volunteers are to be covered as insureds as respects: liabilityarising out of activities performed byoron behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other previsions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4 R:tClP~PRO J ECTS'~AJ0~00~)8'~CM¥S~ d ell AGREE.doc (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VlI, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the City with odginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at ail times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. CALIFORNIA DEPARTMENT OF JUSTICE CRIMINAL RECORDS CHECK. Consultant acknowledges that Education Code section 45125.1 applies to contracts for the provision of janitorial, administrative, landscaping, transportation and food-related services, and any similar services. Section 45125.1 requires that employees of entities providing such services to school districts must be fingerprinted by the California Department of Justice for a criminal records check. The consultant is required to fulfill this requirement at its expense. Neither Consultant nor employee of Consultant may be permitted to come in contact with pupils until the records check is completed. Neither Consultant nor employee with a record of conviction for a serious or violent felony may be assigned to perform services that will place him or her in contact with pupils without the pdor, wdtten approval of the district. This agreement does not grant such approval. 5 Further, the Consultant certifies that no employee who has a record of conviction for a serious or violent felony will be assigned to perform services under this contract that will permit or require him or her to come in close contact with pupils unless the school district first receives notice from the Consultant and the school district grants written permission under defined conditions. 14. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten 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 fullywith City and to provide Citywith the opportunityto 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. 15. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Don Sidell & Associates 12435 Ruette Alliante San Diego, CA 92130 Attn: Don Sidell, Principal 16. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 6 17. LICENSES. At all times dudng the term of this Agreement, Consultant shall have in full rome and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. 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 flied 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. 19. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All pdor 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 entedng 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. 21. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 R:\ClFAPRO J ECTS'tP~0~00-08\CM~Sid ell AGREE.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA: Jeffrey E. Stone, President Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT: Don Sidell & Associates 12435 Ruette Alliante San Diego, CA 92130 (858) 755-0563 Don Sidell, Owner 8 EXHIBIT A SCOPE OF WORK AND FEE SCHEDULE 9 From: D~ 5idell 058-755-0563 To: ~an Guil~ Date:Ot28/~01 Time: 9:48:12 ~ Pa~e 2ot¢ Don Sidell & Associates 12435 Ruette Alliante ,, San Diego, California 92130 8§8-755-0§63 Voice · 561.594-0494 Fax ~ E-mail PROPOSAL FOR DELIVERY OF PROJECT MANAGEMENT SERVICES Don $idell & Associates (I~A), at the requmt of the City of Temecula (CITY), submits this Proporal for the delivery of Pmjoct Managcmonl/Inspe~oa sc~vicc~ for the following project: Project No. PW00-0gCSD CHAPARRAL HIGH SCHOOL SWIMMING POOL COMPLEX City of Temccula Temecula Community Services District I)~oatlma~ of Public Works DSA bases this Propmal on Plans, Specifications md Conwact Documents bat dat~l April 2001. NOW THEREFORE, DSA propose the following:. I. SCOPE OF PROPOSED SERVICI~ 1. Coordinate and chair all sit~ mcctlnss with contractors and CITY mlnes~ntatiws accmdin8 to schcdulc cstablished jointly by DSA and. City. 2. Coordinato all site work and inspections with appmfniatc utility companies and inspection ontiti~ desigmtcd for the Projoct 3. Manage the submittal proems and maintain a submittal log and sample store. Transmit submiaals to the CITY, the architect and others desisnated by the CITY Project Manager. 4. Maintain an on-sito presence during each phase of comtruction. 5. Emure thc contractor is in possession of all p~rmits r~quired prior to uad~aking mqaigd work. 6. Answer contractor's questions rcsardin8 community issues, desisn isauca and review/monitor contractor's prosr~ss and ~:h~lulc. 7. Provide construction ~'view and inspection to ernu~c that the contracton are in full complianco with comm~ction documents and gena-ai construction standards, 8. Coordinate ~ting as required in thc Plans and Spccifieations with contractor and CITY. II. Ill. 1. 9. ~ daily inspccfio~ reports and progress photos with weekly summao] ~. Submit to the CITY on a wmkly basia. 10. Conduct final job walk O) and prepare "punch l 1. Recommend for final acceptance of Project. 12. Perform administrative dutics as dctormincd by CITY such as; a. Schcdulc of Valuesvm~'~catiofl. b. Change Order r~view and ap~-oval. c. Payment requ~t approvals. d. R~ntio~ r¢cluction ovaluat~on. R~w of t~ical and opo'ations manuals. 13. Pc~J'orm all othm' work r~lat~l to ~ Project as di~c*~od by CITY Project Mamse~. SPECIFIC EXCLUSIONS DSA, specifically excluding tho fo]lowing from this Propoeal: 1. In'igatio~ and Landacap~ s~vic~s. No warfarin, wh~th~ exp~ss or implkxi shall inuro to CITY for scrvic~ p~fom~l by DSA. FEE $CItEDULE. Projoct Lump Sum Payment* $ 39,000.00 2. Hourly Ralr $ 65,00 3. Exam Bud~,~ (.o~ to ~x~) a. Mileage (@.325/mile) $ 2,400.00 ¢. Outside Exposes $ 200.00 4, Projoct Specific Imuran~** $ 5,000.00 * This Proposal is based upon the consm~ction schedule of 120 working days, as setforth in tho specificatlom. In the evant that constroction is not completed, through no fault of DSA, within 130 working days, than DSA leave of tho C1TY to amend our Agr~um~nt. ** Cost of iasuran~c to bc billed at actual co~. Rcspoctfully re-submitted this 28* day of June, 2001, by: Don Sidell & Associates 2 ITEM 4 TO: FROM: DATE: SUBJECT: CITY ATTORNEY ~ DIRECTOR OF FINAN(~_./~-- CITY MANAGER ~ TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA General Manager/Board of Directors Herman Parker, Director of Community Service~ July 10, 2001 Award the Construction Contract for Chaparral High School Swimming Pool Project No. PW00-08CSD PREPARED BY: ~'~/-~William G. Hughes, Director of Public Works/City Engineer Brian Guillot, Assistant Engineer- Capital Projects RECOMMENDATION: That the Board of Directors: Award a construction contract to California Commercial Pools, Inc. of Glendora, California for the Chaparral High School Swimming Pool, Project No. PW00-08CSD, in the amount of $2,370,147.71, which includes Additive Bid No. 1, less Bid Item No. 26 of the Base Bid; and, authorize the President to execute the contract. Authorize the General Manager to approve change orders not to exceed the contingency amount of $237,014.77, which is equal to 10% of the contract amount. Approve a transfer of $278,000.00 in Capital Reserves from the Date/Cherry Street Improvements from Murrieta Hot Springs Road to Margarita Road - Phase V to the Chaparral High School Swimming Pool Project. BACKGROUND: On April 10, 2001, the Board of Directors approved the Construction Plans and Specifications and authorized the Depadment of Public Works to solicit construction bids for the Chaparral High School Swimming Pool, Project No. PW00-08CSD. The project consists of the construction of a 25 meter swimming pool, equal depth competitive pool; a separate three lane pool with shallow end for lessons and a deep end with diving board; a water spray play area; spectator seating, shower and locker room accommodations; a pump room; and, staff offices. The City and the Temecula Valley Unified School District (TVUSD) have previously entered into a joint use agreement for the proposed pool facility. The agreement requires the City to pay the costs of construction, which includes geotechnical and materials testing. The TVUSD will reimburse the City a total of $1,000,000 over a five (5) year period after construction is completed. One bid for the project was publicly opened on July 3, 2001. The results of the bid are as follows: California Commercial Pools, Inc. Base Bid .................................................................................................... $2,309,765.71 Additive Bid No. 1 (Pool Equipment) ........................................................ $ 60,382.00 Additive Bid No. 2 (Timing System) .......................................................... $ 79,000.00 Additive Bid No. 3 (Competition Lighting) ................................................. $ 88,750.00 R:'~AGD R PT~2.001~0710~PW00-08~AWARD.DOC California Commercial Pools, Inc. has extensive experience in constructing swimming pool facilities. They have successfully completed similar projects for Pasadena City College, Stanford University, and numerous other agencies. The construction period for this project is 120 working days. Work is expected to begin in July2001 and be completed in February2002. A copy of the bid summary is available for review in the office of the Director of Public Works. The engineer's estimate for the base bid is $ 2,118,000. FISCAL IMPACT: The Chaparral High School Swimming Pool is a Capital Improvement Project funded through Capital Project Reserves, Quimby Fees and Reimbursement from TVUSD. The joint use agreement with the TVUSD provides for TVUSD to reimburse the City a total of $1,000,000 for the project over a five-year period. Annual operations and maintenance costs for the facility are estimated at $150,000, excluding staffing. The City will reimburse the TVUSD for one-third of the actual maintenance costs each year. The transfer from the Date/Cherry Street Improvements from Murrieta Hot Springs Road to Margarita Road - Phase V Project is necessary to cover total construction amount of $2,607,162.48 which includes the Base Bid amount of $2,309,765.71, Additive Bid No. 1 in the amount of $60,382.00, plus the 10% contingency amount of $237,014.77. The necessary transfer also includes the estimated sewer connection fees, and outside construction management costs. ATTACHMENTS: 1. Project Location 2. Project Description 3. Contract P:\TCSD\RUSEP/PWCO-OB.AWARO DOC TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PWOO-O8CSD CHAPARRAL HIGH SCHOOL SWIMMING POOL THIS CONTRACT, made and entered into the 10th day of July, 2001, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and California Commercial Pools, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT 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. PW00-08CSD, CHAPARRAL HIGH SCHOOL SWIMMING POOL, 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. PW00-08CSD, CHAPARRAL HIGH SCHOOL SWIMMING POOL. Copies of these Standard Specifications are available from the publisher: Building New, 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 Provision, and Technical Specifications for PROJECT NO. PW00-08CSD, CHAPARRAL HIGH SCHOOL SWIMMING POOL. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed CONTRACT CA-1 c~cip~p r d~,ct s~p~O 8~CO NTRACT 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. 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. PW00-08CSD, CHAPARRAL HIGH SCHOOL SWIMMING POOL 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. 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. CONTRACT AMOUNT AND SCHEDUI F. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO MILLION THREE HUNDRED SEVENTY THOUSAND ONE HUNDRED FOURTY SEVEN DOLLARS and SEVENTY ONE CENTS ($2,370,147.71), 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 DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. 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 SCEHDULE: 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. CONTRACT CA-2 ~ciplpr~ectst~w0808~CONTP~CT 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 DISTRICT, the CONTRACTOR shall be paid a sum equal to ninety pement (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. 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. 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. 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 Engineer. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the DISTRICT 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 0 $75,000 RETENTION PERIOD RETENTION PERCENTAGE 180 days 3% $75,00- $500,000 180 days $2,250 + 2%ofamountin excess of $75,000 Over $500,000 One Year $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES - EXTENSION OF TIMF 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. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACT CA-3 10. 11. 12. 13. 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. CONTRACTOR is required to promptly notify DISTRICT of any such delay. 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. 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 Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 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 DISTRICT, 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 undedaken 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 DISTRICT. 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. CONTRACT CA~ 14. 15. 16. 17. 18. 19. 20. 21. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any District 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 DISTRICT 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 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. NOTICE TO CITY OF LABOR DISPUTE,':;. 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 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 shail 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. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractodconsultant convenants 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 CONTRACT CA-5 ~'¢ip~pr(~ec~w0~08~ONTEACT 22. 23. 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. 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: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590 CONTRACT CA-6 n~cip~)r~ects~p~4)8-08~ON'~ACT IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR: California Commercial Pools, Inc. 2255 E. Auto Center Drive Glendora, CA 91740 (909) 394-1280 By: Print or type NAME Print or type TITLE DATED: CITY OF TEMECULA COMMUNITY SERVICES DISTRICT: APPROVED AS TO FORM: By: Jeffrey E. Stone, President Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-7 c~cip~pr(~ec~t~8-0~ONTRACT REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JUNE 12, 2001 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:38 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Naggar, Stone, Roberts ABSENT: 1 AGENCY MEMBER: Pratt Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 27, 2001; 1.2 Approve the minutes of April 10, 2001; 1.3 Approve the minutes of April 17, 2001. 2 First Amendment to Professional Services Agreement with Fisher Merriman Seh,qal Yanez, Inc. RECOMMENDATION: 2.1 Amend the Professional Services Agreement with Fisher Merriman Sehgal Yanez, Inc. for the final design of the Old Town Community Theater in the amount of $420,000; 2.2 Approve a 10% contingency in the amount of $42,000. MOTION: Agency Member Comerchero moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Agency Member Naggar and voice vote reflected approval with the exception of Agency Member Pratt who was absent and Agency Member Stone who abstained with respect to 1.3 and 2. R:\Minutes.rda\061201 AGENCY BUSINESS 3 Review and Adoption of the FY 2001-2002 Annual Operating Budget RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. RDA 0t-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2001-02 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS By way of a PowerPoint presentation, Executive Director Nelson presented an overview of the proposed Annual Operating Budget. MOTION: Agency Member Comerchero moved to approve the staff recommendation, including the adoption of Resolution No. RDA 01-03. The motion was seconded by Agency Member Naggar and voice vote reflected approval with the exception of Agency Member Pratt who was absent and Agency Member Stone who abstained with respect to items relating to the Old Town area. Review and Approval of the FY 2002-2006 Capital Improvement Budget for th~. Redevelopment Agency (RDA) Recommendation 4.1 Adopt a resolution entitled: RESOLUTION NO. RDA 0t-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2002-06 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2001-02 (Agency Member Stone abstained with regard to this item.) By way of a PowerPoint presentation, Executive Director Nelson provided an overview of the proposed Capital Improvement Budget. MOTION: Agency Member Comerchero moved to approve the staff recommendation, including the adoption of Resolution No. RDA 01-04. The motion was seconded by Agency Member Naggar and voice vote reflected approval with the exception of Agency Member Pratt who was absent and Agency Member Stone who abstained.. Chairman Roberts commended Director of Housing and Redevelopment Meyer on a job well done. R:\Minutes.rda\061201 2 EXECUTIVE DIRECTOR'S REPORT Echoing Chairman Roberts, Executive Director Nelson as well commended Director of Housing and Development on a job well done. AGENCY MEMBERS' REPORTS No comment. ADJOURNMENT At 8:47 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 26, 2001, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Ron Roberts, Chairman Susan W. Jones, CMC City Cler~Agency Secretaw [SEAL] R:~Minutes.rda\061201 3 WINCHESTER HILLS FINANCING AUTHORITY ITEM 1 MINUTES OF A SPECIAL MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY JUNE 12, 200t A regular meeting of the City of Temecula Public Financing Authority was called to order at 8:47 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 4 BOARD MEMBERS: Naggar, Rober/s, Stone, Comerchero ABSENT: 1 BOARD MEMBER: Pratt Atso present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. AUTHORITY BUSINESS The City Council and the Temecula Public Financing Authority convened in a joint meeting. AUTHORITY BUSINESS 1 Actions relatinq to Acceptance of a Deposit related to proceedings for a Community Facilities District for Harveston RECOMMENDATION: 1.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 01-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT 1.2 That the Authority adopt a resolution entitled: RESOLUTION NO. TPFA 01-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO R:minutes.tpfa\061201 1 Finance Director Roberts presented the staff report (as per agenda material), noting that if the Harveston project were not approved, charges would be made against the deposit for costs incurred and the remaining funds would be returned to the developer. MOTION: Board Member Stone moved to approve the staff recommendation. The motion was seconded by Board Member Naggar and voice vote reflected approval with the exception of Board Member Pratt who was absent. At this time, the City Council meeting was recessed. EXECUTIVE DIRECTOR'S REPORT No comments. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:49 P.M., the Temecula Public Financing Authority meeting was formally adjourned. ATTEST: Jeff Comerchero, Chairman Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:minutes.tpfa\061201 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA WINCHESTER HILLS FINANCING AUTHORITY JULY 25, 2000 A regular meeting of the City of Temecula Winchester Hills Financing Authority was called to order at 9:10 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Comerchero presiding. PRESENT: 5 BOARDMEMBERS: ABSENT: 0 BOARDMEMBERS: None. Naggar, Pratt, Roberts, Stone, and Comerchero. Aisc present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of July 27, 1999. 2 Authorization of Special Tax Levy in Community Facilities District No. 98-1 (Winchester Hills) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. WHFA 2000-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY AUTHORIZING THE LEVY OF SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) MOTION: Authority Member Stone moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Chairman Comerchero and voice vote reflected approval with the exception of Authority Members Naggar and Pratt who abstained with regard to Consent Calendar Item No. 1. EXECUTIVE DIRECTOR'S REPORT No comments. AUTHORITY MEMBERS' REPORT No comments. ADJOURNMENT At 9:12 P.M., the Temecula Winchester Hills Financing Authority meeting was formally adjourned. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] ITEM 2 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER WINCHESTER HILLS FINANCING AUTHORITY AGENDA REPORT Executive Director/Authority Members Genie Roberts, Director of Finance ~/~ July 10, 2001 Authorization of Special Tax Levy in Community Services District No. 98-1 (Winchester Hills) PREPARED BY: Tim McDermott, Assistant Finance Director RECOMMENDATION: entitled: That the Board of Directors adopt Resolution No. WHFA 2001- RESOLUTION NO. WHFA 2001- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) BACKGROUND: The Winchester Hills Financing Authority (the "Authority") was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency to assist in the refinancing of public improvements or bonds in connection with fixed special assessment liens in the Winchester Hills area of the City. On February 24, 1998, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District. On April 14, 1998, resolutions were adopted forming the District and declaring the necessity to incur bonded indebtedness. On June 23, 1998 the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds. On July 29, 1998 special tax bonds in the amount of $12,255,000 were issued. The proceeds of the bonds were applied to pay delinquent assessments, and to prepay and discharge all future assessments levied on properties located in the District by the County of Riverside, acting through its Assessment District 161 and Assessment District 156. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District, a letter of credit provided by the developer, and amounts held in a reserve fund. The calculated special tax required to be levied for the 2001- 02 fiscal year is $855,052.01. FISCAL IMPACT: The calculated special tax required to be levied for the 2001-02 fiscal year is $855,052.01. This amount represents a $19,943.61.78 or 2.33% decrease from the 2000- 01 special tax levy. Attachments: -Special Tax Calculation Worksheet -Resolution No. WHFA 2001- Bonds Outstanding $11,585,000.00 Delinquency Rate for Fiscal Year 1999-00 0.00% Delinquency Rate for Fiscal Year 2000-01 0.00% March '02 Interest September '02 Interest September '02 Principal Total Debt Service Reserve Fund Requirement Current Reserve Fund Balance Deficit (Surplus) Reserve Adjustment Total Obligation 910,506.25 929,621.00 19,114.75 364,589.38 364,589.38 180,000.00 909,178.76 (19,114.75) 890,064.01 Fiscal Agent Tax Consultant (Webb) Auditor -Controller Foreclosure Counsel Absorption/Disclosure City Administration Total Administration PriorYear CurrentYear Actual Levy 4,100.00 5,000.00 5,500.00 5,500.00 104.00 100.00 7,800.00 7,800.00 17,504.00 18,400.00 Total Obligation Total Administration Prior Year Deficit (Surplus) 890,064.01 18,400.00 (53,412.00) Total Requirement 855,082.01 Adminisffation % of Levy Maximum Authorized Tax City's % of Levy FY 2000-01 Levy 874,995.62 Difference (19,943.61 ) 2.15% 0.91% -2.33% ACCOUNT DESCRIPTION ACCOUNT BALANCE As of 6/30/01 857,411.00 929,621.00 271.00 11,933.00 1,799,236.00 FUNDS AVAILABLE FOR SEPT P & I Special Tax Fund Reserve Fund Bond Fund Administrative Account 857,411.00 271.00 857,682.00 857,682.00 804,270.00 Total Funds Available Collection Subtotal Funds Needed for Sept. P & I* Other Sources: Reserve Fund Administrative Account 929,621.00 11,933.00 Total of Other Sources 941,554.00 * Includes prepayment of bonds related to Sutton Place properties ($245,000 plus $7,350 premium) RESOLUTION NO. WHFA 2001- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) WHEREAS, the Winchester Hills Financing Authority is the legislative body for Community Facilities District No. 98-1 (Winchester Hills), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"); and WHEREAS, the Board of Directors has enacted Ordinance No. WHFA 98-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, 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; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Winchester Hills Financing Authority, acting as the legislative body for Community Facilities District No. 98-1 (Winchester Hills) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. WHFA 98-11 and Ordinance No. WHFA 98-01, there is to be levied an aggregate special tax of $855,052.01 on the parcels which comprise the CFD for Fiscal Year 2001-02 as set forth on a magnetic tape to be provided by Albert A. Webb Associates to the Auditor-Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by Ordinance No. WHFA No. 98-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: Payment of principal and interest on the outstanding authorized bonded indebtedness. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. WHFA 98-11 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 5. 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. 98-1 (Winchester Hills)" on the next County assessment roll on which taxes will become due. Section 6. The County Auditor-Controller shall, at the close of the tax collection pedod, 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 7. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 10th day of July, 2001. ATTEST: Jeff Comerchero, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Winchester Hills Financing Authority at a regular meeting thereof, held on the 10th day of July, 2001, by the following vote of the Board of Directors: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Susan W. Jones, CMC City ClerldAuthodty Secretary ITEM 22 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER .~ CITY OF TEMECULA AGENDA REPORT City Manager/City Council ~J,~j-,~,Villiam G. Hughes, Director of Public Works/City Engineer July 10, 2001 Pedestrian Bridge over Winchester Road at Nicolas Road RECOMMENDATION: That the City Council: Direct the Public Works Department to process an application for the construction of a pedestrian bridge over Winchester Road at Nicolas Road through Caltrans; and Approve a transfer of $400,000.00 in Capital Reserves from the Murrieta Hot Springs Road Flyover Project (Date /Cherry Street Improvements from Murrieta Hot Springs Road to Margarita Road-Phase V) to the pedestrian bridge project over State Route 79 North/Winchester Road at Nicolas Road. BACKGROUND: At the City Council meeting of June 24th, several pledges of funds were made to assist with funding the construction of a pedestrian bridge. At the meeting City Council directed staff to prepare an appropriation request to help fund the design and construction of a pedestrian bridge over Winchester Road at Nicolas Road. The intersection is controlled by the State of California and any modification or improvements will be subject to the approval of Caltrans. The funding commitment will help prepare warrant information and demonstrate the City's commitment to enhancing the safety of this intersection. The Public Works Department will complete the followinq tasks: 1) Meet with Caltrans and the Temecula Valley Unified School District to investigate the feasibility of constructing a new pedestrian bridge over Winchester Road 2) Identify constraints in constructing a pedestrian bridge at this location 3) Conduct a warrant analysis for Caltrans review and permit processing 4) Prepare studies necessary for the Caltrans warrant analysis 5) Review possible bridge types and locations 6) Investigate the effectiveness of the bridge and methods to encourage student usage 7) Identify funding sources 8) Review the bridge project with the Public Traffic Safety Commission 9) Bring a full report to the City Council FISCAL IMPACT: Capital Reserve Funds are now available for transfer to the pedestrian over crossing from the Murrieta Hot Springs Road Flyover Project (Date/Cherry Street Improvements from Murrieta Hot Springs Road to Margarita Road - Phase V) flyover project due to abandonment of a proposed property acquisition. 1 R:~AGDRPT~2001\0710\Ped Bridge.doc1 ITEM 23 APPROVAL /~/,~ CITY ATTORNEY DIRECTOR OF FINANCE~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Mayor and Members of the City Council City Manager Jim O'Grady, Assistant City Manager ~ July 10, 2001 Potential City Hall Site - Requested by Councilmember Pratt RECOMMENDATION: Provide direction to staff regarding this item. BACKGOUND: At your June 26 meeting, Councilmember Pratt requested that the City Council consider identifying a site for a new City Hall. Staff is well aware that potential sites for a new City Hall will diminish as the City continues to develop. The current City Hall was intended to serve as an interim facility, and the current renovations to City Hall and to the Maintenance facility should provide space for approximately five to seven years of anticipated growth. However it is important to identify a preferred location for a "permanent" City Hall and to begin to take steps to acquire any needed property. Staff recommends that if the Council concurs with this request that you refer this back to staff. Staff would plan to bring back recommendations to the City Council outlining recommended approaches to identify possible locations, building/site requirements, and resources needed to complete such a study. Staff would plan to bring this information back to Council for further consideration in 30 to 60 days, FISCAL IMPACT: None at this time. ITEM 24 APPROVAL /.~ CITY ATTORNEY DIR.OF FINANCE ' CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council O'Grady, Assistant City Manage~.)/l/~. Jim // July 10, 2001 City Council Term Limits RECOMMENDATION: Provide direction to staff regarding this item. BACKGROUND: This item has been placed on the agenda at the request of Councilman Pratt. The City Attorney has advised that as per Government Code Section 36502, a general law city may adopt term limits by a vote of the people - either by a voter initiative or a Council-sponsored initiative. FISCAL IMPACT: None. ITEM 25 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE__~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Mayor and Members of the City Council City Manager Jim O'Grady, Assistant City Manager July 10, 2001 Consideration of Mail Security Measures for City Council Correspondence- Requested by Councilmember Naggar RECOMMENDATION: Provide direction to staff regarding this item. BACKGOUND: Councilmember Naggar has requested that the City Council discuss measures to provide greater security for correspondence addressed to the City Council. FISCAL IMPACT: None at this time. R:~OGRADYJICOUNClI- REPORT * MIKE NAGGAR, MAll- SECURITY MEASURES, ?-10*01.DOC ITEM 26 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jim O'Grady, Assistant City Manager~/~,~ July 10, 2001 Release of letter from City Attorney regarding use of City Facilities (at the request of Councilman Naggar) RECOMMENDATION: Provide direction to staff regarding this item. BACKGROUND: Councilman Naggar has requested that the Council consider authorizing release of City Attorney Thorson's letter to the City Council, dated June 25, 2001, regarding use of City facilities. FISCAL IMPACT: None.