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Home My WebLink About050906 CC Agenda In compliance with the Americans vvith Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting ",II enable the City to make reasonable arranQements to ensure accessibility to that meetinQ r28 CFR 35.102.35.104 ADA Title III AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 9,2006 -7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meetin~. All meetin~s are scheduled to end at 10:00 P.M. Next in Order: Ordinance: 06-06 Resolution: 06-37 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Chaparral High School Orchestra Invocation: Youth Pastor Mike Wallace of Crossroads Church Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTA TIONS/PROCLAMA TIONS Neurofibromatosis Awareness Month Sister City Presentation - Reoort from Students returnina from Voorbura National Public Works Week Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adootion Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of text of all ordinances and resolutions included in the agenda. 2 Resolution aoorovina List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Citv Treasurer's Reoort as of March 31. 2006 RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of March 31, 2006. 4 HP Storaae Area Network (SAN) Hardware Maintenance Onsite Suooort RECOMMENDATION: 4.1 Approve a three-year annual maintenance agreement for the City's SAN, Secure Path Software, Network Switches, and Fiber Mesh from Nth Generation for the total amount of $34,020. 2 5 PH Birdsall Soorts Park Video Surveillance Svstem RECOMMENDATION: 5.1 Authorize the purchase of a Video Surveillance System from IP Integration, Inc. for the total amount of $78,062.50, including applicable sales tax; 5.2 Authorize the City Manager to approve contract change orders not to exceed the contingency amount of $15,612, which is equal to 20% of the contract amount. 6 Suooort for the Readina and Literacv Imorovement and Public Librarv Construction and Renovation Bond Act of 2006 (at the reauest of Mavor Roberts) RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING AND SUPPORTING THE CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2006 7 Acceotance of certain Public Streets into the City-Maintained Street Svstem within Tract Mao No. 23143-8 (Located south of Pauba Road. east of Butterfield Staae Road. and north of De Portola Road within the Crowne Hill Subdivision) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 23143-8) 8 Professional Services Aareement - Vali Coooer & Associates. Inc. for Construction Manaaement and Insoection Services for Rorioauah Ranch Infrastructure and Subdivision Im~rovements. Southern California Edison Matera 12KV Imorovements. and Rancho California Water District Maior Infrastructure RECOMMENDATION: 8.1 Approve an agreement for construction management and inspection services with Vali Cooper & Associates, Inc. in the amount of $287,448, to provide Public Works Construction Management and Inspection Services for Roripaugh Ranch Infrastructure and Subdivision Improvements, Southern California Edison Matera 3 12KV Improvements, and Rancho California Water District Major Infrastructure, and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders for an amount not to exceed $12,552. 9 Aooroval of the Plans and Soecifications and Authorization to Solicit Construction Bids for the Rancho Vista Road Sidewalk Proiect - Proiect No. PW05-01 RECOMMENDATION: 9.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Rancho Vista Road Sidewalk Project - PW05-01. 10 Award the Construction Contract for Rancho California Median Modifications between the 1- 15 and Ynez Road Proiect No. PW05-04 RECOMMENDATION: 10.1 Award a construction contract for Project No. 05-04 - Rancho California Road Median Modifications between Interstate 15 and Ynez Road to Elite Bobcat Service, Inc. in the amount of $266,287.75 and authorize the Mayor to execute the contract; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $26,628.78, which is equal to 10% of the contract amount; 10.3 Authorize a transfer of $80,000 of Developer Impact Fees (DIF) for streets from the Diaz Road Realignment Project to fully fund this project. 11 Intersection Traffic Monitorina Svstem - Proiect No. PW05-05 RECOMMENDATION: 11.1 Award a construction contract for the Intersection Traffic Monitoring System, Project No. PW05-05, to Crosstown Electrical & Data, Inc. in the amount of $128,443, and authorize the Mayor to execute the contract; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $12,844.30, which is equal to 10% of the contract amount. 12 Award the Construction Contract for the Bridae Fencina at Rancho California Road Overcrossina and Overland Drive Overcrossina at Interstate 15 - Proiect No. PW05-09 RECOMMENDATION: 12.1 Award a construction contract for Project No. 05-09, Bridge Fencing at Rancho California Road Overcrossing Bridge and Overland Drive Overcrossing Bridge at Interstate 15, to Alcorn Fence Company in the amount of $195,727.50 and authorize the Mayor to execute the contract; 4 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $19,572.75, which is equal to 10% of the contract amount; 12.3 Authorize a transfer of $230,000, of Capital Project Reserves from the Localized Storm Drain Project to fully fund this project. 13 Aoqroval of the Plans and Soecifications and Authorization to Solicit Construction Bids for Phase 2 of the Maintenance Facilitv Exoansion/Field Ooerations Center. Proiect No. PW03-06 RECOMMENDATION: 13.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for phase 2 of Maintenance Facility Expansion/Field Operations Center, Project No. PW03-06. 14 Authorize TemooralY Street Closures of Diaz Road between Rancho California Road and Winchester Road for the Diaz Road Pavement Rehabilitation Proiect - Proiect No. PW05- 06 and Deleaate Authoritv to Issue a Street Closure Permit to the Director of Public Works/City Enaineer RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURES OF DIAZ ROAD BETWEEN RANCHO CALIFORNIA ROAD AND WINCHESTER ROAD FOR THE DIAZ ROAD PAVEMENT REHABILITATION PROJECT, PROJECT NO. PW05-06 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE AN ENCROACHMENT PERMIT INCLUDING STREET CLOSURES 15 Aooroval of the Plans and Soecifications and Authorization to Solicit Construction Bids for Traffic Sianallnstallations at the Jefferson Avenue/Sanborn Avenue & Redhawk Parkwav/Overland Trail Intersections - Proiect No.'s PW05-07 and PW05-08 RECOMMENDATION: 15.1 Approve the plans & specifications and authorize the Department of Public Works to solicit construction bids for Traffic Signal Installations at the Jefferson Avenue/Sanborn Avenue and Redhawk Parkway/Overland Trail Intersections, Project Nos. PW05-07 & PW05-08. 16 Rorioauah Fire Station Security Aareement 16.1 Approve an agreement with Securitas Security Services USA in the amount of $50,000 plus a 10% contingency for security services at Fire Station 95. 5 17 Second Readina of Ordinance No. 06-05 RECOMMENDATION: 17.1 Adopt an Ordinance entitled: ORDINANCE NO. 06-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 17.06.030, 17.08.030 AND 17.34.010 OF THE TEMECULA MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY ******'14 _" RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY ************'<><>< 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 06-01 Resolution: No. CSD 06-06 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 18 Minutes RECOMMENDATION: 18.1 Approve the minutes of April 25, 2006. 19 TCSD Prooosed Rates and Charaes for FY 2006-2007 RECOMMENDATION: 19.1 Adopt a resolution entitled: 7 RESOLUTION NO. CSD 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2006-2007 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 20 Aooroval of Plans and Soecifications and Authorization to Solicit Construction Bids for the Erie Stanlev Gardner Exhibit Proiect No. PW04-15CSD RECOMMENDATION: 20.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Erie Stanley Gardner Exhibit - Project No. PW04-15CSD. 21 Entertainment Aareement - Timmv D' Productions RECOMMENDATION: 21.1 Approve a non-exclusive Entertainment Agreement between the City of Temecula and Timmy D' Productions in the amount of $80,000, plus a 10% contingency. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER'S REPORT CSD BOARD OF DIRECTORS' REPORTS CSD ADJOURNMENT Next adjourned regular meeting: Wednesday, May 17, 2006 at 10:00 A.M., for the purpose of a Budget Workshop in the City Council Chambers, 43200 Business Park Drive, Temecula, California. The next regular meeting will be Tuesday, May 24,2006 at 5:30 P.M., for a Closed Session with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. 8 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 06-01 Resolution: No. RDA 06-04 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL AGENCY MEMBERS: Edwards, Comerchero, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. RDA CONSENT CALENDAR 22 Minutes RECOMMENDATION: 22.1 Approve the minutes of April 25, 2006. RDA EXECUTIVE DIRECTOR'S REPORT RDA AGENCY MEMBERS' REPORTS RDA ADJOURNMENT Next adjourned regular meeting: Wednesday, May 17, 2006 at 10:00 A.M., for the purpose of a Budget Workshop in the City Council Chambers, 43200 Business Park Drive, Temecula, California. The next regular meeting will be Tuesday, May 24,2006 at 5:30 P.M., for a Closed Session with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. 9 RECONVENE TEMECULA CITY COUNCIL CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next adjourned regular meeting: Wednesday, May 17, 2006 at 10:00 AM., for the purpose of a Budget Workshop in the City Council Chambers, 43200 Business Park Drive, Temecula, California. The next regular meeting will be Tuesday, May 24,2006 at 5:30 P.M., for a Closed Session with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. 10 PROCLAMA TIONS AND PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, the Children's Tumor Foundation is observing May, 2006 as National Neurofibromatosis (NF) Awareness Month to inform the public about this common genetic disorder; and WHEREAS, NF is more prevalent than Cystic Fibrosis, Muscular Dystrophy, and Huntington's Disease combined; and WHEREAS, over 100,000 Americans have NF and one out of every 4,000 newborns will develop the disorder; and WHEREAS, NF causes tumors to grow along nerves throughout the body and can affect the development of other parts of the body and cause other disorders; and WHEREAS, the Children's Tumor F Olmdation leads the efforts to support research aimed at finding the causes of the disorder and developing treatments and a cure, and providing support to those affected with NF; and NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City COlmcil ofthe City of Temecula, hereby proclaim May, 2006, to be "Neurofibromatosis Awareness Month" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ofthe City of Temecula to be affixed this 1" day of May, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, public works services provided in our community are an integral part of our everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems, such as roadway maintenance and repair, drainage facilities, graffiti removal, tree trimming, weed abatement, and special event assistance; and WHEREAS, the health, safety, and comfort of the community greatly depends on these services; and WHEREAS, the quality and effectiveness of these services, as well as their plallling, design, and construction, is vitally dependent upon the efforts and skills ofthe public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is influenced by the people's attitude and understanding of the importance ofthe work they perform; and NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City COlmcil ofthe City of Temecula, hereby proclaim the week of May 21 st through 27th, 2006 to be "National Public Works Week" "Public Works: The Heart of Every Community" in the City of T emecula and encourage all citizens and civic organizations to acquaint themselves with the issues involved in providing public works services, and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of T emecula to be affixed this 9th day of May, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR I~-- . , II ITEM NO.1 II , II - . . . I I II II __. . I I~-- . , II ITEM NO.2 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V C!2- Cf CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: May 09,2006 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Senior Accountant Reta Weston, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. Attachments: Resolution and List of Demands RESOLUTION NO. 06-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALIFORNIA, 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 reviewed by the City Manager's Office, and that the same are hereby allowed in the amount of $3,300,890.47. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 09'h day of May, 2006. Ron Roberts, Mayor Attest: Susan W. Jones, MMC Citry Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 06-_ was duly and regularly adopted by the City Council of the City ofTemecula at a meeting thereof, held on the 09th day of May, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk 'Y OF TEMECULA ST OF DEMANDS 04/20/2006 TOTAL CHECK RUN: $ 2,332,339.46 04/27/2006 TOTAL CHECK RUN: 557,294.49 04/20/2006 TOTAL PAYROLL RUN: 411,256.52 TOTAL LIST OF DEMANDS FOR 05/09/06 COUNCIL MEETING: $ 3,300,890.47 DISBURSEMENTS BY FUND: CHECKS: 1001 GENERAL FUND $ 1,875,288.03 165 RDA DEV- LOW /MOD SET ASIDE 28,018.26 1190 TEMECULA COMMUNITY SERVICES DISTRICT 258,56501 192 TCSD SERVICE LEVEL B 49,804.51 193 TCSD SERVICELEVEL"C" LANDSCAPE/SLOPE 74,036.58 194 TCSD SERVICE LEVEL D 613.85 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 1,620.00 196 TCSD SERVICE LEVEL "L" LAKEPARKMAINT. 9,754.00 1210 CAPITAL IMPROV PROJ FUND 467,284.95 280 REDEVELOPMENT AGENCY - CIP PROJECT 17 ,647.46 300 INSURANCE FUND 4,839.89 320 INFORMATION SYSTEMS 73,819.63 330 SUPPORT SERVICES 10,011.89 340 FACILITIES 9,579.89 460 CFD 88-12 DEBT SERVICE FUND 2,750.00 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 2,125.00 1475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,500.00 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 1,37500 I $ 2,889,633.95 001 GENERAL FUND $ 282,979.30 165 RDA LOW /MOD - 20% SET ASIDE 5,530.54 190 TEMECULA COMMUNITY SERVICES DISTRICT 79,724.15 192 TCSD SERVICE LEVEL B 110.43 1193 TCSD SERVICELEVEL"C" LANDSCAPE/SLOPE 4,977.82 194 TCSD SERVICE LEVEL D 572.63 196 TCSD SERVICE LEVEL "L" LAKEPARKMAINT. 556.12 280 REDEVELOPMENT AGENCY - CIP PROJECT 2,593.02 300 INSURANCE FUND 1,183.61 320 INFORMATION SYSTEMS 22,392.49 330 SUPPORT SERVICES 2,984.90 340 FACILITIES 7,651.51 I 411,256.52 TOTAL BY FUND: $ 3,300,890.47 apChkLst Final Check List Page: 1 04/20/2006 2:30:58PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 669 04/20/2006 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,307.68 20,307.68 SOLUTION 670 04/20/2006 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 110,531.48 110,53148 RETIREMENT) 671 04/20/2006 000283 INSTATAX (IRS) Federal Income Taxes Payment 75,269.02 75,269.02 672 04/20/2006 000444 INSTATAX (EDD) State Disability Ins Payment 19,068.30 19,068.30 673 04/20/2006 000389 use M WEST (OBRA), OBRA - Project Retirement Payment 2,691.94 2,691.94 NATIONWIDE RETIREMENT 674 04/20/2006 000444 INSTATAX (EDD) 1st Qtr 2006 Unemployment Taxes 59,646.20 59,646.20 106911 04/20/2006 004594 2 HOT ACTIVEWEAR P.O. MotorTrouser:Kurylowicz 189.63 189.63 106912 04/20/2006 001700 A PLUS TEACHING MATERIALS CRC Tiny Tots supplies 50.31 50.31 106913 04/20/2006 009877 ABRISHAMI, ENAYAT Refund:Withdrew Planning Application 9,796.00 9,796.00 106914 04/20/2006 004765 ACTIVE NETWORK INC, THE Refund:Amanda Vickery:Girl Wrkshp 69.00 69.00 106915 04/20/2006 006915 ALLIE'S PARTY EQUIPMENT Volunteer Recognition Equip Rental 1,459.73 Equip Rental for Bluegrass event 710.27 2,170.00 106916 04/20/2006 004240 AMERICAN FORENSIC NURSES May Stand-by DUI Drug & Alcohol 600.00 Mar DUI Drug & Alcohol Screening 175.00 Mar DUI Drug & Alcohol Screening 175.00 950.00 106917 04/20/2006 000747 AMERICAN PLANNING Membership: Emery Papp 117057 410.00 410.00 ASSOCIATION 106918 04/20/2006 002187 ANIMAL FRIENDS OF THE Mar Animal control services 12,500.00 12,500.00 VALLEYS 106919 04/20/2006 000101 APPLE ONE INC Temp help PPE 4/1 Kasparian 655.20 655.20 106920 04/20/2006 002648 AUTO CLUB OF SOUTHERN Membership:C. Adkisson-Flohr 88551767 47.00 CALIF Membership: John Zuna 98647260 46.00 93.00 Page:1 apChkLst Final Check List Page: 2 04/20/2006 2:30:58PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106921 04/20/2006 002648 AUTO CLUB OF SOUTHERN Membership: Marianne Parker 88551262 47.00 47.00 CALIF 106922 04/20/2006 009885 BAUTISTA, SARAH Refund: Tiny Tots-Terrific 3's 24.00 24.00 106923 04/20/2006 002541 BECKER CONSTRUCTION SRVS Repair V-ditch/slope:Walcot Rd 8,315.00 8,315.00 INC 106924 04/20/2006 004778 BERRYMAN & HENIGAR INC Jan-Mar design:R.CalifWidening 7,984.57 Dec-Jan design:R.CalifWidening 620.11 8,604.68 106925 04/20/2006 002377 BEST BUY COMPANY INC Black refrigerator: Police storefront 571.07 571.07 106926 04/20/2006 004040 BIG FOOT GRAPHICS TCSD instructor earnings 157.50 157.50 106927 04/20/2006 005321 CALIF ASSOC OF CODE Regist:Safety Trng:4/25:4-Code Enforce 420.00 420.00 106928 04/20/2006 004248 CALIF DEPT OF JUSTICE- Feb DUI Drug & Alcohol Screening 980.00 980.00 ACCTING 106929 04/20/2006 009883 CAMARENA, OSCAR Refund: Tiny Tots-Terrific 3's 24.00 24.00 106930 04/20/2006 004228 CAMERON WELDING SUPPLY Helium tanks refill/rentals:TCSD 39.48 39.48 106931 04/20/2006 004006 CARROLL, JOSEPH 2006 Mayor and Council portrait 635.67 635.67 106932 04/20/2006 009886 CASTRO, JENNIFER Refund: Picnic Shelter Rental-Meadows 48.00 48.00 106933 04/20/2006 002534 CATERERS CAFE Refreshments: Civic Ctr Planning 167.71 Refreshments: Division Team Building 95.90 Refreshments: Verizon Business Mtg 80.50 Refreshments: Prevention Team Building 48.65 Refreshments: IS Team Building 24.25 Refreshments: Budget Wrkshp 15.09 432.10 106934 04/20/2006 009640 CERTIFION CORPORATION 2- unlimited access to the EPO 150.00 150.00 106935 04/20/2006 004837 CHERRY VALLEY FEED & PET "Kaos" Police k-9 food/supplies 79.74 79.74 SUPL Y 106936 04/20/2006 000137 CHEVRON USA INC City vehicles fuel: Police Dept 633.85 City vehicles fuel: CM/Police 377.95 1,011.80 Page2 apChkLst Final Check List Page: 3 04/20/2006 2:30:58PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106937 04/20/2006 001197 CHOCOLATE FLORIST, THE Volunteer Recognition Event Supplies 435.00 435.00 106938 04/20/2006 005417 CINTAS FIRST AID & SAFETY First Aid Supplies:TCC 180.48 180.48 106939 04/20/2006 009882 COGLlATI, CHARLOTTE Refund: Tiny Tots-Terrific 3's 24.00 24.00 106940 04/20/2006 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 150.00 150.00 106941 04/20/2006 001264 COSTCO WHOLESALE Meeting supplies: CM/HR/Council 280.67 280.67 106942 04/20/2006 004524 CRAFCO INC-ABSOLUTE Asphalt for Pot Hole repairs:PW Mntc 1,169.15 1,169.15 ASPHALT 106943 04/20/2006 009524 CREATIVE HANDS ART SCHOOL TCSD instructor earnings 441.00 TCSD instructor earnings 378.00 TCSD instructor earnings 126.00 945.00 106944 04/20/2006 001393 DATA TICKET INC Oct parking citation processing svcs 251.26 251.26 106945 04/20/2006 003945 DIAMOND ENVIRONMENTAL Portable Restroom: Vail Ranch Prk 57.98 57.98 SRVCS 106946 04/20/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles:VanfTrailblzr 129.00 129.00 INC 106947 04/20/2006 001714 DREAM ENGINEERING INC Copies/Postage Vail Bsktball Lght Design 6.95 6.95 106948 04/20/2006 008485 ELABDALLAH, FATIMA Refund: Tiny Tots-Terrific 3's 24.00 24.00 106949 04/20/2006 002939 ENVIRONMENTAL SYSTEMS GIS Software Manuals 476.52 476.52 RESEARCH 106950 04/20/2006 005251 EQUIPMENT REPAIR SERVICE pressure washer repair:PW mntc 568.50 568.50 106951 04/20/2006 000164 ESGIL CORPORATION Aug/Dec plan chk svcs:Bldg & Safety 16,374.10 Mar plan check svcs:Bldg & Safety 8,544.63 Credit: Needs council action -14,989.07 9,929.66 106952 04/20/2006 009899 EVORA, ANA Refund: Cardio Kickboxing: MPSC 20.00 20.00 Page:3 apChkLst Final Check List Page: 4 04/20/2006 2:30:58PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106953 04/20/2006 001056 EXCEL LANDSCAPE Mar Idscp svcs: Sports Prks/School 42,912.29 Mar Idscp svcs: South Slopes 32,834.98 Mar Idscp svcs: North Slopes 24,155.34 Mar Idscp svcs: Medians 9,735.12 Mar Idscp svcs: City Fac.lCRC 7,779.64 Feb Idscp impr: Winchester Rd. 1,07780 Feb Idscp impr: Irrigation repairs 973.64 Feb Idscp impr: Vail Ranch 18743 119,656.24 106954 04/20/2006 000165 FEDERALEXPRESSINC Mar 10-28 Express mail services 232.71 232.71 106955 04/20/2006 000165 FEDERALEXPRESSINC Express mail:La Ballpoint Library info 61.00 61.00 106956 04/20/2006 009884 FIFIELD, JENNIFER Refund: Tiny Tots- Terrific 3's 24.00 24.00 106957 04/20/2006 003747 FINE ARTS NETWORK Ticket sales:Aladdin:Mar/Apr 06 2,838.54 2,838.54 106958 04/20/2006 000166 FIRST AMERICAN TITLE Lot Book Report: Akerly-Crowley 75.00 75.00 COMPANY Page:4 apChkLst Final Check List Page: 5 04/20/2006 2:30:58PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106959 04/20/2006 003347 FIRST BANKCARD CENTER LINDBERGH PARKING SAN ME Prkg:NLCC Conf:3/1G-15:Wshgtn 114.00 DIEGO CIRCUIT CITY TT Computer supplies:2-Flash Memory 89.41 OFFICE DEPOT BUSINESS SVS TT Computer supplies:Reader/Ghost 86.19 DIV CALIF BAGEL BAKERY & DELI SJ Refreshments:Team Bldg 85.00 STADIUM PIZZA TT Refreshments:Brainstorming Mtg 60.67 CHillS RESTAURANT SJ Refreshments:lnterview Panel 55.00 FEDERALEXPRESSINC ME Express mail to Wshgtn 46.91 UNION 76 JO Fuel:Fire Prev Team Bldg 46.25 ORIENTAL TRADING COMPANY TT Misc Office Supplies:IS 36.85 INC INKA GRILL JO Refreshments:Business Mtg 34.70 SPRINT SJ Cell phone car charger 32.31 D L T SOLUTIONS INC TT Software: Civil Design upgrade 1,730.47 JURYS WASHINGTON HOTEL ME Htl:NLCC Conf:3/10-15:Wshgtn 899.23 RAMADA INNS & SUITES ME Htl:NLCC Conf:3/10-15:Wshgtn 171.74 LIVING DESERT, THE SN Refreshments: Executive retreat 155.35 ROUND TABLE PIZZA \NI-I Refreshments:PW/Planning Mtg 130.00 3,774.08 106960 04/20/2006 006531 FORMOE, GARY Reimb:Elecl Standards Sem:3/1-2/06 217.29 217.29 106961 04/20/2006 002982 FRANCHISE TAX BOARD Support Pmt Case # 452379267=$75.00 115.91 115.91 106962 04/20/2006 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 795.60 Printer toner supplies:Citywide 339.62 1,135.22 106963 04/20/2006 007279 GAIL MATERIALS INC Track Pro Gold infield mix:Temeku Hills 464.49 464.49 106964 04/20/2006 009830 GERMANN III, WILLIS M. Refund: Security Depst: CRC 400.00 400.00 106965 04/20/2006 009094 GLEN EAGLES CORPORATION Res Imp Prgm: Vitanza, T & P 2,975.00 2,975.00 106966 04/20/2006 000177 GLENNIES OFFICE PRODUCTS Office Supplies:Fire Dept 1,093.58 INC Office Supplies:ISlGIS 283.55 1,377 13 PageS apChkLst Final Check List Page: 6 04/20/2006 2:30:58PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106967 04/20/2006 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prey 75.71 75.71 106968 04/20/2006 009660 GRADE PROS INC. Mar prgss pmt:Pauba Rd Phase II 99,512.68 99,512.68 106969 04/20/2006 002372 HARMON, JUDY TCSD instructor earnings 135.80 135.80 106970 04/20/2006 003895 HAROLD,MARK Reimb:CALBO Conf:3/2106:Palm Sprg 217.29 217.29 106971 04/20/2006 007371 HARVESTON, LLC Refund:Trust 5005- Lakefront Cottages 26,373.10 26,373.10 106972 04/20/2006 007371 HARVESTON, LLC Refund:Trust 5008:Chatham-TR 30667 4,456.66 4,456.66 106973 04/20/2006 007371 HARVESTON, LLC Refund:Trust 5006- Wellesley Homes 60.36 60.36 106974 04/20/2006 006471 HIGGINS, TERI NIEMANN Refund: Tiny Tots-Terrific 3's 24.00 24.00 106975 04/20/2006 005748 HODSON, CHERYL A. Support Payment 56.77 56.77 106976 04/20/2006 003198 HOME DEPOT, THE C. Museum exhibit supplies 171.32 Hardware supplies:T Museum 35.95 207.27 106977 04/20/2006 000194 Ie M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 10,645.50 10,645.50 303355 106978 04/20/2006 003857 IDEA ART INC F.IT prgm supplies: Postcards 55.55 55.55 106979 04/20/2006 004406 IGOE & COMPANY INC Mar flex benefit plan pmt 313.25 313.25 106980 04/20/2006 009880 IGOE, RABECCA Refund: Music for toddlers 44.00 44.00 106981 04/20/2006 003266 IRON MOUNTAIN OFFSITE Records mgmt microfilm storage unit 275.00 275.00 106982 04/20/2006 001186 IRWIN, JOHN TCSD instructor earnings 1,281.00 TCSD instructor earnings 407 40 TCSD instructor earnings 184.80 1,873.20 106983 04/20/2006 009824 ISBN U.S. AGENCY ISBN publication regist feeT Museum 45.00 45.00 106984 04/20/2006 004884 J & W REDWOOD LUMBER CO Lumber supplies for Old Town repairs 30.64 30.64 INC Page:6 apChkLst Final Check List Page: 7 04/20/2006 2:30:58PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106985 04/20/2006 009879 JONES, MYRA S. Refund: Picnic Shelter rental:Pala Prk 210.00 210.00 106986 04/20/2006 009878 KAVANAGH, MYLES Refund: Admin Cite 2100/2095:Dismissed 200.00 200.00 106987 04/20/2006 001091 KEYSER MARSTON ASSOCIATES Mar affordable housing svcs 2,748.77 INC Mar Real Estate Econ Svcs 2,358.74 5,107.51 106988 04/20/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 4/9 Wedeking 580.00 Temp help PPE 4/9 Hussar 191.40 77140 106989 04/20/2006 003631 KLEIN FELDER INC Feb Geotech svc:Field Oper Ctr 455.00 455.00 106990 04/20/2006 001282 KNORR SYSTEMS INC Pool supplies:1/2 Tee Strainer 23.91 23.91 106991 04/20/2006 001085 L N CURTIS & SONS Paramedic Medical Supplies 320.97 320.97 106992 04/20/2006 000945 L P S COMPUTER SERVICE Printer repairs: LJ 8500 Trnfr Kit 918.95 GROUP Printer repair:LJ 2100 roller/pads 196.98 1,115.93 106993 04/20/2006 006744 LAMAR CORPORATION, THE Apr Billboard Lease-Old Town 2,900.00 Old Twn Billboard Change-Out 495.00 3,395.00 106994 04/20/2006 009285 LEISURE MORE CORP 4 cases- Sanitary pet waste bags 258.67 258.67 106995 04/20/2006 009881 LOPEZ, SHANA Refund: Music for Toddlers 44.00 44.00 106996 04/20/2006 009465 LOS ANGELES TRUCK CENTER Freightliner Crewcab/chassis:Police 80,705.40 80,705.40 LLC 106997 04/20/2006 000394 MAINTENANCE M.S.A. Admin Day: C. Washington 4/27 20.00 20.00 SUPERINTENDENTS 106998 04/20/2006 004141 MAINTEX INC custodial supplies: C. Theater 515.26 custodial supplies: City Hall 442.42 custodial supplies: Old Town 292.05 custodial supplies: T Museum 147.71 1,397 44 106999 04/20/2006 001967 MANPOWER TEMPORARY temp help w/e 04/02 JD/JH/DH 3,100.25 3,100.25 SERVICES 107000 04/20/2006 006488 MANSILLA, NEAL reimb:NFPA Fire Sprinkler:3/27-29/06 2712 2712 107001 04/20/2006 009891 MARQUETTE, STEVE refund: Tiny Tots-Fab 4 & 5's 24.00 24.00 Page:? apChkLst Final Check List Page: 8 04/20/2006 2:30:58PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107002 04/20/2006 009508 MARQUEZ, LETICIA refund: Tiny Tots- Fab 4 & 5's 24.00 24.00 107003 04/20/2006 009889 MCGILL, CHERYL refund: Sketching & Painting 71.20 71.20 107004 04/20/2006 009541 MEYER AND ASSOCIATES Mar dsgn svcs: TCC Expansion 1,660.00 1,660.00 107005 04/20/2006 007210 MIDORI GARDENS Mar Idscp maint svcs:Neighborhood Prks 49,931.61 49,931.61 107006 04/20/2006 008091 MILLMORE'S WAX CREW City vehicles detailing svcs: PW Depts 100.00 City vehicle car washes: Bldg & Safety 40.00 140.00 107007 04/20/2006 009802 MIRANDA, KACI refund: Kidz Love Soccer-Tot Soccer 75.00 75.00 107008 04/20/2006 009892 MORGAN, NICHOLE refund: Tiny Tots-Fab 4 & 5's 24.00 24.00 107009 04/20/2006 000230 MUNIFINANCIAL Apr-Jun assessment admin: TCSD 5,180.97 5,180.97 107010 04/20/2006 008820 NEIGHBORS NEWSPAPER Apr ad:Painted Parasol Festival/RDA 250.00 250.00 107011 04/20/2006 009337 NOLTE ASSOCIATES INC Mar dsgn svcs: S.G.Creek Bridge 7,458.50 7,458.50 107012 04/20/2006 002139 NORTH COUNTY TIMES Mar Display Ad: RDA 289.73 Jan display ad: City Clerk 154.98 444.71 107013 04/20/2006 009888 NOVELTIES 2000 refund: Oil/Acrylic Painting 89.00 89.00 107014 04/20/2006 009570 o C B REPROGRAPHICS dup.blueprints:R.C.Rd medians 252.14 dup.blueprints:F V.Pkwy/I-15 Intrchg 199.34 dup.blueprints:Maint Fac Expan 100.85 552.33 107015 04/20/2006 003964 OFFICE DEPOT BUSINESS SVS Fold N Roll Box/File Carts: Rcrds Mgmt 310.28 DIV 2 Drawer File Cabinet:Rcrds Mgmt 67.87 378.15 107016 04/20/2006 006721 OFFICEMAX - A BOISE COMPANY office supplies: Code Enf. 16.88 16.88 107017 04/20/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint SVcs 14747 City Vehicle Repair/Maint SVcs 115.32 City Vehicle Repair/Maint SVcs 77.37 City Vehicle Repair/Maint SVcs 4742 City Vehicle Repair/Maint SVcs 34.27 City Vehicle Repair/Maint SVcs 34.27 City Vehicle Repair/Maint SVcs 34.27 490.39 Page:8 apChkLst Final Check List Page: 9 04/20/2006 2:30:58PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107018 04/20/2006 009694 ONSTAGE MUSICALS Thtr settlement/Great Pop Singers 4/9 7,340.71 7,340.71 107019 04/20/2006 004389 OUT OF THE ORDINARY Team Building: Bldg & Safety 5/11/06 3,575.50 3,575.50 107020 04/20/2006 002297 OVERLAND PACIFIC & CUTLER Mar consulting:Civic Center Relocation 3,276.25 3,276.25 INC 107021 04/20/2006 005152 PACIFIC PRODUCTS & SERVICES Citywide install/repair sign supplies 1,944.19 1,944.19 107022 04/20/2006 004069 PAL OFFICE PRODUCTS P\N typewriter maint/repair svcs 264.64 264.64 107023 04/20/2006 003218 PELA Mar plan check svcs: PlanningfTCSD 7,100.00 Feb-Mar Idscp pin ck:W.C.Fire Stn 810.00 Mar Idscp pin ck:SR79S Medians 180.00 8,090.00 107024 04/20/2006 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55 PROGRAM 107025 04/20/2006 009717 PSOMAS 3rd Qtr Admin Svcs: Wolf Creek 2,500.00 3rd Qtr Admin Svcs: Crowne Hill 2,125.00 3rd Qtr Admin Svcs: CFD 88-12 1,500.00 3rd Qtr Admin Svcs: Harveston II 1,375.00 3rd Qtr Admin Svcs:CFD88-12 Sales Tax 1,250.00 8,750.00 107026 04/20/2006 004627 PUBLIC SAFETY TECHNOLOGIES 3 L1DAR units calibration/certif:P.D. 332.75 332.75 INC 107027 04/20/2006 004529 QUAID TEMECULA HARLEY- motorcycle (XX6944) for Tem. Police 13,227.22 DAVIDSON motorcycle (XX2749) forTem. Police 13,227.22 motorcycle (XX7168) for Tem. Police 13,227.22 39,681.66 107028 04/20/2006 000728 RAMSEY BACKFLOW & backflow repairs/testing:Slopes 605.00 PLUMBING backflow repairs/testing: ParkslMedians 429.00 1,034.00 107029 04/20/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 4,612.21 Various Water Meters 122.21 Various Water Meters 69.54 4,803.96 107030 04/20/2006 004483 RECREONICS INC The Lane Line Saver:Aquatics Prgm 331.47 33147 107031 04/20/2006 003742 REHAB FINANCIAL RDA res implY prgm/1 st h.b. loan svcs 750.00 750.00 CORPORATION 107032 04/20/2006 009887 RIFKIN, FRANCES refund: sec deposit/room rental CRC 367.00 367.00 Page:9 apChkLst Final Check List Page: 10 04/20/2006 2:30:58PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107033 04/20/2006 000406 RIVERSIDE CO SHERIFFS DEPT FY 05/06 rate adj. law enforcement 255,996.64 255,996.64 107034 04/20/2006 001365 RIVERSIDE COUNTY OF renew permit: Paloma del Sol Prk 89.00 89.00 107035 04/20/2006 009834 RODECKER, DENISE Support Pmt Account #009000206390 280.00 280.00 107036 04/20/2006 008693 SALAZAR, DONALD (SVVD 000053) Support Payment 283.50 283.50 107037 04/20/2006 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00 107038 04/20/2006 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581095025 12.50 12.50 107039 04/20/2006 009890 SELLAND, SUE refund: Tiny Tots-Terrific 3's 24.00 24.00 107040 04/20/2006 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt LO File #2005033893 620.68 620.68 107041 04/20/2006 004609 SHREDFORCE INC Mar doc.shredding svcs:Rcrds Mgmt 110.00 Mar doc.shredding svcs:Police Storefront 32.50 Apr doc.shredding svcs:CRC 22.50 165.00 107042 04/20/2006 009895 SILVERMAN, PHYLLIS refund: Country Western Dance 36.00 36.00 107043 04/20/2006 000645 SMART & FINAL INC Spring Egg Hunt supplies 4/15/06 2,363.50 recreation supplies: TCSD 110.64 2,474.14 107044 04/20/2006 003002 SMOOTHILL SPORTS Skate Park equipment 423.60 423.60 DISTRIBUTORS 107045 04/20/2006 000537 SO CALIF EDISON Apr 2-01-202-7330 various mtrs 49,685.96 Apr 2-01-202-7603 arterial street lights 18,368.04 Mar 2-00-397-5059 various mtrs 13,087.33 Apr 2-26-887-0789 Harveston Lake 1,498.60 Apr 2-10-331-1353 Fire Stn 84 819.17 Apr 2-25-393-4681 T.E.S. Pool 77716 Apr 2-27-560-0625 DeerhollowWay 17702 84,413.28 107046 04/20/2006 000519 SOUTH COUNTY PEST CONTROL pest control svcs: Code Enf. 84.00 INC pest control svcs: Fire Stn 92 42.00 126.00 107047 04/20/2006 007851 SOUTH COAST HEATING & AIR replace City Hall HVAC blower motor 833.50 833.50 Page:10 apChkLst Final Check List Page: 11 04/20/2006 2:30:58PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107048 04/20/2006 000293 STADIUM PIZZA refreshments:team bldg/C. Museum 38.66 38.66 107049 04/20/2006 006145 STENO SOLUTIONS Mar transcription srvcs: Police 1,866.56 1,866.56 TRANSCRIPTION 107050 04/20/2006 009867 STEWART'S CUSTOM CABINETS deposit:Council conf room storage cabinets 1,500.00 1,500.00 107051 04/20/2006 009893 SWANSON, KIMBERLY refund: Tiny Tots-Fab 4 & 5's 64.00 64.00 107052 04/20/2006 003599 T Y UN INTERNATIONAL Mar inspection svcs:R. Ranch Bridge 11.414.26 11.414.26 107053 04/20/2006 000305 TARGET BANK BUS CARD SRVCS recreation supplies: C. Museum 82.42 Spring Egg Hunt supplies 4/15 43.11 125.53 107054 04/20/2006 009500 TEMEC ELECTRONICS, INC electronic supplies: I.S. Dept 93.28 electrical supplies: C. Museum/Parks 79.44 1 72. 72 107055 04/20/2006 006914 TEMECULA COPIERS INC. Mar copier maintlusage:City Facilities 4,666.67 4,666.67 107056 04/20/2006 000310 TEMECULA CREEK INN INC DepositFacility Rental 12115/07 2,000.00 2,000.00 107057 04/20/2006 003598 TEMECULA VINTAGE SINGERS "Opera for Everyone" theater settlement 1,067.94 1,067.94 107058 04/20/2006 009894 TICKNER, MICHELLE refund: Tiny Tots-Fab 4 & 5's 24.00 24.00 107059 04/20/2006 009436 TOOKE, MICHAEL reimb:Bldg & Safety Week campaign 55.80 55.80 107060 04/20/2006 007433 TOVEY SHULTZ CONSTRUCTION release stop ntc:Saddleback/C.Theater 17,888.72 INC reimb elect/water utility fees:C.Theater 9,015.72 stp ntc:eeANhittaker-Roripaugh Fire Stn -16,512.31 10,392.13 107061 04/20/2006 003031 TRAFFIC CONTROL SERVICE INC traffic control devices:PW Maint 2,693.75 maint supplies for PVV Maint 266.14 maint supplies for PVV Maint 257.20 3,217.09 107062 04/20/2006 004759 TWIN GRAPHICS CityfTem. Police vehicle graphics sets 2,559.06 2,559.06 107063 04/20/2006 004036 US FLAG ETIQUETTE U.S. Flag Advisory Service: City Hall 60.00 60.00 107064 04/20/2006 002702 US POSTAL SERVICE Postage meter deposit 5,647.55 Postage meter deposit 5,094.18 10,741.73 Page:11 apChkLst Final Check List Page: 12 04/20/2006 2:30:58PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107065 04/20/2006 007118 US TELPACIFIC CORPORATION Apr Internet IP Addresses Block 950.51 950.51 107066 04/20/2006 008517 UNITED SITE SERVICES OF 3/30-4/26 fence rental:Main St Bridge 26.40 26.40 CA,INC 107067 04/20/2006 000325 UNITED WAY United Way Charities Payment 222.15 222.15 107068 04/20/2006 003665 VARTEC SOLUTIONS INC Mar long distance phone svcs 3.87 3.87 107069 04/20/2006 004261 VERIZON Apr xxx-5072 general usage 4,598.20 Apr xxx-0073 general usage 220.92 Apr xxx-1473 Police Storefront Stn 77.04 Apr xxx-391 0 1 st St Irrigation 31.66 Apr xxx-5473 Moraga Rd 29.39 Apr xxx-8573 general usage 28.80 4,986.01 107070 04/20/2006 004848 VERIZON SELECT SERVICES INC Apr long distance phone svcs 7.55 7.55 107071 04/20/2006 009900 WALLEN, RUTH "Gallery Talk" leclure:T.Museum 200.00 200.00 107072 04/20/2006 000621 WESTERN RIVERSIDE COUNCIL March '06 TUMF payment 819,783.36 819,783.36 OF 107073 04/20/2006 008402 WESTERN RIVERSIDE COUNTY March '06 MSHCP payment 26,977.00 26,977.00 107074 04/20/2006 009721 WOMEN'S COUNCIL OF sec.depositfTheater rental: 4/12/06 450.00 450.00 REALTORS 107075 04/20/2006 001544 YEAGER SKANSKA INC release retention: Wolf Vly Crk Chnl 209.486.42 209.486.42 107076 04/20/2006 000348 ZIGLER, GAIL reimb:Team PACE easter event 348.82 348.82 Grand total for UNION BANK OF CALIFORNIA: 2,332,339.46 Page:12 apChklst Final Check List Page: 1 04/27/2006 9:05:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 675 04/20/2006 005460 US BANK AD161 lien dischrg escrow deposit 92.452.53 92.452.53 107077 04/27/2006 004765 ACTIVE NETWORK INC, THE Refund:Syndie Spadini:4 Paws Dog Trng 200.00 Refund:Felix Brown:Spanish Academy 200.00 Refund:Madison lane:Parent & Me 70.00 Refund:Silvia Echavarria:Belly Dance 45.00 515.00 107078 04/27/2006 004064 ADELPHIA Apr-May high speed internet svcs RR 46.95 Apr-May high speed internet svcs MN 46.95 93.90 107079 04/27/2006 008698 ADVANCED APPLIED Feb Citywide trffc speed survey svcs 2.475.00 2.475.00 ENGINEERING 107080 04/27/2006 009767 AL TA LOMA CHARTER INC Excursion bus svc:Disneyland 1,052.38 1,052.38 107081 04/27/2006 000747 AMERICAN PLANNING Membership: Carl R. Carey 80.00 80.00 ASSOCIATION 107082 04/27/2006 000936 AMERICAN RED CROSS Lifeguard training supplies:Aquatics 256.00 256.00 107083 04/27/2006 008279 AMERICOMP INFOSYSTEMS INC Adobe Creative Suite Complete Pkg 2,796.11 Computer Supplies:Cisco Firewall 850.15 3,646.26 107084 04/27/2006 003865 ANDYS GLASS Res Imp Prgm: Elder, Cliff & Doris 622.44 Credit Overbilled. Chrg res portion -48.61 573.83 107085 04/27/2006 000101 APPLE ONE INC Temp help PPE 4/8 Kasparian 667 49 Temp help PPE 4/1 Shelton 546.00 1,213.49 107086 04/27/2006 002541 BECKER CONSTRUCTION SRVS Repair P.C.C. curb & gutter:Old Twn 8,865.00 8,865.00 INC 107087 04/27/2006 006690 BEST WESTERN Htl:Fire Prev.3B Trng:Rodriguez 434.50 434.50 107088 04/27/2006 004040 BIG FOOT GRAPHICS EntertainmentFamily Night 4/21/06 200.00 200.00 107089 04/27/2006 004380 BOY SCOUTS OF AMERICA Regist:Distinguished Citizen Event:RR/JC 250.00 250.00 107090 04/27/2006 006908 C C & COMPANY INC Bunny Costume rental: MPSC Event 91.59 91.59 107091 04/27/2006 004248 CALIF DEPT OF JUSTICE- Jul 05 DUI Drug & Alcohol Screening 1,505.00 ACCTING Sept 05 DUI Drug & Alcohol Screening 945.00 2.450.00 Page:1 apChklst Final Check List Page: 2 04/27/2006 9:05:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107092 04/27/2006 004971 CANON FINANCIAL SERVICES, May Copiers lease Pmt:City Facilities 1,908.32 INC May Copiers lease:T.Museum/Frnt Rec. 203.58 May Copiers lease Pmt: Cre/Aquatics 178.86 May Copier lease Pmt: Fire Stn 12 69.96 2,360.72 107093 04/27/2006 008644 CANTRELL, ROGER, AlA, AICP Mar Plan Check Review SVcs 3,404.00 3,404.00 107094 04/27/2006 000387 CAREER TRACK SEMINARS Regist: Business writing:7/25:Cammarota 99.00 99.00 107095 04/27/2006 007558 CARRANZA, FRANK EE computer purchase prgm 1,200.99 1,200.99 107096 04/27/2006 009015 CASH, TIMOTHY L. Entertainment: Parasol Music Festival 750.00 750.00 107097 04/27/2006 003775 CHAPARRAL HIGH SCHOOL FY 05/06 Comm Svc Funding 750.00 750.00 107098 04/27/2006 005417 CINTAS FIRST AID & SAFETY First aid supplies: Sr Center 122.86 First aid supplies:PW mntc crew 102.79 225.65 107099 04/27/2006 009558 CIVIC RESOURCE GROUP, LLC Web site re-design/content mgt sys 10,500.00 10,500.00 107100 04/27/2006 001193 COMP U SA INC Word levels II & III Trng: Planning 1,300.00 Computer supplies:HeadsetslHard Dr 1,01712 Computer supplies: GIS 992.77 3,309.89 107101 04/27/2006 000442 COMPUTER ALERT SYSTEMS alann monitor repairs: City Hall 25.00 25.00 107102 04/27/2006 009920 CRISPIN, RAYMOND Refund: Bluegrass vendor fee 100.00 100.00 107103 04/27/2006 001393 DATA TICKET INC Nov 05 parking citation processing svcs 200.00 200.00 107104 04/27/2006 003945 DIAMOND ENVIRONMENTAL Portable restrooms:Painting Festival 293.89 SRVCS Portable restrooms:Western Days 223.11 Portable restrooms:Bluegrass Festival 131.55 Portable restrooms: Parasol Festival 50.78 699.33 107105 04/27/2006 009918 DICKERSON, STACIE Refund: Pablito's Spanish Academy 200.00 200.00 107106 04/27/2006 009866 DIRECTORY & MAPS USA INC Tourism Council 1/2 pg Visitor Guide Ad 1,495.00 1,495.00 Page2 apChkLst Final Check List Page: 3 04/27/2006 9:05:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107107 04/27/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PVV Mntc 1,506.70 INC Fuel for City vehicles:TCSD 1,504.03 Fuel for City vehicles:PVV/Eng 539.47 Fuel for City vehicles:Bldg & Safety 378.40 Fuel for City vehicles:Police/Planning 337.04 Fuel for City vehicles: Code Enforce 104.31 Fuel for City vehicles: CIP 86.71 Fuel for City vehicles:City VanfTrlblzr 64.53 Fuel for City vehicles: Trffc 35.54 4,556.73 107108 04/27/2006 002528 EAGLE GRAPHIC CREATIONS Police Dept sign construction 2,571.96 INC Credit: chgd sales tax on labor -77.50 2.494.46 107109 04/27/2006 007319 EAGLE ROAD SERVICE & TIRE Emergency backhoe tire repair. PW 11743 11743 INC 107110 04/27/2006 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 22.93 22.93 DIST 107111 04/27/2006 000395 ECONOMIC DEVELOPMENT Regist:EDC Otrly Mtg:AAlGY/JO 105.00 105.00 CORP 107112 04/27/2006 000164 ESGIL CORPORATION Mntc Fac Expansion plan check fees 5,051.21 Wolf Crk Fire Stn Plan Check Fees 2,510.50 7,561.71 107113 04/27/2006 001056 EXCEL LANDSCAPE Mar Idscp impr: Irrigation repairs 1.498.82 Mar Idscp impr: Irrigation repairs 1,213.11 Mar Idscp impr: Irrigation repairs 563.87 Mar Idscp impr: Irrigation repairs 501.09 Mar Idscp impr: Irrigation repairs 470.58 Mar Idscp impr: Irrigation repairs 397.35 Mar Idscp impr: Irrigation repairs 9747 Credit: Billed the wrong city. -23.62 Credit: Ovrchged Labor hours -35.00 4,683.67 107114 04/27/2006 000165 FEDERALEXPRESSINC Mar 21-Apr 7 Express mail services 223.81 Mar 28-Apr 4 Express mail services 101.46 325.27 107115 04/27/2006 000206 FEDEX KINKOS INC Central Svcs supplies: Card Stk 43.82 43.82 107116 04/27/2006 007274 FORGE, THE Refreshments: EE Otrly Luncheon 3,513.47 3,513.47 107117 04/27/2006 008416 FRONTBRIDGE TECHNOLOGIES April Citywide E-mail Spam Filtering 287.50 287.50 INC 107118 04/27/2006 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 232.74 232.74 Page:3 apChkLst Final Check List Page: 4 04/27/2006 9:05:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107119 04/27/2006 004514 G T S I CORP Roripaugh Fire Stn notebook computer 6,910.60 6,910.60 107120 04/27/2006 005405 GILLILAND, ROBIN Airiare:C.Museum Cf:Boston:4/23-26 502.10 502.10 107121 04/27/2006 003342 HABITAT FOR HUMANITY Donation in Brent Eskildsen memory 250.00 250.00 107122 04/27/2006 005199 HAZEN, DON Reimb:Planner's Institute Cf:3/22-24 209.21 209.21 107123 04/27/2006 001135 HEAL THPOINTE MEDICAL Mar 06 Pre-employment physicals 170.00 170.00 GROUP INC 107124 04/27/2006 004811 HEWLETT PACKARD 10- H P Desktop Com puters 12,891.48 2- Hp Compaq Notebook Computers 3,017.92 3 - HP All in One Printers 2,084.96 1-Hp Laserjet 1320 & 3-Ethernet Ps 790.88 Next Day Freight Charges 789.00 Hp Procurve Switch:Police Storefront 434.23 Computer supplies:Carrying Case 49.57 20,058.04 107125 04/27/2006 003198 HOME DEPOT, THE Hardware supplies:Old Town 62.50 62.50 107126 04/27/2006 001517 HORIZON HEALTH Apr 06 EE Assistance prgm 803.70 803.70 107127 04/27/2006 003624 HOWELL, ANN MARIE Redesign tourism rack brochure layout 493.05 Design Hanging Banner 300.00 793.05 107128 04/27/2006 009916 HUMPHREYS HALF MOON INN Htl: ESRI Ann'l Cf:DeGange:B/7-B/06 364.82 364.82 107129 04/27/2006 000193 leMA Membership: S. Nelson 265746 1,400.00 Membership: J. O'Grady 163374 1,314.00 Membership: A.Adams 424776 125.00 2,839.00 107130 04/27/2006 009906 I 0 LIGHTING LLC LED lights for Veterans Memorial 265.00 265.00 107131 04/27/2006 009917 IVERSON, PATTI M. Refund: Security Depst: CRC 150.00 150.00 107132 04/27/2006 004884 J & W REDWOOD LUMBER CO Old Town repair materials & lumber 32.17 32.17 INC 107133 04/27/2006 000820 K R W & ASSOCIATES Feb-Mar Engineering Plan Check 4,550.00 4,550.00 107134 04/27/2006 004985 K WON INC Res Imp Prgm: Wolff, Joyce 2,800.00 2,800.00 Page:4 apChklst Final Check List Page: 5 04/27/2006 9:05:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107135 04/27/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 4/16 Wedeking 507.50 507.50 107136 04/27/2006 009919 KIMES, TINA Refund: Security Depst: Reagan Sprt Prk 150.00 150.00 107137 04/27/2006 004546 KING, JIM EntertainmentParasol music festival 1,000.00 Parasol music festival sound system 750.00 1,750.00 107138 04/27/2006 003631 KLEIN FELDER INC Mar Geotechnical: Field Oper Ctr 1,484.00 1,484.00 107139 04/27/2006 001085 L N CURTIS & SONS Paramedic Medical Supplies 78,43 78,43 107140 04/27/2006 007188 LAERDAL MEDICAL CORP AED training books & supplies:Fire 241.98 AED training books & supplies:Fire 86.20 328.18 107141 04/27/2006 009829 LESHOCK, GINNY Refund: Security Depst: CRC 100.00 100.00 107142 04/27/2006 004905 LIEBERT, CASSIDY & WHITMORE Mar HR legal svcs for TE06G-#001 234.00 234.00 107143 04/27/2006 003054 LYNDE ORDWAY Pouch laminator supplies:Central svcs 337.67 Folding Machine Mntc Contract 275.00 612.67 107144 04/27/2006 004772 MAACO AUTO PAINTING & City Vehicle Repairs: Tcsd 4,200.00 4,200.00 BODYWORK 107145 04/27/2006 003782 MAIN STREET SIGNS traf. signs/supplies: PVV 428.85 6 "no trespassing" signs: TCSD 116.37 545.22 107146 04/27/2006 000394 MAINTENANCE MSA Trade Show:PVV Maint 5/25 100.00 100.00 SUPERINTENDENTS 107147 04/27/2006 001967 MANPOWER TEMPORARY temp help w/e 04/09 JD/JH/DH 2,804.32 SERVICES temp help w/e 04/16 Hoof/Dankworth 1,313.24 4,117.56 107148 04/27/2006 004803 MAPLOGIC CORPORATION ArcGIS software user licenses 6,495.00 6,495.00 107149 04/27/2006 004307 MARINE BIOCHEMISTS Apr maint:Harveston lake/Duck Pond 4,855.00 4,855.00 107150 04/27/2006 001256 MARRIOTT HOTEL Htl:ESRI Conf-K. Beal #80623813 197.86 197.86 107151 04/27/2006 000944 MCCAIN TRAFFIC SUPPLY INC Citywide traf.sgnl inter-connect 19,719.53 19,719.53 107152 04/27/2006 009910 MCDANIEL, JULIE refund: Mommy & Baby Yoga 45.00 45.00 PageS apChkLst Final Check List Page: 6 04/27/2006 9:05:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107153 04/27/2006 009889 MCGILL, CHERYL refund:Oil/AcrylicN\ltrcolor Painting 173.00 173.00 107154 04/27/2006 006571 MELODY'S AD WORKS reimb expenses:var Old Town events 191.60 191.60 107155 04/27/2006 004208 MILANOS rirshmnts: 2006 Volunteer Recognition 1,496.00 1,496.00 107156 04/27/2006 008091 MILLMORE'S WAX CREW City vehicle detailing svcs:PVV Depts 100.00 City vehicle detailing svcs: TCSD 25.00 125.00 107157 04/27/2006 004002 MILNER SIGNS 3 signs for H.R.lCity Hall 224.66 224.66 107158 04/27/2006 001384 MINUTEMAN PRESS qty 2000 envelopes: RDA 323.08 323.08 107159 04/27/2006 001892 MOBILE MODULAR Apr modular bldg rental:Fire Stn 92 832,40 832,40 107160 04/27/2006 000883 MONTELEONE EXCAVATING svc Ivl "R" dirt road grading svcs 1,620.00 1,620.00 107161 04/27/2006 009586 MONTEREY PENINSULA registr:Fire Prev.3B C.Rodriguez 52.00 52.00 COLLEGE 107162 04/27/2006 004586 MOORE FENCE COMPANY Res ImplY Prgm: Lillie, John and Cherie 3,251.00 3,251.00 107163 04/27/2006 009915 MOUNTAINVIEW COMMUNITY refund:sec depositlMarg Comm Prk 150.00 150.00 CHURCH 107164 04/27/2006 006146 MT SAN JACINTO COMMUNITY Painted Parasol entertainment 4/22 300.00 300.00 107165 04/27/2006 009337 NOLTE ASSOCIATES INC billing correction/inV# 6070026 45.00 45.00 107166 04/27/2006 009570 o C B REPROGRAPHICS Dup. Blueprints:Pauba Rd ImplY 48,49 48,49 107167 04/27/2006 003964 OFFICE DEPOT BUSINESS SVS office supplies: Police Storefront 164.14 DIV office supplies: Records Mgmt 155.14 returned items: Records Mgmt -155.14 164.14 107168 04/27/2006 006721 OFFICEMAX - A BOISE COMPANY desk modifications for Fire Prev 1,690.08 office supplies: Finance 741 returned items: Finance -47.28 1,650.21 107169 04/27/2006 008548 ORANGE CO PERFORMING ARTS assembly/wrkshp: RG/RSlM R 30.00 30.00 CTR Page:6 apChklst Final Check List Page: 7 04/27/2006 9:05:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107170 04/27/2006 009914 PAINO, JENNIFER refund: sec deposit/CRC 400.00 400.00 107171 04/27/2006 003955 PANE CONSULTING SERVICE new staff mbrs team shirts: Planning 82.62 82.62 (peS) 107172 04/27/2006 006073 PAPP, EMERY reimb:'06 Planners Institute 3/22-24 250.92 250.92 107173 04/27/2006 002099 PASCOE MANAGEMENT LLP Nov-Feb Old Town restroom rental 3,304.00 3,304.00 107174 04/27/2006 003218 PELA Mar plan check svcs: Planning 15,855.00 Mar Idscp inspection: Field Ops Ctr 742.50 16,597.50 107175 04/27/2006 000249 PETTY CASH Petty Cash Reimbursement 743.29 743.29 107176 04/27/2006 008856 PROFIT SYSTEMS, INC. On-line training for Eventpro Prgm 460.00 460.00 107177 04/27/2006 009525 PROVIDENCE ORTHODOX Refund: Sec. DepositfTCC 150.00 150.00 107178 04/27/2006 006070 PRUHSMEIER, CATHERINE refund: Teen Excur-Magic Mnt 30.00 30.00 107179 04/27/2006 009818 R K ENGINEERING GROUP INC Mar consult svcs:Tem. Civic Ctr 3,261.73 3,261.73 107180 04/27/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 4,173.38 Apr 01-08-92010-0 P.B.Sprts Cmplx 698.19 Apr 01-04-47210-0 T.E.S. Pool 156.49 Various Water Meters 147.89 Apr 01-04-10033-2 Margarita Rd 49.31 5,225.26 107181 04/27/2006 004584 REGENCY LIGHTING electrical supplies: C. Museum 305.93 electrical supplies:Harveston lake 208.65 electrical supplies: CRC 62.50 577.08 107182 04/27/2006 002907 REINHART FONTES ASSOCIATES real estate appraisal svcs: Old Town 3,800.00 3,800.00 INC 107183 04/27/2006 004498 REPUBLIC ELECTRIC Mar on-call trafsgnl maint svcs: P\N 2,502.37 P\N on-call traf sgnl maint svcs 4/11 700.00 3,202.37 107184 04/27/2006 007402 RICHARD BRADY & ASSOCIATES 2/26-4/1 prof svcs:Field Ops Ctr 8,082.00 8,082.00 107185 04/27/2006 002412 RICHARDS WATSON & GERSHON Feb 2006 legal services 75.407.38 75.407.38 Page:? apChkLst Final Check List Page: 8 04/27/2006 9:05:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107186 04/27/2006 006483 RICHARDS, TYREOSHA I. TCSD Instructor Eamings 126.00 TCSD Instructor Eamings 49.00 175.00 107187 04/27/2006 000353 RIVERSIDE CO AUDITOR Mar '06 parking citation assessments 2,650.00 2,650.00 107188 04/27/2006 001365 RIVERSIDE COUNTY OF renew permit: Maint Fac 518.00 518.00 107189 04/27/2006 003587 RIZZO CONSTRUCTION INC McLaughlin Bldg security implY. 3,012.00 replace broken postlMcLaughlin Bldg 180.00 3,192.00 107190 04/27/2006 005119 ROCKHURST UNIV CONTINUING Personnel Essentials:S.Cammarota 5/30 249.00 249.00 EDUC 107191 04/27/2006 003001 ROSS FENCE INC. Res ImplY Prgm: Portillo, Daniel 998.00 998.00 107192 04/27/2006 009898 RUSSELL, TERESA Painted Parasol entertainment 4/22 750.00 750.00 107193 04/27/2006 009911 SABA, PAUL reimb:PALS certification 155.00 155.00 107194 04/27/2006 005329 SAFE ALTERNATIVE FOR L.E.Storm Community Night proceeds 142.00 142.00 EVERYONE 107195 04/27/2006 008515 SAM DE FAZIO'S GOODTIME entertainment: MPSC dance 4/28 400.00 400.00 BAND 107196 04/27/2006 009621 SCOTTSDALE COMMERCE LLC May off-site City storage:Rcrds Mgmt 1,000.00 1,000.00 107197 04/27/2006 008779 SCREENMOBILE Res ImplY Prgm: Wolff, Joyce 458.03 458.03 107198 04/27/2006 009913 SMITH, WILLIAM refund: Pablito's Spanish Academy 150.00 150.00 107199 04/27/2006 000537 SO CALIF EDISON Mar 2-19-999-9442 various mtrs 1,348.92 Apr 2-23-365-5992 Fire Stn 92 323.74 Apr 2-27-632-3565 C.Piedra Raja 48.78 1,72144 107200 04/27/2006 007851 SOUTH COAST HEATING & AIR HVAC troubleshooting: GIS offices 192.50 192.50 107201 04/27/2006 009922 SPEHAR TEMECULA CENTER, LP refund:shell mods pin ck fees 5,104.81 5,104.81 107202 04/27/2006 005786 SPRINT Apr Acct Level Chrgs 32.35 32.35 Page:8 apChkLst Final Check List Page: 9 04/27/2006 9:05:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 107203 04/27/2006 004570 STEPHEN G WHITE, MAl CFO 01-2 Harveston Appraisal Svcs 32,000.00 32,000.00 107204 04/27/2006 004247 STERICYCLE INC Mar waste disposal svcs:Paramedics 116.64 116.64 107205 04/27/2006 003840 STRONGS PAINTING Refinish front/side doors:Wed.Chpl 450.00 450.00 107206 04/27/2006 003449 THE SOILS COMPANY INC site assessment: 41910 Main street 1,650.00 1,650.00 107207 04/27/2006 000307 TEMECULA TROPHY COMPANY namebadge: C.Carey 9.64 9.64 107208 04/27/2006 007668 TOM HENDERSON STUDIO City business brochure photos/svcs 2,499.80 2,499.80 107209 04/27/2006 000459 TUMBLE JUNGLE FITNESS GYM TCSO Instructor Eamings 315.00 315.00 INC 107210 04/27/2006 004368 VAll COOPER & ASSOCIATES Martemp svcs: G.Berg/O.Franco 19,649.02 19,649.02 INC 107211 04/27/2006 004794 VALLEY WINDS COMMUNITY Painted Parasol entertainment 4/22 150.00 150.00 BAND 107212 04/27/2006 004261 VERIZON Apr xxx-0074 general usage 255.66 Apr xxx-3564 alarm 5710 Apr xxx-5275 Tem. PO OSL 29.50 Apr xxx-3984 M. Naggar 28.53 Apr xxx-6084 general usage 2747 398.26 107213 04/27/2006 004848 VERIZON SELECT SERVICES INC Apr long distance phone svcs 850.69 850.69 107214 04/27/2006 009921 WASHINGTON, CHUCK reimb:SCAG Housing Summit 4/19 146.80 146.80 107215 04/27/2006 003730 WEST COAST ARBORISTS INC 3/16-31/06 Citywide Tree Maint Svcs 8,918.00 4/1-15/06 Citywide Tree Maint SVcs 1,647.00 10,565.00 107216 04/27/2006 009378 WESTERN RIM CONTRACTORS Mar prgs 00: Field Ops Ctr PW03-06 87,928.11 87,928.11 INC 107217 04/27/2006 003776 ZOLL MEDICAL CORPORATION Paramedic medical supplies 232.74 232.74 Grand total for UNION BANK OF CALIFORNIA: 557,294.49 Page:9 I~-- . , II ITEM NO.3 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V 1J!2- Cf CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: May 09,2006 SUBJECT: City Treasurer's Report as of March 31, 2006 PREPARED BY: Karin A. Grance, Revenue Manager Shannon Buckley, Accountant RECOMMENDATION: March 31,2006. That the City Council receive and file the City Treasurer's Report as of BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of March 31, 2006. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of March 31, 2006 City of Temecula, California Portfolio Management Portfolio Summary March 31, 2006 City ctTemecula 43200 6usiness Park D-rve PO 60x9033 Temecula, CA, 92590 (951)694-6430 Reporting period 03/01/2006-0313112006 Portfolio TEME CP PM (PRF_PM1)SyrnRer<6.4U02a ReportVer.5.00 RunDate:04!27!2006-16:51 City of Temecula, California Portfolio Management Page 2 Portfolio Details - Investments March 31, 2006 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts SYSCFD 03-04-1 AD 03-04-1 First American Treasury 17,449.74 17,449.74 17,449.74 4.090 4.034 4.090 SYSCFD 03-04-2 AD 03-04-2 First American Treasury 15,831.96 15,831.96 15,831.96 4.090 4.034 4.090 SYSCFD 03-04-3 AD 03-04-3 First American Treasury 100,729.76 100,729.76 100,729.76 4.090 4.034 4.090 SYSCFD 03-04-5 AD 03-04-5 First American Treasury 09/01/2005 1,764.00 1,764.00 1,764.00 4.090 4.034 4.090 SYSCFD 01-2-1 CFD 01-2-1 First American Treasury 584,577.43 584,577.43 584,577.43 4.090 4.034 4.090 SYSCFD 01-2-2 CFD 01-2-2 First American Treasury 283,643.16 283,643.16 283,643.16 4.090 4.034 4.090 SYSCFD 01-2-3 CFD 01-2-3 First American Treasury 7,828.19 7,828.19 7,828.19 4.090 4.034 4.090 SYSCFD 01-2-4 CFD 01-2-4 First American Treasury 136,236.70 136,236.70 136,236.70 4.090 4.034 4.090 SYSCFD 01-2-5 CFD 01-2-5 First American Treasury 2,892,450.33 2,892,450.33 2,892,450.33 4.090 4.034 4.090 SYSCFD 01-2-9 CFD 01-2-9 First American Treasury 03/29/2006 605,850.00 605,850.00 605,850.00 4.090 4.034 4.090 SYSCFD 03-1-1 CFD 03-03-1 First American Treasury 910,034.65 910,034.65 910,034.65 4.090 4.034 4.090 SYSCFD 03-03-11 CFD 03-03-11 First American Treasury 10,315.67 10,315.67 10,315.67 1.090 1.075 1.090 SYSCFD 03-03-2 CFD 03-03-2 First American Treasury 107.13 107.13 107.13 4.090 4.034 4.090 SYSCFD 03-03-3 CFD 03-03-3 First American Treasury 17.08 17.08 17.08 4.090 4.034 4.090 SYSCFD 03-03-6 CFD 03-03-6 First American Treasury 0.02 0.02 0.02 4.090 4.034 4.090 SYSCFD 03-03-6 CFD 03-03-7 First American Treasury 830.61 830.61 830.61 4.090 4.034 4.090 SYSCFD 03-03-9 CFD 03-03-9 First American Treasury 3,060.44 3,060.44 3,060.44 4.090 4.034 4.090 SYSCFD 03-06-0 CFD 03-06-0 First American Treasury 01/01/2006 67,254.41 67,254.41 67,254.41 4.090 4.034 4.090 SYSCFD 03-06-1 CFD 03-06-1 First American Treasury 3,162.05 3,162.05 3,162.05 4.090 4.034 4.090 SYSCFD 03-06-2 CFD 03-06-2 First American Treasury 349,980.84 349,980.84 349,980.84 4.090 4.034 4.090 SYSCFD 03-06-3 CFD 03-06-3 First American Treasury 15,635.71 15,635.71 15,635.71 4.090 4.034 4.090 SYSCFD 03-1-1 CFD 03-1-1 First American Treasury 185,291.67 185,291.67 185,291.67 4.090 4.034 4.090 SYSCFD 03-1-10 CFD 03-1-10 First American Treasury 955.86 955.86 955.86 4.090 4.034 4.090 SYSCFD 03-1-13 CFD 03-1-13 First American Treasury 08/31/2005 0.00 0.00 0.00 3.860 3.807 3.860 SYSCFD 03-1-16 CFD 03-1-16 First American Treasury 08/31/2005 226,885.93 226,885.93 226,885.93 4.090 4.034 4.090 SYSCFD 03-1-2 CFD 03-1-2 First American Treasury 83.00 83.00 83.00 4.080 4.024 4.080 SYSCFD 03-1-21 CFD 03-1-21 First American Treasury 08/31/2005 13,760.04 13,760.04 13,760.04 4.090 4.034 4.090 SYSCFD 03-1-3 CFD 03-1-3 First American Treasury 0.00 0.00 0.00 3.340 3.294 3.340 SYSCFD 03-1-5 CFD 03-1-5 First American Treasury 4.28 4.28 4.28 4.210 4.152 4.210 SYSCFD 03-1-6 CFD 03-1-6 First American Treasury 764.85 764.85 764.85 4.090 4.034 4.090 SYSCFD 03-1-8 CFD 03-1-8 First American Treasury 524,815.62 524,815.62 524,815.62 4.090 4.034 4.090 SYSCFD 88-12-1 CFD 88-12-1 First American Treasury 328.94 328.94 328.94 4.090 4.034 4.090 SYSCFD 88-12-3 CFD 88-12-3 First American Treasury 711,978.46 711,978.46 711,978.46 4.090 4.034 4.090 SYSCFD 88-12-5 CFD 88-12-5 First American Treasury 2.15 2.15 2.15 4.190 4.133 4.190 SYSRDA TABS-1 RDA TABs-1 First American Treasury 150.21 150.21 150.21 4.090 4.034 4.090 SYSRDA TABS-3 RDA TABs-3 First American Treasury 0.00 0.00 0.00 2.300 2.268 2.300 SYSTCSD COPS-1 TCSD COPs-1 First American Treasury 124,975.90 124,975.90 124,975.90 4.090 4.034 4.090 SYSTCSD COPS-2 TCSD COPs-2 First American Treasury 2.96 2.96 2.96 4.090 4.034 4.090 Portfolio TEME CP Run Date 04/27/2006-1651 PM (PRF _PM2) SymRept 6.41.202a ReportVer.5.00 City of Temecula, California Portfolio Management Page 3 Portfolio Details - Investments March 31, 2006 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts SYSRDA TABS-2 RDA TABs-2 MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 --- Subtotal and Average 7,726,175.87 7,796,760.75 7,796,760.75 7,796,760.75 4.030 4.086 Local Agency Investment Funds SYSCFD 03-03-10 CFD 03-03-10 CA Local Agency Investment Fun 3,790,505.10 3,790,505.10 3,790,505.10 4.142 4.085 4.142 SYSCFD 03-03-12 CFD 03-03-12 CA Local Agency Investment Fun 10,356,313.00 10,356,313.00 10,356,313.00 4.142 4.085 4.142 SYSCFD 03-03-4 CFD 03-03-4 CA Local Agency Investment Fun 12.68 12.68 12.68 4.142 4.085 4.142 SYSCFD 03-03-8 CFD 03-03-8 CA Local Agency Investment Fun 4,453,986.44 4,453,986.44 4,453,986.44 4.142 4.085 4.142 SYSCFD 03-06-4 CFD 03-06-4 CA Local Agency Investment Fun 02/08/2006 3,938,000.00 3,938,000.00 3,938,000.00 4.142 4.085 4.142 SYSCFD 03-1-11 CFD 03-1-11 CA Local Agency Investment Fun 1,327,322.59 1,327,322.59 1,327,322.59 4.142 4.085 4.142 SYSCFD 03-1-22 CFD 03-1-22 CA Local Agency Investment Fun 02/08/2006 3,376,000.00 3,376,000.00 3,376,000.00 4.142 4.085 4.142 SYSCFD 03-1-7 CFD 03-1-7 CA Local Agency Investment Fun 992,096.81 992,096.81 992,096.81 4.142 4.085 4.142 SYSCFD 03-1-9 CFD 03-1-9 CA Local Agency Investment Fun 6,161.65 6,161.65 6,161.65 4.142 4.085 4.142 SYSCITY CITY CA Local Agency Investment Fun 26,141,641.88 26,078,704.83 26,141,641.88 4.142 4.085 4.142 SYSRDA RDA CA Local Agency Investment Fun 2,015,367.43 2,010,515.36 2,015,367.43 4.142 4.085 4.142 SYSRDA TABS-4 RDA TABs-4 CA Local Agency Investment Fun 0.00 0.00 0.00 2.967 2.926 2.967 SYSTCSD TCSD CA Local Agency Investment Fun 1,708,276.42 1,704,163.68 1,708,276.42 4.142 4.085 4.142 SYSTCSD COPS-3 TCSD COPs-3 CA Local Agency Investment Fun 0.00 0.00 0.00 3.324 3.278 3.324 --- Subtotal and Average 59,519,393.68 58,105,684.00 58,033,782.14 58,105,684.00 4.085 4.142 Federal Agency Callable Securities 31339YGQ9 01004 Federal Home Loan Bank 07/24/2003 1,000,000.00 991,560.00 1,000,000.00 2.250 2.219 2.250 114 07/24/2006 31339YXP2 01005 Federal Home Loan Bank 08/14/2003 2,000,000.00 1,981,880.00 2,000,000.00 2.500 2.466 2.500 135 08114/2006 3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 2,948,984.00 3,050,000.00 3.100 3.058 3.101 647 01/08/2008 3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,862,144.15 2,965,000.00 3.000 2.960 3.001 646 01/07/2008 3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,896,890.00 3,000,000.00 3.000 2.960 3.001 636 12/28/2007 3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 965,630.00 1,000,000.00 3.000 2.960 3.001 636 12/28/2007 3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 967,500.00 1,000,000.00 3.150 3.108 3.151 653 01/14/2008 3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,931,880.00 2,000,000.00 3.070 3.029 3.071 654 01/15/2008 3133X5K49 01020 Federal Home Loan Bank 04/16/2004 1,000,000.00 966,880.00 1,000,000.00 3.125 3.083 3.126 655 01/16/2008 3133X5QF8 01021 Federal Home Loan Bank 04/22/2004 2,000,000.00 1,928,760.00 2,000,000.00 3.000 2.960 3.001 661 01/22/2008 3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,946,260.00 2,000,000.00 3.520 3.473 3.521 669 01/30/2008 3133XAY84 01026 Federal Home Loan Bank 03/23/2005 1,000,000.00 987,810.00 999,750.00 3.850 3.810 3.863 356 03123/2007 3133XAZ91 01027 Federal Home Loan Bank 03/28/2005 1,000,000.00 990,310.00 999,750.00 3.785 3.750 3.802 271 12/28/2006 3133XBY66 01029 Federal Home Loan Bank 06/15/2005 2,000,000.00 1,984,380.00 2,000,000.00 4.000 3.781 3.833 258 12/15/2006 3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,962,500.00 2,997,360.00 4.250 4.238 4.296 494 08108/2007 3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 950,102.40 960,000.00 4.380 4.320 4.380 531 09/14/2007 3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,964,390.00 2,998,125.00 4.375 4.347 4.407 629 12/21/2007 Portfolio TEME CP Run Date 04/27/2006-1651 PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Page 4 Portfolio Details - Investments March 31, 2006 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3133XD3Q2 01035 Federal Home Loan Bank 09/28/2005 620,000.00 613,607.80 620,000.00 4.400 4.340 4.400 545 09/2812007 3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,975,000.00 2,000,000.00 4.500 4.438 4.500 727 03/2812008 3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 985,630.00 1,000,000.00 4.230 4.174 4.232 636 12/2812007 3133XD6D8 01039 Federal Home Loan Bank 09/29/2005 1,000,000.00 988,440.00 1,000,000.00 4.140 4.086 4.143 454 06/2912007 3133XDA84 01040 Federal Home Loan Bank 09/28/2005 1,000,000.00 993,130.00 1,000,000.00 4.200 4.147 4.204 271 12/28/2006 3133XDAB7 01041 Federal Home Loan Bank 09/29/2005 1,000,000.00 992,810.00 1,000,000.00 4.120 4.068 4.124 272 12/29/2006 3133XDBWO 01043 Federal Home Loan Bank 10/12/2005 1,000,000.00 994,380.00 1,000,000.00 4.050 3.995 4.050 194 10/12/2006 3133XDBQ3 01044 Federal Home Loan Bank 10/14/2005 1,000,000.00 993,130.00 1,000,000.00 4.250 4.196 4.255 294 01/10/2007 3133XDBX8 01045 Federal Home Loan Bank 10/12/2005 1,000,000.00 992,500.00 1,000,000.00 4.150 4.097 4.154 286 01/12/2007 3133XDB67 01046 Federal Home Loan Bank 10/12/2005 1,000,000.00 990,310.00 999,375.00 4.150 4.136 4.193 376 04/12/2007 3133XDKQ3 01047 Federal Home Loan Bank 11/09/2005 1,000,000.00 994,690.00 1,000,000.00 4.500 4.443 4.505 314 02/09/2007 3133XEG94 01053 Federal Home Loan Bank 01/26/2006 1,000,000.00 996,560.00 1,000,000.00 4.750 4.685 4.750 300 01/26/2007 3128XILW5 01002 Federal Home Loan Mtg Corp 06130/2003 1,000,000.00 992,800.00 1,000,000.00 2.000 1.973 2.000 90 06130/2006 3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 982,510.00 998,000.00 3.750 3.784 3.837 489 08103/2007 3128X36R9 01030 Federal Home Loan Mtg Corp OS/24/2005 1,000,000.00 983,430.00 1,000,000.00 4.050 3.993 4.048 541 09/24/2007 3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 989,250.00 1,000,000.00 4.375 4.315 4.375 565 10/18/2007 3136F6M63 01028 Federal National Mtg Assn 04/05/2005 1,000,000.00 989,060.00 1,000,000.00 4.000 3.945 4.000 369 04/05/2007 --- Subtotal and Average 49,587,360.00 49,595,000.00 48,675,098.35 49,587,360.00 3.606 3.656 491 Federal Agency Bullet Securities 31331 SYN7 01031 Federal Farm Credit Bank 06/01/2005 1,000,000.00 985,310.00 1,000,000.00 3.820 3.768 3.820 426 06101/2007 31331 S5Y5 01037 Federal Farm Credit Bank 09/16/2005 1,000,000.00 988,750.00 1,000,000.00 4.000 3.947 4.002 380 04/16/2007 3133XDLW9 01048 Federal Home Loan Bank 11/10/2005 2,000,000.00 1,998,120.00 2,000,000.00 4.200 4.142 4.200 39 05110/2006 3133XDMX6 01049 Federal Home Loan Bank 11/15/2005 2,000,000.00 1,998,120.00 2,000,000.00 4.250 4.192 4.250 44 05115/2006 3133XE2VO 01050 Federal Home Loan Bank 12/29/2005 1,000,000.00 997,190.00 1,000,000.00 4.625 4.562 4.625 181 09/29/2006 3133XE5U9 01051 Federal Home Loan Bank 12130/2005 1,000,000.00 998,750.00 1,000,000.00 4.500 4.438 4.500 90 06130/2006 3133XE7H6 01052 Federal Home Loan Bank 12/29/2005 1,000,000.00 997,500.00 1,000,000.00 4.650 4.586 4.650 181 09/29/2006 --- Subtotal and Average 9,000,000.00 9,000,000.00 8,963,740.00 9,000,000.00 4.219 4.277 158 Investment Contracts SYSCFD 03-1-4 CFD 03-1-4 American International Group M 04/28/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 10,014 08131/2033 SYSCFD 03-03-5 CFD 03-03-5 IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 10,379 08131/2034 SYSCFD 88-12-2 CFD 88-12-2 IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.499 5.575 4,171 09/01/2017 SYSCFD 88-12-4 CFD 88-12-4 IXIS Funding Corp 07/24/1998 1,531,468.76 1,531,468.76 1,531,468.76 5.430 5.509 5.585 4,171 09/01/2017 --- Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.288 4.348 7,828 Run Date 04/27/2006-1651 Portfolio TEME CP PM (PRF _PM2) SymRept 6.41.202a CUSIP Investment # Issuer Average Balance City of Temecula, California Portfolio Management Portfolio Details - Investments March 31, 2006 Purchase Date Par Value Market Value Stated Book Value Rate Page 5 YTM 360 YTM Days to 365 Maturity 506 Run Date 04/27/2006-1651 Total and Average 134,298,714.12 129,563,933.51 128,535,870.00 129,556,293.51 3.916 3.970 Portfolio TEME CP PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Cash March 31, 2006 Page 6 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSRJ NOBLE RJ NOBLE Bank of Sacramento 0.00 0.00 0.00 1.250 1.233 1.250 SYSBARNHART1 BARNHART 1 California Bank & Trust 1,166,277.67 1,166,277.67 1,166,277.67 2.400 2.367 2.400 SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 08/04/2005 455,715.04 455,715.04 455,715.04 1.250 1.233 1.250 SYSRIV CONST 1 RIV CONST 1 Community National Bank 152,439.13 152,439.13 152,439.13 2.800 2.762 2.800 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2005 1,700.00 1,700.00 1,700.00 0.000 0.000 SYSFlex Ck Acct Flex Ck Acct Union Bank of California 07/01/2005 1,075.60 1,075.60 1,075.60 0.000 0.000 SYSGen Ck Acct Gen CkAcct Union Bank of California 07/01/2005 2,789,043.89 2,789,043.89 2,789,043.89 0.000 0.000 OLD TOWN CK ACC OLD TO\NN CHK Union Bank of California 01/01/2006 30,830.29 30,830.29 30,830.29 0.000 0.000 SYSParking Ck Parking Ck Union Bank of California 07/01/2005 9,578.25 9,578.25 9,578.25 0.000 0.000 Average Balance 0.00 Total Cash and Investmentss 134,298,714.12 134,170,593.38 133,142,529.87 134,162,953.38 3.916 3.970 506 Run Date 04/27/2006-1651 Portfolio TEME CP PM (PRF _PM2) SymRept 6.41.202a Cash and Investments Report CITY OF TEMECULA Through March 2006 Fund Total 001 GENERAL FUND $ 41,146,893.01 100 STATE GAS TAX FUND 242.96 101 STATE TRANSPORTATION FUND 187,379.85 120 DEVELOPMENT IMPACT FUND 9,161,258.07 150 AB 2766 FUND 312,672.73 165 RDA DEV LOW/MOD 20% SET ASIDE 11,217,459.72 170 MEASURE A FUND 5,107,420.60 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,165,313.09 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 63,243.99 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 2,146.60 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 64,385.49 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 30,217.97 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 353,056.34 210 CAPITAL IMPROVEMENT PROJECT FUND 15,594,754.89 271 CFD 01-2 HARVESTON IMPROVEMENT FUND 2,905,344.52 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 6,241,877.42 274 AD 03-4 JOHN WARNER IMPROVEMENT FUND 71,211.41 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 18,615,Oll.26 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 3,953,635.71 280 REDEVELOPMENT AGENCY - CIP PROJECT 2,156,139.08 300 INSURANCE FUND 1,175,251.91 310 VEHICLES FUND 577,755.38 320 INFORMATION SYSTEMS 660,658.72 330 SUPPORT SERVICES 188,899.62 340 FACILITIES 46,157.70 380 RDA 2002 TABS DEBT SERVICE 1,605,196.61 390 TCSD 2001 COP'S DEBT SERVICE 131,748.46 460 CFD 88-12 DEBT SERVICE FUND 3,572,182.65 470 CFD 01-2 HARVESTON DEBT SERVICE FUND 1,633,986.52 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,411,407.64 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 155,179.49 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,188,167.58 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 446,272.88 Grand Total: $ 133,142,529.87 I~-- . , II ITEM NO.4 II , II - . . . I I II II __. . I APPROVAL ~~. CITY A HORNEY LJJ2 DIR. OF FINANCE'~::;-;)-- CITY MANAGER Cj(J- Ii CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: May 9,2006 SUBJECT: HP Storage Area Network (SAN) Hardware Maintenance Onsite Support RECOMMENDATION: That the City Council approve a three year annual maintenance agreement for the City's SAN, Secure Path Software, Network Switches and Fiber Mesh from Nth Generation for the total amount of $34,020.00. DISCUSSION: The City purchased an HP SAN and Enterprise Tape Backup Library system from Nth Generation three years ago to centralize and automate its Data Storage Disk Drives and Disaster Recovery/Restoration Backups. The existing maintenance agreement that was purchased with this product has expired and must be renewed for three more years, which is the expected life cycle for this equipment. While this is a three-year agreement totaling $34,020.00, it will be equally divided and be separately budgeted for each fiscal year for the amount of $11,340.00. This product is a proprietary hardware configuration and may only be obtained from an authorized HP Vendor. Nth Generation installed this system and has the only acceptable response times with a local facility and HP certified onsite technicians. FISCAL IMPACT: An annual payment of $11,340.00 has been budgeted in the 2006-07 Fiscal Year Budget for the Information Systems Internal Services fund. A H ACHMENTS: Nth Generation Maintenance Agreement AGREEMENT FOR CONSUL TANT SERVICES WITH NTH GENERATION AND CITY OF TEMECULA THIS AGREEMENT is made and effective as of May 9, 2006, between the City of Temecula, a municipal corporation ("City") and Nth Generation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on May 9,2006, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 23, 2009, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all 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 Thirty Four Thousand Twenty Dollars and No Cents, ($34,020.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all 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 orterminates 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. DEFAUL T OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly 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 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 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 Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 0001 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsementto the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3 (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor bodily injury or disease. 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) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of 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 4 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 anyway 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 byfailure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that 5 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: Nth Generation 17055 Camino San Bernardo San Diego, CA 92127 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses forthe relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the CityofTemecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 6 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson, City Attorney Nth Generation 17055 Camino San Bernardo San Diego, CA 92127 By Its By Its 7 EXHIBITS A&B ~....ua.n ConqI-....... ~ 'Service and Technology to the NTH Degree' 3'3 4/18/2006 Tim Thorson City of Temecula 43200 Business Park Dr Temecula CA TEME 92590 ~i~~ber Qly Description Quotation N urn ber 31054 Your Price Item Total 1 2 1 3 1 4 1 5 1 6 1 7 1 8 20 9 16 10' 2 11< 2 12' 14 13- 1 14 1 15 3 16 1 17 1 18 3 19 1 20 5/24/06 through 5/23/09 HP Support Plus 24 Service HP Hardware Maintenance Onslte Support POWER SUPPLY, 375 ALL HP MSA 1000 ALL HP ROHS MSA 1000/1500 Ctlr 256 Cache ALL 2Gb FC Port Kit ALL 2Gb SFF-SW Trncvr Kit ALL PCI-FCH HBA 2GB W2K ALL HP 256MB Cache Upgrade ALL SW SAN Swtch 2/16-EL ALL 72GB 10K U320 UNI HDD ALL MSL5026S2FC 2 SDL T2 DRV RM w/FC ALL HP Software Updates Service SP WIN WE 1 UCD 4.0C ALL SP WIN WE 5 UCD 4.0C ALL HP Software Technical Unlimited Support SP WIN WE 1 UCD 4.0C ALL SP WIN WE 5 UCD 4.0C ALL Annual Total $11,340.00 The annual billing amount for each year is $ 11340.00. Please submit your PO for the full amount to be billed annually as oppose to paid in full. Nth will invoice accordingly, At any point cancellation to an item or the entire contract is required we will need 30 days notice. $180.00 $7,272.00 $180.00 $7,272.00 $4,464.00 $8,928.00 i $6,552.00 $6,552.00 $576.00 $2,700.00 $1,728.00 $2,700.00 $864.00 $4,068.00 $2,592.00 $4,06800 $34,020.00 Thank you for allowing NTH Generation to provide you with the above quotation. Charges for sales tax, shipping and insurance will be additional. Please call us at 800-548-1883 if you require additional information or changes to this quotation. This quotation is the sole property of Nth Generation Computing, Inc., and is intended as an offer to sell goods and services to the client named in the quote. This document may not be reproduced, or provided to parties outside of the client's organization, without written consent of Nth Generation Computing, Inc. We look forward to working with you in the future! Sincerely, 17066 Camino San Bernardo. San Diego, CA 92127 868-461.2383 FAX 868-673-8431 - www.nth.com ~.".Uon ConIpu....... InD.. 'Service and Technology \0 the NTH Oegree' 39 4/18/2006 Tim Thorson City of Temecula 43200 Business Park Dr TEME T emecula CA 92590 . ~I~~ber Oty Description Quotation N urn ber 31054 Your Price Item Total Scott Campion ustomer Acceptance by ami Date Accepted $34,020.00 Shipping Method INTH Generation INet 30 DllYS IIBest Way Payment Terms 'Extended payment terms upon credit approval 17055 Camino San Bernardo. San Diego, CA 92121 868-461-2383 FAX 868-673-8431 www.nth.com I~-- . , II ITEM NO.5 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V /112. 98 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 9,2006 SUBJECT: PH Birdsall Sports Park Video Surveillance System PREPARED BY: Tim Thorson, Information Systems Director RECOMMENDATION: That the City Council: 1. Authorize the purchase of a Video Surveillance System from IP Integration, Inc. for the total amount of $78,062.50, including applicable sales tax; 2. Authorize the City Manager to approve contract change orders not to exceed the contingency amount of $15,612, which is equal to 20% of the contract amount. BACKGROUND: The City of Temecula will be installing an enhanced security surveillance system to better secure and maintain the PH Birdsall Sports Park. At the same time, to increase citizen satisfaction, they searched for a solution to provide images to the I nternet. This will allow residents to see current ball field and parking lot conditions from any web enabled Microsoft internet explorer browser. The system will consist of Ten MZ-3130 Internet Protocol (IP) cameras that will be installed on Sports Park facilities and outdoor light poles. These items meet the harsh environmental requirements of extreme heat and wind. This system will facilitate centralized and distributed monitoring by City staff and police officers with the appropriate authentication credentials. To monitor events at night the system is integrated with infrared monitors. Further, with Network Video Recorders (NVR) the Citywill have complete video archives that are instantly accessible and can be stored for up to 30 days. The system will help prevent theft, deter vandalism and protect the City's investment in state-of-the-art synthetic fields. The Video Surveillance System is available on GSA Schedule Contract #GS-35F-0740P. The competitively, quoted price is provided by an authorized GSA contractor. Under this agreement, it would be within the City's discretion to take advantage of the pricing on another governmental entity contract. The contract is made available for use by State of California agencies and any city, county or local governmental agency empowered to expend public funds. Therefore, this purchase would be exempt from competitive bidding requirements. Staff's research has determined that the GSA price is the most competitive. Also, it has been determined that the GSA program is consistent with the City's procurement policies and regulations and that it is used by many cities as an industry standard. FISCAL IMPACT: Adequate funds are available in Fiscal Year 2005-2006 PH Birdsall Sports Park, Capital Project Account No. 210-190-173-5804. The total project cost is $93,674.50, which includes the contract amount of $78,062.50 plus 20% contingency amount of $15,612.00. ATTACHMENTS: Statement of Work City of Temecula 43200 Business Park Drive Temecula, California 92589 Statement of Work PH Birdsall Sports Park Video Surveillance System Video Component Hardware Professional Services Pricing offered under IPI GSA Contract Contract Number: GS-35F-0740P Budgetary Estimate April 19, 2006 Prepared by IPIntegration, Inc. PO Box 28617 Santa Ana, California 92799 Version Date Point of Contact Description 1.0 April 19, 2006 Tom Hurley Video Surveillance System PH Birdsall Sports Park (j) IPlntegrlltion, Ine. !S<<o..m,',,,,,Co,",u:tiDoft>'h<lolJN<) POBox 28617 Santo Anl1, CA 92799 Statement of Work Date: April 19,2006 Statement of Work Number: COT-032006-02 rev 1.0 Scope of Services This Statement of Work (SOW) defines the hardware, services and deliverables that IPIntegration, Ine. (IPI) shall provide to the City of Temecula (City) and is limited to the scope of this SOW and shall not be applicable to any other SOW's which may be executed and attached hereto. Client City of Temecula 43200 Business Park Dr P.O. Box 9033 Temecula, CA 92590-9033 Attn: Tim Thorson Service Provider IPIntegration, Inc. PO Box 28617 Santa Ana, CA 92799 Attn: Tom Hurley SOW Contact(s) IPIntegration, Inc. Tom Hurley 714.557.5200 Description of Work Requested The City has requested IPI to provide network design, component selection, component purchase, facility preparation, network engineering, configuration, and installation services for the construction of a video surveillance system at the PH Birdsall Sports Park located in Temecula, CA. IPI will provide qualified engineers to perform the engineering services in accordance with policies and procedures mutually agreed to by the City and IPI. IPI will provide contiguous engineering support throughout the duration and completion of this project. IPI's project manager will work with the identified City team member(s) for the timely execution and successful completion of this project. Subsequently, we have provided this preliminary Statement of Work, which should be used as the guideline to our approach and understanding of the project specifications and requirements as identified by the City. Description of Engineering Services Requested During the duration of this SOW, IPI will provide onsite engineering services to fulfill all the service requirements identified below. All services performed will be in accordance with the design documentation provided by IPI (reference Attachment C). Services requested to complete this SOW: 1. Installation of IP cameras (IVC) - mounted in locations identified by the IPI design documentation 2. Installation of Network Server (IVC) - mounted and configured in Concession building 3. Installation of Ethernet Network Switch (GC) - mounted and configured in Concession building 4. Installation of Ethernet Network Switches (GC) - mounted in locations identified by the IPI design documentation 5. Installation of IR Illuminators (IVC) - mounted in locations identified by the IPI design documentation 6. Cabling of all IPI electronics - cameras, illuminators, switches, server 7. Final Acceptance Testing & Post Onsite support (IPI) - single engineer for one day IPI and the City will establish a mutually agreeable working schedule which will become the identified onsite engineering schedule throughout the duration of this SOW. Video Surveillance System: Component Selection IPI has selected and is recommending the Industrial Video and Control (IVC), 'Video Security and Surveillance System' as our proposed hardware solution to address the City's PH Birdsall Sports Park video security and surveillance needs. The IVC system architecture provides a long list of unique features and is perfectly suited for this project. The IVC video surveillance system supports all devices typical of area monitoring and security functions including IPIntegration, Inc. All rights reserved Page 1 Any copying, distribution, or use of any of the information contained within this document in any way or form outside the City of Temecula is not permitted without the express written consentofIPlntegration, Inc sow - Video Surveillance at PH Birdsall Sports Park System Installation, Configuration and Testing low-light and no-light imaging as well as intrusion detection. The video system can be integrated with third party software and hardware systems for future support such as process monitoring & control and most security systems. GSA PRICING IPI has a direct contractual relationship with IVC and currently resells the entire portfolio of IVC products under GSA contract number: GS-35F-0740P Project Management The IPI Project Manager is tasked to ensure the successful completion of this SOW. The IPI Project Manager will have the following responsibilities: . Serve as the central point of contact to City management on all matters pertaining to IPI elements of the project. Coordinate project efforts between IPI and City personnel. . Conduct a start-up meeting with City management to review the requirements, commitments, and parameters of the project; and to determine project task responsibilities and task completions. . Work with the City in creating an overall project plan including project timeline, project assumptions, major deliverables, and IPI and City responsibilities. Obtain concurrence from City management for the approval of the project plan. Provide general consultative guidance to the City. . Interact with City personnel to monitor all project activities and to review the progress of the project against the overall plan on a regular basis. . Review modifications to the project plan resulting from Change Orders as requested by the City. Monitor progress of Change Order completion relative to the project plan. Work with the assigned City personnel to assist with the resolution of problems or changes that may occur during the project. . Plan and manage IPI project activities to ensure timely task completion relative to the project plan. . Coordinate and monitor initial product delivery and inventory control to meet contractual requirements. . Coordinate the initiation and communication of problem reporting and problem escalation procedures within IPl. Initiate and conduct meetings, as necessary, to resolve reported problems resulting from product or service deficiencies. Monitor escalation of problem reporting and resolution activities in order to ensure a timely resolution of reported problems. . Conduct a post-installation meeting with the City to review their satisfaction with the project as well as any issues of concern, and newly identified needs and requests. . Obtain the City's formal evaluation of the project at its completion. Gain the City's formal concurrence of project completion by obtaining the City's Project Manager or Coordinator signature on a Project Completion letter or form. Network Equipment: Configuration, Installation and Testing IPI will provide installation, configuration, and onsite support for the equipment listed in Attachment A. IPI will install the video security equipment at the PH Birdsall Sports Park located in Temecula, CA. Installation will consist of unpacking the video security equipment, inspecting for shipping damage, and discarding packaging materials in a location specified by the City. The video security equipment will be installed at the appropriate locations identified in the design documentation provided by IPI as set forth in Attachment C entitled, "IPI Design Documentation (PH Birdsall Sports Park)". All necessary City-provided power and City-provided fiber cables will be attached to individual cameras and 1R illuminators as appropriate and as identified in this design. Power-on and self-tests will be performed, and the appropriate software configured. All video cameras will be tested for proper operation by connecting them to City-provided fiber optic cables and City-provided power sources. Each individual camera will be terminated using City-provided category 5e cables into a hardened Ethernet switch. Each hardened Ethernet switch will use City-provided fiber optic cables to homerun the data connection back to a centralized Ethernet switch port located in the Concession building of the complex. All network addresses for individual cameras will be assigned as previously agreed upon by IPI and the City and will be configured accordingly. Written documentation of all configuration and software parameters will be recorded and provided to the City for final acceptance and network turnover. [Note: The tasks identified are not limited to the description above, but may be adjusted by the City as required; and agreed upon by the City and IPI] IPIntegration, Inc. All rights reserved. Page 2 Any copying, distribution, or use of any of the inforlll3.tion contained within this document in any way or form outside the City of Temecula is not permitted without the express written consent of IPlntegration, loc sow - Video Surveillance at PH Birdsall Sports Park System Installation, Configuration and Testing Installation Services 1.0 Network Cameras 1.1 Confirm with the City that all power and cabling is installed and available for network cameras at the locations identified in the table below prior to commencement of work. 1.2 Unpack, inventory and inspect all network cameras at the PH Birdsall Sports Park. 1.3 Ensure network cameras are operational by providing power and checking for proper operation prior to mounting and installation. 1.4 Mount and secure individual network cameras to specified structures as identified by coverage areas and in accordance with the design documentation provided by IPI (see table below). IPI Location Desianator Heiaht Cameras per Location Field Ught Pole (A) 40 ft (max) 3 Parking Lot Light Pole (Al) 12 ft (max) 1 Parking Lot Light Pole (B) 12 ft (max) 2 Field Light Pole (C) 40 ft (max) 3 Concession Bldg (D) 30 ft (max) 1 Total Cameras Priority Coverage Areas 10 1.5 Install and connect individual network cameras to power source. 1.6 Test individual cameras to ensure proper operation once mounted. Each camera will operate at 7fps and will provide coverage to the identified area noted in the table above. 1. 7 Upon verification of proper camera operation, position individual network cameras for proper area coverage as identified by coverage areas and in accordance with the design documentation provided by IPl. 1.8 Verify final operation and viewing of the installed network cameras prior to completion of task. 2.0 IR Illuminators Confirm with the City that all power is installed and available for lR illuminators at the locations identified in the table below prior to commencement of work. Unpack, inventory and inspect all lR Illuminators at the PH Birdsall Sports Park. Ensure lR Illuminators are operational by providing power and checking for proper operation prior to mounting and installation. Mount and secure individual lR Illuminators to specified structures as identified by coverage areas and in accordance with the design documentation provided by IPI (see table below). IPI Location Desianator Heiaht lR Illuminators per Location Field Light Pole (A) 40 ft (max) 3 Parking Lot Light Pole (B) 12 ft (max) 1 Field Light Pole (C) 40 ft (max) 3 Concession Bldg (D) 30 ft (max) 1 TotallR Illuminators Priority Coverage Areas 8 Install and connect individual lR Illuminators to power source. Provide strain relief for all cabling. [Note: The IR Illuminator incorporates a photocell which will turn the illuminator on with loss of lighting] Position individual lR Illuminators for proper area coverage in accordance with the design documentation provided by IPl. Test and verify final operation of the installed lR Illuminators prior to completion of task. IPIntegration, Inc. All rights reserved. Page 3 Any copying, distribution, or use of any of the inforlll3.tion contained within this document in any way or form outside the City of Temecula is not permitted without the express written consent of IPlntegration, loc sow - Video Surveillance at PH Birdsall Sports Park System Installation, Configuration and Testing 3.0 Hardened Ethernet Switches 3.1 Confirm with the City that all power is installed and available for Ethernet switches at the locations identified in the table below prior to commencement of work. 3.2 Unpack, inventory and inspect all Ethernet switches at the PH Birdsall Sports Park. 3.3 Ensure Ethernet switches are operational by providing power and checking for proper operation prior to mounting and installation. 3.4 Mount and secure individual Ethernet switches to specified structures as identified by coverage areas and in accordance with the design documentation provided by IPI (see table below). IPI Location Desianator Heiaht Ethernet Switch per Location Field Light Pole (A) 40 ft (max) 1 Near Parking Lot Light Pole (Al) 1 Near Parking Lot Light Pole (B) 1 Field Light Pole (C) 40 ft (max) 1 Total Ethernet Switches Priority Coverage Areas 4 3.5 Install and connect individual Ethernet switches to power source. Provide strain relief for all cabling. 3.6 Connect individual network cameras to Ethernet switch ports as identified and in accordance with the design documentation provided by IPl. 3.7 Test and verify final operation of the installed Ethernet switches prior to completion of task. 4.0 Video Server and Ethernet Switch - Concession Building 4.1 Confirm with the City that the equipment rack (19 in.), fiber optic cabling (patch panel), and appropriate power are installed and available for video server and Ethernet switch prior to commencement of work. 4.2 Unpack, inventory and inspect video server and Ethernet switch at the Concession building. 4.3 Mount and secure the video server and Ethernet switch into the equipment rack. 4.4 Connect individual network cameras using City-provided fiber patch cables to individual Ethernet switch ports. Provide strain relief for all cabling. 4.5 Connect video server using City-provided category 5e patch cable to Ethernet switch port. Provide strain relief for cable. 4.6 Terminate power cords for video server and Ethernet switch into available City-provided power source. 4.7 Test and verify proper operation of the installed video server and Ethernet switch. 4.8 Verify proper operation of the installed video server and Ethernet switch prior to completion of task. 5.0 Video Server Software and Customization - Concession Building 5.1 IPI will use an engineer from IVC (OEM engineer) to provide video server software programming. 5.2 The IVC engineer will install video server software and check for proper operation. 5.3 The IVC engineer will test and verify proper operation of network cameras with video server and software to ensure proper operation. 5.4 The IVC engineer will ensure all video camera recordings are properly saved to video server hard disk for future retrieval. 5.5 The IVC engineer will set up customized views for each video camera as required. 5.6 The IVC engineer will verify final operation of video server and viewing of network cameras prior to completion of task. IPIntegration, Inc. All rights reserved. Page 4 Any copying, distribution, or use of any of the inforlll3.tion contained within this document in any way or form outside the City of Temecula is not permitted without the express written consent of IPlntegration, loc sow - Video Surveillance at PH Birdsall Sports Park System Installation, Configuration and Testing 6.0 Video Server Software and View Station Software Training 6.1 IPI will use an engineer from IVC (OEM engineer) to provide comprehensive training on the video surveillance system and software. 6.2 The IVC engineer will provide onsite training for one day to City personnel assigned to the project. 6.3 The IVC engineer will provide instruction on installation, configuration, and operation of the video server software and view station software prior to completion of task. 7.0 Final Acceptance Testing IPI will provide onsite technical support upon the completion of the identified tasks outlined in the Installation Services section of this SOW. The objective for final acceptance testing is to demonstrate a fully functional video surveillance system during normal operations (after all field lighting has been turned off). The video surveillance system will perform the following functions during normal operation: 7.1 Each network camera will continuously record video to the video server and will operate at 7fps. 7.2 The IR illuminators will automatically turn on upon darkness (via photocell - day/night switching with adjustable sensitivity). 7.3 The IR illuminators will provide illumination for network cameras during night time operation. 7.4 The relay server will continuously record all video from individual cameras with up to 4 days of storage. 7.5 The relay server will overwrite first-recorded video data after the 4th day and continue normal operation. 7.6 The view station software will provide customized views of the network cameras for video display on an external monitor. IPI will provide onsite technical support utilizing a single engineer for (1) day to work with the onsite IPI Project Manager and City personnel during final acceptance testing and turnover. 8.0 Assumptions IPI's proposal is based upon the following assumptions where they apply. We reserve the right to re-quote or request a change order if there are major deviations from the assumptions listed below. Schedule and Services 1. Prices are valid only for the duration of this SOW. Additional hardware and services will be priced as requested. 2. Service hours and pricing assumes normal business hours except where noted. (M-F 0800-1700hrs, excluding IPI holidays) 3. This proposal is made with the understanding that IPI will not have to work under any special conditions or restrictions that would effect a productive workday. Any delays due to a failure of the City to timely act as required by the SOW, may be billable at IPl's standard, overtime, weekend, or holiday rates. 4. The City will assign a person as a point of contact representative to work with the IPI Project Manager, to answer questions as they arise, and to coordinate any City resources required for the successful completion of the SOW. 5. The project will be implemented on a collaborative basis utilizing both IPI and City resources. The specific tasks, roles, and responsibilities will be defined throughout this project. However, the collaborative nature of this SOW must be stressed. This will allow for a more effective knowledge transfer process throughout the duration of the SOW. 6. All work performed by IPI will be provided in a contiguous timeframe. 7. IPI reserves the right to determine the assignment of its personnel. 8. IPI may subcontract a service, or any part of it, to subcontractors selected by IPI provided that the subcontractor has adequate insurance, will be fully responsible for its work, and will indemnify and hold the City harmless for any damages caused by its performance or failure of perfonmance, and the City has consented to IPl's use of said contractor, which consent by the City shall not be unreasonably withheld. IPIntegration, Inc. All rights reserved. Page 5 Any copying, distribution, or use of any of the inforlll3.tion contained within this document in any way or form outside the City of Temecula is not permitted without the express written consent of IPlntegration, loc sow - Video Surveillance at PH Birdsall Sports Park System Installation, Configuration and Testing 9. IPI reserves the right to charge the City for the full amount of professional services in the event the City cancels or reschedules the service without three (3) days prior written notice. Cancellation or rescheduling with less than three days notice will result in a cancellation charge. Site Readiness 1. The City is providing all necessary electrical power and fiber optic cabling to support all network electronics identified in Attachment A. All cables (cable-management system) will be installed, labeled correctly, tested and in proper operation prior to the commencement of work by IPl. All electrical power will be installed, tested and in proper operation prior to the commencement of work by IPl. 2. The City fiber optic cable plant will comply with all applicable EIA/TIA wiring standards, the National Electrical Code, and local codes related but not limited to the use of plenum cable, riser cable, and fire stop materials, etc. 3. Once the project has started, IPI assumes that all other trades will progress in a timely manner so that IPI progress will not be impeded. 4. IPI assumes that there is adequate and secure storage space available on the project site for the storage of tools and materials for the duration of the project. 5. IPI requires keys or an escort to gain access to all areas of work from the start to the end of the workday. Keys must be received prior to each workday and will be returned at the end of each workday. 6. It is the City's responsibility to provide a secure room for any necessary test equipment. 7. Appropriate workspace will be provided by the City and will be available, including sufficient power, lighting, cooling, and telephone access. 8. The City will have sufficient network infrastructure installed to support the deliverables of this SOW. This includes, but is not limited to bandwidth, connectivity, facilities, and security. IPI will be responsible for the Plan, Design, and Implementation of the video surveillance system components only. Installation 1. The City will provide equipment rack (19 in.), cabling, and appropriate power for the network electronics identified for use in the Concession building. 2. The scope of this SOW is limited to the work identified in the Scope and Professional Services sections of this SOW. 3. The City will provide documentation for the existing fiber optic cable plant (number of drops, type of connectors, labeling, etc). 4. All work will be provided by IPI in a contiguous timeframe. 5. The City agrees to provide timely access to all personnel, resources and requested information that is deemed necessary to ensure that IPI can fulfill its commitments stated herein. Change Order Process If it becomes necessary to amend this SOW for any reason, a Change Order Form (a sample of which is provided in Attachment D) will be prepared by IPI and submitted to the City. The City will provide the necessary approvals, signatures and, if required, a purchase order for the additional expected costs. The City will return the signed form to IPI who will countersign and distribute it to the appropriate parties. Whenever there is a conflict between the terms of a fully executed Change Order Form and those in this SOW, or a previous fully executed Change Order Form, the terms of the most recent fully executed Change Order Form shall prevail. Initiation of Work The commencement of work is scheduled to begin on or about May 2006. In order for IPI to provide the appropriate resources to the City on this date, IPI requires receipt of the signed SOW at least (14) days prior to the initiation of work. Should IPI be unable to identify the appropriate resource(s) within (3) days of receipt of the signed SOW, the City will be under no obligation to fulfill this contract. Duration This SOW shall be in effect until the completion of the work as outlined above. Based on the information provided to IPI and on our professional experience, we estimate that the work will be completed in 244 hours. During the course of this SOW, additional information may be learned through engineering effort which may IPIntegration, Inc. All rights reserved. Page 6 Any copying, distribution, or use of any of the inforlll3.tion contained within this document in any way or form outside the City of Temecula is not permitted without the express written consent of IPlntegration, loc sow - Video Surveillance at PH Birdsall Sports Park System Installation, Configuration and Testing cause the time required to complete specific individual tasks to differ. IPI understands that the City must approve any additional time required in order to complete specific individual tasks prior to commencement. A minimum of two weeks written notice is required to make any changes to the duration of this SOW and must be done using the change order process. Estimated Charges & Expenses The rate structure for this SOW is as follows: System Hardware Description See 80M - Attachment A Estimated Hardware Total: $ 46,048.00 Professional Services Labor Type Hours GSA Labor Category GSA Hourly Rate Total Project Manager/Coordinator Sr. Network Engineer (2) Field Labor Configuration, Testing, Alignment Programming Engineering Design Documentation Sr. Network Engineer (1) - OEM Customization of camera software Training Network Engi neer (1) Field Labor Assembly and Testing Design Engineering Engineering Design Documentation 65 140 IPI-SR TECH CON IPI-SR TECH ENG $ 120.50 $ 120.50 $ 7 ,832.50 $ 16,870.00 16 IPI-SR TECH ENG $ 120.50 $ 1,928.00 40 IPI-PRIN ENG $ 110.50 $ 4,420.00 8 IPI-SR TECH ENG $ 120.50 $ 964.00 Estimated Services Total: $ 32,014.50 This SOW is a variable-cost offering and should not be considered a "fixed priced bid" nor a "not to exceed" quote. Rather, work will be billed at actual costs incurred. Regular status updates will be given to the City so that the budgetary impacts may be monitored as work progresses. The City is responsible for paying all reasonable out-of-pocket expenses. IPI understands that the City must authorize such travel and related expenses prior to expenditure. IPI will use commercially reasonable efforts to source the SOW from the locallPI office. However, should it be necessary to source the SOW with personnel from another region, the City agrees to reimburse IPI for travel and living expenses for these remote resources. However, the charges set forth in the above estimates will not be increased by IPI, without the express written approval of the City. Invoicing & Payment IPI will invoice hardware, services, and expenses to the City with an initial start-up fee of (25%) of the overall projected cost for this SOW. The initial start-up fee will be applied to equipment purchases, project start-up costs and expenses. IPI will invoice the City (65%) of services and expenses at the completion of this SOW and the City agrees to pay this invoice upon receipt. The City is responsible for all applicable taxes, unless purchasing products and services from the IPI GSA contract. IPI will submit a final invoice for the remainder of services and expenses (10%) after (30) days from final acceptance by the City and the City agrees to pay the final invoice upon receipt. Completion Criteria Services under this SOW will end when anyone of the following first occurs: 1. IPI accomplishes the tasks described in the Installation Services and Final Acceptance Testing section of this SOW, 2. Either of us terminates this agreement in writing. IPIntegration, Inc. All rights reserved. Page 7 Any copying, distribution, or use of any of the inforlll3.tion contained within this document in any way or form outside the City of Temecula is not permitted without the express written consent of IPlntegration, loc sow - Video Surveillance at PH Birdsall Sports Park System Installation, Configuration and Testing Terms & Conditions IPI warrants that the services will be provided in a professional and workmanlike manner. The services will be deemed accepted unless the City notifies IPI in writing within five (5) days after completion of the final acceptance testing that the services did not conform to this warranty. IPI makes no other warranties express or implied, including but not limited to, the warranties of merchantability and fitness for a particular purpose. IPI's liability under this SOW shall be limited to fees paid to IPI for services hereunder. IPI shall not be liable for any special, consequential, incidental, exemplary or punitive damages, including without limitation, damages for loss of business profits and/or business interruption. During the term of this SOW and for 12 months thereafter neither party will solicit for employment any employee or contractor of the other who was directly or indirectly involved in the services performed under this SOW. A general advertisement or a request for employment initiated exclusively by the employee is not considered a solicitation. This SOW constitutes an offer by IPI to perform the services described herein. This offer expires 30 days from April 19, 2006 unless executed by both parties. IPI agrees to provide, and/or have its authorized subcontractors provide, the Services described in this SOW subject to the acceptance of the terms of this SOW by the City through its signing of the SOW, by its authorized agent, in the space provided below. Each of us agrees that the complete agreement between us about these services consists of 1) this SOW and 2) the mutually agreed to Project and Implementation Plan (Or any equivalent agreement signed by both of us). Agreed to: IPIntegration, Inc. Agreed to: City of Temecula Signature Signature Name Printed Name Printed Title Title Date Date IPIntegration, Inc. All rights reserved. Page 8 Any copying, distribution, or use of any of the inforlll3.tion contained within this document in any way or form outside the City of Temecula is not permitted without the express written consent of IPlntegration, loc (!) IPlntegration, Inc. 1SKorm, r"",c..tr<<tHm ""Nf.fJmJ) POBox 28617 Santa Ana, CA 92799 Attachment A Bill of Materials Priority Coverage Areas 1 MZ-3130-LL Item Part Number Descriotion 2 MB-100 3 MB-100-NC4 4 IR-3100-IL 5 MB-100-NC5 6 RS-4408 7 RSS-40 16 8 VSS-4016 Manual Zoom Outdoor Low-Light Camera Manually adjusted zoom (vari-focal lens) Auto Iris. Direct IP Connection. Enhanced low-light performance. Outdoor enclosure with heater and blower. GSA GSA ~ Unit Price Extended Price 10 $ 1,355.00 $ 13,550.00 Mounting Bracket for MZ-3130-LL cameras Pole mount bracket for 3 to 15 inch pole. Mounting Bracket for MZ-3130-LL cameras ]-bracket for pendant mount camera at Concession Sldg. Infrared Illuminator Provides IR illumination up to 300 feet, for use with MZ-3130-LL cameras. Includes AC power supply. Mounting Bracket for IR-3100-IL illuminators Pole mount bracket. 9 $ 85.00 $ 765.00 $ 125.00 Relay Server - Rackmount (HP DL320) Supports up to (16) MZ-3130-LL cameras. Includes rackmount server with Intel processor (P4 2.8 GHz, 1024 MB RAM, 250 GB Storage). Includes: Windows XP, Pro Edition Not Included: Mouse, keyboard and monitor Relay Server Software Provides single IP access and controls up to (16) MZ-3130-LL cameras. Provides Snapshots, Video Storage, Preset Views, Panoramas, and Bandwidth Management. Runs on Windows 2000 or later. Not Included: PC Server View Station Software Software for viewing stations; allows Automatic Touring, Multiple-View Display and Alarm Notification and Response for up to (16) IP addressable cameras. 9 LP2065 HP LP2065 Flat Panel Monitor Features a 20.1-inch viewable screen, gO-degree pivot, and ultra-sharp 1600 x 1200 resolution for viewing MZ-3130-LL cameras. 10 ES42P-1SC-Pd Magnum Premium-rated Edge Switch with one SC-type 100Mb fiber port and five 10/100 RJ-45 switch ports with auto-cross and auto- negotiating support. Compact package, rated for temperature un-controlled environments such as outdoors. Internal 12VDC (range 8V to 15V) power supply with extended temperature range (-400C to +750C). 1 $ 125.00 $ 8,800.00 IPlntegration, Inc All rights reserved 8 $ 1,100.00 $ 640.00 8 $ 80.00 1 $ 3,078.00 1 $ 3,173.00 $ 3,078.00 $ 3,173.00 1 $ 1,446.00 1 $ 599.00 $ 1,446.00 4 $ 460.00 $ 599.00 $ 1,840.00 Any copying, distribution, or use of any of the information contained within this document in any way or form outside the City of Temecula is not permitted without the express written consent of IPlntegration, Inc Page 9 (!) Attachment A Bill of Materials (continued) Priority Coverage Areas IPlntegration, Inc. 1SKorm, r"",c..tr<<tHm ""Nf.fJmJ) POBox 28617 Santa Ana, CA 92799 GSA GSA Item Part Number Descriotion .Q1ll Unit Price Extended Price 11 6K25 Magnum 6K25 Managed Fiber Switch, base unit. 1 $ 3,450.00 $ 3,450.00 May be config ured with a selection of 10/100/1000 6K Fiber and copper port connector types, 25 total ports max. Wire speed filtering and forwarding across all ports, 802.3x flow control, 802.1p priority packet processing, self-learning 4K-node address table, large 240KB packet buffers for 10/100 and 120KB for 1000Mb. Incl udes a total of (8) 100Mb 2km FX fiber ports with SC connectors and eight 10/100Mb auto-negotiating RJ-45 copper ports. 12 80-C11101-01 Cables and Install Kit 2 $1,541.00 $ 3,082.00 Miscellaneous mounting hardware and Rental equipment. Bucket lift, Connectors, Cable Ties, Clamps, and Mounting assembly. Includes all miscellaneous equipment, cables, connectors, hardware and materials to ensure a fully operational system. 13 LS-390 1 Stainless Steel Junction Box for mounting 2 $ 250.00 $ 500.00 electronics to Musco field light poles. 14 IPI-CONT-01 Contingency for Low-Light Camera Lens 10 $ 500.00 $ 5,000.00 Note: Longer range lenses may be required for individual MZ-3130-LL cameras based on projected distances and coverage required. GENERAL PRICING AND WARRANTY INFORMATION Note: The following products include a one year warranty on parts and labor: MZ-3130-LL, RSS-4016, VSS- 4016 and IR-3100-IL. The following products include a three year warranty on parts and labor: ES42P-1SC-Pd, 6K25. The following products include a three year warranty on parts and one year on labor: RS-4408 The majority of products listed in this Sill of Materials are available for purchase by state and local government, and Federal agencies using the IPIntegration, Inc. GSA contract. IPI is continuously adding new products to the list of available products under this contract. Please be advised that there are delays encountered through the GSA process prior to new products being displayed on the GSA Advantage website. The GSA Advantage website is located at: https: / /www.gsaadvantage.gov/advgsa/advantage/main/start_page.do Contract Information: Contract Number: GS-35F-0740P Effective Date: August 12, 2004 Expiration Date: August 12, 2009 IPlnlegralion, Inc. All rights reserved Page 10 Any copying, distribution, or use of any of the information contained within this document in any way or form outside the City of Temecula is not permitted withoutlhe express written consent of IPlntegration, Inc (!) Attachment A Bill of Materials (continued) Optional Items IPlntegration, Inc. 1SKorm, r"",c..tr<<tHm ""Nf.fJmJ) POBox 28617 Santa Ana, CA 92799 Item Part Number Descriotion llli GSA Unit Price GSA Extended Price 1 PTZ-3130-LL PTZ Outdoor Dome Direct IP connection. Day/night switching camera with l8x optical zoom on a pan-tilt unit. Assembled into an outdoor dome with automatic heater/defogger and blower. Replacement Bulb Spare bulb for IR-3100-IL illuminator 3 $ 3,168.00 $ 9,504.00 2 IR-3100-RB 2 $ 164.00 $ 328.00 Note: Recommend NEMA 4x steel outdoor enclosure for protecting cabling and network electronics. Contacted Musco and they recommended the use of a stainless steel junction box which can be mounted directly to the field light poles. IPlnlegralion, Inc. All rights reserved Page 11 Any copying, distribution, or use of any of the information contained within this document in any way or form outside the City of Temecula is not permitted withoutlhe express written consent of IPlntegration, Inc (j) Attachment B Final Acceptance Testing IPlntegrlltion, Ine. !S<<o..m,',,,,,Co,",u:tiDoft>'h<lolJN<) POBox 28617 Santo Anl1, CA 92799 Final Acceptance Testing IPI will provide onsite technical support upon the completion of the identified tasks outlined in the Installation Services section of this sow. The objective for final acceptance testing is to demonstrate a fully functional video surveillance system during normal operations (after all field lighting has been turned off). The video surveillance system will perform the following functions during normal operation: 1. Each network camera will continuously record video to the video server and will operate at 7fps. 2. The IR illuminators will automatically turn on upon darkness (via photocell - day/night switching with adjustable sensitivity). 3. The IR illuminators will provide illumination for network cameras during night time operation. 4. The relay server will continuously record all video from individual cameras with up to 4 days of storage. 5. The relay server will overwrite first-recorded video data after the 4th day and continue normal operation. 6. The view station software will provide customized views of the network cameras for video display on an external monitor. IPI will provide onsite technical support utilizing a single engineer for (1) day to work with the onsite IPI Project Manager and City personnel during final acceptance testing and turnover. IPIntegration, Inc. All rights reserved Page 12 Any copying, distribution, or use of any of the information contained within this document in any way or form outside the City of Temecula is not permitted without the express written consent of IPlntegration, Inc Attachment C - IPI Design Documentation (PH Birdsall Sports Park) " ,"~ D"19~ Ad~an~..: . . ~:=~ ~ :iJ;;r -oc ',' il i j: : II I 1/ , , I , , I , , (/) IPI"tllrfJtiDII,IM. iCM.;;i:";Y'.--' "'_no"~ --....."" "...,.- "....,_.. --,- ^ Prio...., ill Coverage Areas Duig..: DIoI,Ib..I...C-""hpul F_c.....e.ck_ ...a..m.ra.........dwlNcI AHlllumlnotor._"",ctwlN" PH Birdsall Sports Park City of Temecula, CA o",.,AtJrI l~_ 20011 --.~...., -,...-........-... _........._,.,..<lt~ IPlntegration,Inc. All rights reserved Any copying, distribution, or use of any of the information conlainedwithin this document in anywayorform outsidelhe City ofThmecula is nol permittro without lheexpresswrtlen consent oflPlntegration, Inc Page 13 Attachment C - IPI Design Documentation (PH Birdsall Sports Park) I Restroom I '~7 ~ ~ .~'~ /;'-'_...=:. ~~~m ~'l 10 Field Coverage (!) JPJII!tgTfI(;Dtr,lflC. .__._~..._. TO/lIN/.d:ur ..._no" '-_GO .n.. "'..;UI>> "ou_ -'- ~..,,-.,oI" _1<I"'<Ii.o"'";"'~""'''',,,_ """'*......01""'---.""', Area C Concession Bldg "'" o multirnode fiber Maintenance Bldg Common "'.. Coverage -II"'''''''''' ec.hlil.net ,- (roopoe) s 11_ hardoned-O<l .,.."". switch (nopoe) -- --- -._.....~ _GoI""""'COOIn "'0. A PH Birdsall Sports Park City of Temecula, CA D.t.:Apn/lg,2006 ~~oI"" .."''''''''--...-- _"'___"""...01" IAntewation, Inc. Allri~tsreserved, Page 14 Any copying, distribution, ct" use of any of the information contained within this document in any way or fct-m outside the City ofTffilecula is notpennilted without the e"Pres" written consenl of IPlntegration, Inc (j) Attachment D Change Order Form IPlntegratioR, Inc. !S<eom.,r",COIl",aiott""lI<follN'/ POBox 28617 Santo Ana, CA 9Z799 Client City of Temecula 43200 Business Park Dr P.O. Box 9033 Temecula, CA 92590-9033 Attn: Tim Thorson Service Provider IPIntegration, Inc. PO Box 28617 Santa Ana, CA 92799 Attn: Tom Hurley Engagement Information SOW Number COT-032006-01 SOW Name Video Surveillance System Installation Client: Location: City of Temecula PH Birdsall Sports Park Temecula, CA Change Order Detail Change Order Number: Effective Date: Change Impact D Scope of Work D Deliverables Revised Esti mated Charges: $ D Duration D Engagement Team Description of the Change(s) Agreed to: IPIntegration, Inc. Agreed to: City of Temecula Sig nature Signature Name Printed Name Printed Title Title Date Date IPlnlegralion, Inc. All rights reserved Page 15 Any copying, distribution, or use of any of the information contained within this document in any way or form outside the City of Temecula is not permitted withoutlhe express written consentofIPlnlegration, Inc I~-- . , II ITEM NO.6 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager JM.r-- C!2- tf CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: May 9,2006 SUBJECT: Support for the Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2006 - at the request of Mayor Roberts PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING AND SUPPORTING THE CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2006 BACKGROUND: In March 2000, California voters approved a statewide bond act provided $350 million for library construction and renovations. The California State Library has, however, identified an additional $4.4 billion needed to fund at least 579 library construction and renovation projects throughout the State. Senator Albert introduced Senate Bill 1161 on February 2, 2004 and it was signed by Governor Schwarzenegger in September of the same year. Known as the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2006 ("Bond Act"), itwill appear on the June 2006 ballot. If approved by the voters, the Bond Act of 2006 will provide $600 million for library construction within the State. Riverside County is one of the fastest growing Counties in the State and it is vital that local jurisdictions be able to provide library and technology services to their populations. The County Library and Library Systems and Services (LSSI) are asking all Riverside County Cities to support this important bond. The County of Riverside adopted a Resolution of support for the Bond Act in August 2005. To date, the Cities of Murrieta, Palm Springs and Moreno Valley have also adopted similar Resolutions, with several other Riverside County Cities considering such action. FISCAL IMPACT: There is no fiscal impact associated with support of the Reading and Literacy Improvement and Public Library Construction Bond Act of 2006. ATTACHMENTS: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING AND SUPPORTING THE CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2006 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A The California State Library has identified that at least 579 unfunded library construction projects which total $4.4 billion in need statewide. B. Senate Bill 1161, authored by Senator Alpert and known as the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2006 ("Bond Act"), has been passed by both the California Senate and the House of Representatives. C. Governor Arnold Schwarzenegger signed the bill into law on September 22, 2004, preparing it for submission to voters. D. Approval by the voters of the Bond Act would authorize the State of California to sell $600 million in bonds to assist local governments in the construction and renovation of public libraries. E. Passage of the Bond Act, which will appear on the June 2006 ballot, will permit many cities and counties across the State to construct and renovate libraries within their communities. F. Riverside County, as the fastest growing county in the State of California, will continue have ongoing needs for public libraries and library services. G. Use of existing libraries in Riverside County continues to grow and expand as new libraries are added, new services offered and hours increased. Section 2. The City Council hereby endorses and supports the passage and funding of the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2006, and urges all citizens, community leaders, and organizations in Riverside County to lend their support to the creation of this public library bond fund. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk I~-- . , II ITEM NO.7 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager jM.r C!2- ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 9,2006 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 23143-8 (Located south of Pauba Road, east of Butterfield Stage Road, and north of De Portola Road within the Crowne Hill Subdivision) PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULAACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 23143-8) BACKGROUND: Tract Map No. 23143-8 was recorded by the County Recorder on December 31,2001. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed. However, the one-year Warranty Bond and Labor and Materials Bond have not been released. The Warranty Bond will be released at the end of the one- year period in April 200 7. The Labor and Materials Bond will be released six months into the one- year warranty period in October, 2006. The public streets now being accepted by this action is Hussar Court, Jolle Court, Trini Court, San Juan Court, San Jose Court, Ashley Rose Court and portions of Fox Road and Butterfield Stage Road. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 06 _ with Exhibits "A - B" inclusive. EXHIBIT "A" TO RESOLUTION NO. 2006 - Accepting a certain public street offered to and accepted by the City of Temecula as indicated on Parcel Map 23143-8 into the City-Maintained Street System as described as follows: 1. Lot "A" (half-width portion of Butterfield Stage Road) of said Parcel Map No. 23143-8 2. Lot "B" (Trini Court) of said Parcel Map No. 23143-8 3. Lot "C" (Jolle Court) of said Parcel Map No. 23143-8 4. Lot "D" (Hussar Court) of said Parcel Map No. 23143-8 5. Lot "E" (portion of Fox Road) of said Parcel Map No. 23143-8 6. Lot "F" (Ashley Rose Court) of said Parcel Map No. 23143-8 7. Lot "G" (San Jose Court) of said Parcel Map No. 23143-8 8. Lot "H" (San Juan Court) of said Parcel Map No. 23143-8 RESOLUTION NO. 06-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN PARCEL NO. 23143-8) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, On December 31, 2001, the County Recorder recorded Parcel Map No. 23143-8 in which an offer of dedication for street and public ulility purposes was accepted by the City of Temecula from Crowne Meadows L.P.; and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed; and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining 10 lhis tract have not been released; and, NOW, THEREFORE, BE IT RESOLVED, that the Cily Council of the Cily of Temecula hereby accepts into the Cily-Maintained Street System the streets offered to and accepled by the City of Temecuia described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED by the Cily Council of the City of Temecula lhis 9lh day of May, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify lhat the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of May, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" TO RESOLUTION NO. 2006 - Accepting a certain public street offered to and accepted by the City of Temecula as indicated on Parcel Map 23143-8 into the City-Maintained Street System as described as follows: 1. Lot "A" (half-widlh portion of Butterfield Slage Road) of said Parcel Map No. 23143-8 2. Lot "B" (Trini Court) of said Parcel Map No. 23143-8 3. Lot "C" (Jolle Court) of said Parcel Map No. 23143-8 4. Lot "D" (Hussar Court) of said Parcel Map No. 23143-8 5. Lot "E" (portion of Fox Road) of said Parcel Map No. 23143-8 6. Lot "F" (Ashley Rose Court) of said Parcel Map No. 23143-8 7. Lot "G" (San Jose Court) of said Parcel Map No. 23143-8 8. Lot "H" (San Juan Court) of said Parcel Map No. 23143-8 EXHIBIT "B" TO RESOLUTION NO. 2006- VICINITY MAP N .\ f'IIWJ[CT \~ '"1Y. 79 ~ \ TO SN<l DIEGO 'Z-c: -rMCf NO.\2a~3:6 , \ M.B, ~I~ l\581!: \ '\ \ \ , '_/ -= ~~ . 1 ,- \~ ::-i-~ ~~~/ \~~7:~~~~~;L~-~;A~---;~:D--------dD ------- - ,-, .....~~1 i>.'~' ' \.' \_i\ .~t~. ",,'A 'I ttl\C\J ',:,.0. ,~ I ,:; tt~ ~.::. ,.0.1,,' .- 1.-;'" "" ""'''''' IVI ~':U. .~,'.!!t'~4~ ~.,' ,.~:!~-,,-,r- l~~ I~-- . , II ITEM NO.8 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V /J1l ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 9,2006 SUBJECT: Professional Services Agreement - Vali Cooper & Associates, Inc. - Contract for Construction Management and Inspection Services for Roripaugh Ranch Infrastructure and Subdivision Improvements, Southern California Edison Matera 12KV Improvements, Rancho California Water District Major Infrastructure PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Gerald Alegria, Senior Engineer RECOMMENDATION: That the City Council: 1. Approve an agreement for construction management and inspection services with Vali Cooper & Associates, Inc. in the amount of $287,448.00 to provide Public Works Construction Management and Inspection Services for Roripaugh Ranch Infrastructure and Subdivision Improvements, Southern California Edison Matera 12KV Improvements, Rancho California Water District Major Infrastructure, and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders for an amount not to exceed $12,552.00. BACKGROUND: Roripaugh Ranch will soon begin the construction of major infrastructure road projects such as Butterfield Stage Road, Calle Chapos and Nicolas Road as well as onsite tract construction. In addition, over the next four months Southern California Edison Company intends to install a bank of electrical ducts on the north side of Highway 79 South between Margarita Road and Butterfield Stage Road and also within Margarita Road and Butterfield Stage Road north and south of Highway 79 South. Immediately following this work, Rancho California Water District will begin two transmission main projects on Highway 79 South and on Ynez Road. In order to minimize the disruption of traffic, these utility projects will be taking place at night. Due to the length of these projects and that the utility projects are taking place at night, it will be necessary to employ additional inspection personnel to adequately oversee the proper placement of the proposed facilities and the restoration of disturbed public improvements. To meet the additional inspection requirements, a consultant will be retained to provide construction management and inspection services. The service will include observation and inspection, traffic control and coordination services between Roripaugh Ranch Development, Southern California Edison, Rancho California Water District, the City and the public. Vali Cooper & Associates, Inc. has provided construction management and inspection services for the City's Public Works Department in the past for various CI P and Land Development projects and their performance has been very satisfactory. This Professional Services Agreement with Vali Cooper & Associates, I nc. for Construction Management and I nspection Services is for an amount not to exceed $287,448.00. FISCAL IMPACT: Adequate funds are available in the Public Works Land Development Division, Consulting Services Account No. 001-163-999-5248. ATTACHMENTS: Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and effective as of May 9, 2006, between the City of Temecula, a municipal corporation ("City") and Vali Cooper & 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 May 9,2006, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2007, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in lhis locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,1777.6, and 1813 of the Labor Code. Pursuantto 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 lhe 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 scope of work to be performed, payment rates and schedule of payment are null and void. This amount shall not exceed Two Hundred Eighty Seven Thousand Four Hundred Forty Eight Dollars and No Cents ($287,448.00) for lhe 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 1 R:\Agreenebts\Landdev\Vail Cooper - Roripaugh Agreement 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 in the amount of Twelve Thousand Five Hundred Fifty Two dollars ($12,552.00). 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 between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made wilhin thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 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 entilled 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 2 R:\Agreenebts\Landdev\Vail Cooper - Roripaugh Agreement 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 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 terminalion or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. 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 Scone of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 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:\Agreenebts\LanddevWail Cooper - Roripaugh Agreement b. Minimum Limits of Insuranc~. 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) peraccidentfor 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; orthe Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4 R:\Agreenebts\LanddevWail Cooper - Roripaugh Agreement (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraoe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. 5 R\Agreenebts\LanddevWail Cooper - Roripaugh Agreement b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of T emecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: William G. Hughes, Director of Public Works/City Engineer To Consultant: Vali Cooper & Associates, Inc. 3900 Market Street, Suite 250 Riverside, California 92501 Attn: Gary Baker, Executive Vice President 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree thatthe 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. 6 R:\Agreenebts\LanddevWail Cooper - Roripaugh Agreement 18. PROHIBITED INTEREST. No officer, or employee of the City ofT emecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 R:\Agreenebts\LanddevWail Cooper - Roripaugh Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Vali Cooper & Associates, Inc. 3900 Market Street, Suite 250 Riverside, CA 92501 (951) 788-6028 Agnes Weber, Executive Vice President Gary Baker, Executive Vice President (Two Signatures of Corporate Officers Required For Corporations) 6 R\Agreenebts\LanddevWail Cooper - Roripaugh Agreement EXHIBIT A TASKS TO BE PERFORMED The Scope of Services for this agreement consists of the necessary Construction Management and Inspector activities for Roripaugh Ranch Infrastructure and Sub-Division Improvements, Southem California Edison Matera 12KV Improvements, Rancho California Water District Major Infrastructure and other projects as assigned. The Consultant's proposal is attached as part of this agreement. 9 R:\Agreenebts\Landdev\Vail Cooper - Roripaugh Agreement EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:\Agreenebts\LanddevWail Cooper - Roripaugh Agreement 00 C 0) 0 0:00 .- > ~o .....(I)c ell .2CO):J o E 0 ~ t5 0.. 0) oO)oE 0.. 0.. - 0) 0000)1- ..... C > 0.. ~ +-' C 000"'0 81J~ :J...J ..... .... 0) OO.r;: C+-, o ..... 0.2 <D o o N cD N \of- 't: o Co >-<( .... o ~~ ; '"' ~ ~. ~ N ~~ .. ----- . ~ ~ !~ ----- N . " ~ " ~ ~ N --- - ! -, '" _ M ---- ~ ~ . . ~ . ! . N ~ M ~ g N i . . >-- ~ . ~ . , @ ~ -;-,- ~ ~ -:Tg~ --;--[~~~ I r:-I~~~_ ~ . l . . N ~ M ~ J!' " - . . E " ~ ~ . f}.e ~ u ~ ~ < < < < ~ ~ " " t t " " . . E E . . . . o ;!; ~ i3 o '" ~ .. " w .. 8 lJ :J ~ ,; " .9 ~ 0 . ~ ~ 0 . . . a '" .. . . " 0 0 ~ ~ 1l ~ ,; :Q ~ C . . > E a ~ 0 " 'C '5 , 0 "5 " ~ u .E . . E C a . . . . c- E a '5 ~ ~ '5 '" 0 '. [; (j . > ~ ~ " . " ~ N " ~ ~ ci ~ 0 0 M ~ '. . . ~ . . c 0 . ~ ~ 0 " "' ~ 0 '. 'u 0 0 . . . . :; 'E ~ ~ 11 0 . ~ ~ . . . , ~ . -0 ~ . 0 ~ . '5 . . . "E . . w ~ ~ " " g 0; " . ~ N > .. '" . 0 lJ E E ~ . ,g ~ " " -0 . . :; . .. .9 ~ . > 0 :; l!. . 0 . 8 . t: '5 D . t:l . 0 " 0 " a . , 0 . , 0 E 0 .l2 ~ 0 :E .l2 ~ ~ ~ :2 ro >. 0 .l2 . S .. . . ~ ~ > . ~ ~ .E " .. E 0 , , . ~ ~ Ii . . ~ ,11 ,11 -0 . . . :s 8- . . . ~ :s . .. .. , ~ . e ::> . . " . ~ ~ . 0 0 ,E ~ ~ " 0; 0 e e ..~ " S 0 , ;la.. .. 0 c ~- 0; ~ ," . E . 2< :E 0 '" (j C- o 0 0 .0 ~~ '" .; ~ " N N I~-- . , II ITEM NO.9 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ /JIL ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 9,2006 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Rancho Vista Road Sidewalk, Project No. PW05-01 PREPARED BY: Greg Butler, Principal Engineer Avlin R. Odviar, Associate Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Rancho Vista Road Sidewalk Project, PW05-01. BACKGROUND: The project will construct concrete sidewalk behind existing curb and gutter along the south side of Rancho Vista Road approximately between Ynez Road and Mira Loma Drive. Construction will involve clearing and grubbing, adjusting/relocating utilities and roadside signs, erecting a retaining wall, and minor restoration of landscaping and irrigation systems. Upon completion, the project will provide ADA compliant access to and from surround neighborhoods and schools. This project meets the requirements of, and will be funded in part by, the State's SB 821 Bicycle and Pedestrian Facilities Program. The plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the City Engineer's office. The Engineer's Construction Estimate for this project is $190,000. FISCAL IMPACT: Sources of funds for this capital improvement project include Senate Bill 821 and Assembly Bill 2766. Additional funds may be necessary to award the construction contract and cover administration costs. ATTACHMENTS: (1) Project Location (2) Project Description ~ ~ "I ~ ... J.l ~ g ~ <12 ~ ~ ~ t- ~ ~ a a: g t ~ -~ >- ~ o ~ fiJ ill a: ~ '<11L\"""" ~ :l o o r '" oMAO~ ulAAl - ( -~ @ (J C ->.:I t> r:; c ~ ;; 'i:l .... E-< tl '" .- o ... "" z~ \ ..... ~ ~ ~ ~ e rn ~ ~ 4. ,.... ~ e ~ z. ~ ""' ~ u tI) ~ A t .~ >-.; C ~ .~ .; ~ \ </J " ~ </J o - '" g ?< g <l:; ~ ~ ~ .~ ';> o ..g ~ """' o ,g .~ on e ~ ~ - ~ .:;; ... " ,g .~ on " ,,~ ~ \S gg :g.~ 4:\t;; ,s,s ~ ~ .... ~ .~ '" 'k ll-< ~ \;j ~ "Cl ~ ~ ...- .<1 ~ .~ ;;> o ... ~ .~ ~ % -0 .r< '" ~ ~ o ~ "0 ~ 'a ~ ~ B " .g ~ ~ """' o a .~ U ~~ ~a >r>O -0 0 ~-o ~g M? . bll o .~ ~~ g ~ g"" o,g -< " \'0 ~.a ,,:::l o .r< ~i:< .~ ~ ~'e: p..p.. ..,00000 _00000 Q~if!OOVlO r-: _ r: ..i) ~ ....;0::. t;~M"'''' 0 o .. .-. u8 ~ 5 a .:<. " ~ -0 --a '(3 \ o ;0; .~ ~ ,g .,;; ~ -0 g on -0 c. {; on .8 \ g .s '" ,g " ~ " ...0 ~.... e'~ r,"O .. " ;>. '" p,;}, '" '" '" '" '" ~\ i\ \\ "" C> . B ~ " ;;> B .~ ~ g '" ~ o ..~ Po g '" '" o 't .~ -: ..(.e ~ o U ~ .~ '" .... ~~ "$ ~ '" ~,.... \\ \\ q\ ~\ \\ 0000.0 \O~gg~g ~r-.:'\!S-.;f--'&. to N .....-l \.CI 0 C> ... C> M f;P.rf;hVtf!:F7Y7 Of) .@ " " ....__________ .$1 bll g &l. ',l:l g a '" .....sa tl P P .~ ~ ~ ~ ~ -B .... g l'l ~ ~ & u 8~ \ >r>"'O Mr-o 00.-.0 000C;:; -o~o ...... ",<F>"'" <C ..... ..... '" '" ::::. .-. M ;;l bll o:::,j:o.g c"~ ';>-:. a >r>~:Q&. ..g'Ol W ~ "0 ",</J-<b ~ 8~ ~S ':6\;ro< 0"0 ~ ~ to .... .... l::l ~ih Ii - I. ITEM NO.1 0 I I Approvals City Attorney Director of Finance City Manager JM.("" /iJL tf CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 9,2006 SUBJECT: Award the Construction Contract for Rancho California Median Modifications between the 1-15 and Ynez Road - Project No. PW05-04 PREPARED BY: Greg Butler, Principal Engineer Mayra De La Torre, Associate Engineer RECOMMENDATION: That the City Council: 1. Award a construction contract for Project No. 05-04, Rancho California Road Median Modifications between Interstate 15 and Ynez Road to Elite Bobcat Service, Inc. in the amount of $266,287.75 and authorize the Mayor to execute the contract. 2. Authorize the City Managerto approve change orders notto exceed the contingency amount of $26,628.78, which is equal to 10% of the contract amount. 3. Authorize a transfer of $80,000 of Developer Impact Fees (DIF) for Streets from the Diaz Road Realignment Project to fully fund this project. BACKGROUND: On March 21,2006, the City Council approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for Project No. 05-04, Rancho California Road Median Modifications between Interstate 15 and Ynez Road. Identified in the City Council's Capital I mprovement Program Budget for Fiscal Year 2006-201 0, this project will provide 1 additional eastbound through lane on Rancho California Road. Improvements include, but are not limited to: removal/reduction of the existing raised median, pavement, signage & striping, traffic signalization modifications, landscaping and any other associated work, as required. No additional right-of-way is required; existing curb & gutter on the north and south sides of Rancho California Road are to remain in place. As Rancho California Road is a highly used urban arterial highway in Temecula, the project will increase the roadway's capacity as well as improve overall traffic circulation within this area. One (1) bid was received and publicly opened on Monday, April 24, 2006. The results were as follows: 1. Elite Bobcat Services, Inc. $266,287.75 A copy of the bid summary is available for review in the City Engineer's office. Staff has reviewed the bid proposals and found Elite Bobcat Services, Inc. to be the lowest responsible bidder. Elite Bobcat Services, Inc. has performed and successfully completed similar projects in other public agencies. The Engineer's estimate for this project was $230,000.00. The specifications allow for twenty-five (25) working days for the completion of Phase 1 and ten (10) working days for the completion of Phase 2 of this project. Phase 1 primarily includes the median modifications and Phase 2 includes the traffic signalization modifications. FISCAL IMPACT: The Rancho California Road Median Modifications between Interstate 15 and Ynez Road, Project No. PW05-04, isncluded in the City's Capitallmpro vement Program. The total estimated cost is $351 ,647.54, which includes the contract amount of $266,287.75, a 10% contingency amount of $26,628.77 and other costs as shown below. To fully fund this project, staff recommends that the Developer Impact Fees (DIF) for streets be transferred from the Diaz Road Realignment Project (Account No. 210-165-632-5804) to the Rancho California Road Median Modifications Project, PW05-04, Account Nos. 210-165-752-5804 and -5805. With the transfers shown below, sufficient funds will be available for this project. APPROPRIATION DETAILS I Account No. FY 05-06 FY 05-06 Expen. & Transfer Adjusted 210-165-752- Appropriation Encumbrances Balance I 5801 Admin $ 45,000.00 $ 5,168.75 $ 0.00 $ 39,831.25 I 5802 Design $ 35,000.00 $ 34,248.50 $ 0.00 $ 751.50 I 5804 Constr. $ 240,000.00 $ 8,935.21 $ 62,000.00 $ 293,064.79 I 5805 Constr. Eng $ 0.00 $ 0.00 $ 18,000.00 $ 18,000.00 I TOTALS: $ 320,000.00 $ 48,352.46 $ 80,000.00 $ 351 ,647.54 ATTACHMENTS: 1. Location Map 2. Project Description 3. Contract ~ 1 ~ t ~ >l"l ... ~ ~"" 0 ~ t l:Q <IJ ~ S ~ ~ ..... % ,... ~. ~ "'"""" ~ !" ~ '> ! Iff < it ~ ! ~ . ~ u i u ~ ~ t< "0 <::) .... ~ ~~ .... !;:. \,.) l.-' ~ ~ " <::) .- ~ .. ~ ..... I~ Ig ..s .~ - "" '" a B " .'0 000\ ~ ~ .,g o~oooo ~ r-._OnO"o"o.. .~ .4Jo..V1lr1OC> .~ ~a<tNOf>'" ~ '" l o '" '" - .~ U , OIl U V'} fA fA-G'9 .8 g . '" c:l ,6 () " . ~ " " " 1\ \ " >>g }; .0- '" ~""@ II ..... 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() C '" S '" .l:l ::;;: ti ~ " C) :.:;' U ,'<'< p,<cfil "" "" fhl ""::;;: E-' ~ ~ ~ l'l ~ 0 ~ ~ U dl " g ~ I'l ~ ..'S l:l : ~i:l -= ~ .~ ~ ~ ~ 0 <!6 l;,) ....~ r- ):1 .~ 0 ..... 'S n 0 ~ '~ t$.~ ~ l.t'~ ;0,) 13 0 4.l " .. " " ~ ~ .~ .~, ~ ~Fl< ~ e e ,4) '" 8 <= .. ~ ~c:l c:l,<ll ll:l AUE-' \>i< CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW05-04 RANCHO CALIFORNIA ROAD MEDIAN MODIFICA TlONS BETWEEN INTERSTA TE 15 AND YNEZ ROAD THIS CONTRACT, made and entered into the 9th day of May, 2006, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Elite Bobcat Service, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW05- 04, RANCHO CALIFORNIA ROAD MEDIAN MODIFICATIONS BETWEEN INTERSTATE 15 AND YNEZ ROAD, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW05-04, RANCHO CALIFORNIA ROAD MEDIAN MODIFICATIONS BETWEEN INTERSTATE 15 AND YNEZ ROAD. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW05-04, RANCHO CALIFORNIA ROAD MEDIAN MODIFICATIONS BETWEEN INTERSTATE 15 AND YNEZ ROAD. 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 C.1R:\CIP\PROJECTS\PW05\PWOS-04 RCR Median Mod\Agreemenls Contracts\Conslruclion Conlract.doc and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW05-04, RANCHO CALIFORNIA ROAD MEDIAN MODIFICATIONS BETWEEN INTERSTATE 15 AND YNEZ ROAD All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO HUNDRED SIXTY SIX THOUSAND SIX HUNDRED TWO HUNDRED EIGHTY SEVEN DOLLARS AND SEVENTY FIVE CENTS ($266,287.75), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed thirty five (35) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. TIME LIMITS OF WORD The work to be performed in Phase 1 shall be completed within "twenty-five" (25) working days after execution of contract and Notice to Proceed has been issued. The Contractor shall remobilize for Phase 2 no later than 2 weeks Notice from City and shall complete the work within ten (10) working days of commencement on the Phase 2 work. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the CONTRACT c.2R:\CIP\PROJECTS\PW05\PW05-04 RCR Median Mod\Agreemenls Conlracts\Construclion Conlract.doc work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencurnbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. payrnents shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to prornptly notify CITY of any such delay. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT C-JR:ICIP\PROJECTS\PW05\PW05-Q4 RCR Median Mod\Agreemenls Contracls\Conslrucfion Contracldoc 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims 0 r items i n connection with a Stop Notice which h as been filed under the provisions of the laws of the State of California. CONTRACT G-4R:\CJP\PROJECTS\PW05\PW05-04 RCR Mediafl Mod\Agreemenls ConlraclslConslruction Contracl.doc 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of t he 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 t he City of T emecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT c-sR:\CIPIPROJECTSIPW05\PW05-04 RCR Median Mod\Agreements ContractslConstruclion Conlract.doc 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of T emecula 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 92590-3606 CONTRACT C.6R:\CIP\PROJECTS\PWOSIPW05-04 RCR Mediafl Mod\Agreements Conlracls\Construclion Conlract.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Elite Bobcat Service, Inc. 1320 E. Sixth St., Suite 100 Corona, CA 92879 (951) 279-6869 Joseph A. Nanci, President/Secretary DATED: CITY OF TEMECULA Ron Roberts, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk CONTRACT C.7R:\CIPlPROJECTS\PWQ5\PW05-04 RCR Median Mod\Agreements Contracls\Construclion ConlracLdoc Ii - I. ITEM NO. 11 I I Approvals City Attorney Director of Finance City Manager ~ iJll ~g CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 9,2006 SUBJECT: Intersection Traffic Monitoring System - Project No. PW05-05 PREPARED BY: Ali Moghadam, Principal Engineer - Traffic RECOMMENDATION: That the City Council: 1. Award a construction contractforthe Intersection Traffic Monitoring System, Project No. PW05-05, to Crosstown Electrical & Data, Inc. in the amount of $128,443.00 and authorize the Mayor to execute the contract. 2. Authorize the City Managerto approve change orders notto exceed the contingency amount of $12,844.30, which is equal to 10% of the contract amount. BACKGROUND: The City Council allocated $155,000.00 for the installation of CCTV Cameras for two (2) intersections on Rancho California Road in the Fiscal Year 2005/2006 Capital Impovement budget. The two (2) intersections on Rancho California Road are Via Las Colinas and Margarita Road. An overall review of the City's traffic related infrastructure improvement projects revealed that plans for installation of interconnect conduit and cable on Margarita Road south of Rancho California Road (PW04-05) includes installation of conduit on Rancho California Road. It was determined that after completion of the traffic signal interconnect equipment, Project No. PW04-05, existing conduits can be used to install the fiber optic cable and CCTV Cameras on Rancho California Road. Therefore, staff solicited the contractor who installed the existing CCTV Camera System to provide a bid to install CCTV Cameras and related equipment at other intersections. The proposed project includes installation of CCTV Cameras at the following locations. 1. Replace two (2) existing Pelco Cameras on 1-15/Winchester Road and 1-15/Rancho California Road with Cohu Motion Stabilizer Cameras to eliminate effect of wind on 40 foot camera poles. Pelco Cameras will be used at other intersections. 2. Install CCTV Camera and equipment at the intersection of Jefferson Avenue and Overland Drive. 3. Install CCTV Camera and equipment at the intersection of Winchester Road and Nicolas Road. 4. Install CCTV Camera and equipment atthe intersection of Diaz Road and Rancho Way. This camera may provide view of the Low Flow Crossing. 5. Install CCTV Camera and equipment at the intersection of Margarita Road and North General Kearny Road. 6. Upgrade the existing video switch in City Hall for additional CCTV Cameras. Since this project is less than $175,000.00, public bidding process is not necessary. In addition the City currently has an agreement with Crosstown Electrical & Data, Inc. for maintenance of the existing CCTV Cameras and equipment. Crosstown Electrical & Data, Inc. installed the existing CCTV Cameras and equipment and is very familiar with the City's existing system. FISCAL IMPACT: The Intersection Traffic Monitoring System project is included in the City's Capital Improvement Program funded with Development Impact Fees - Traffic Signal. Adequate funds are available for the total construction/installation amount of $141 ,287.30 which includes the contract amount of $128,443.00 plus 10% contingency amount of $12,844.30. ATTACHMENTS: 1. Location Map 2. Project Description 3. Contract ,~, I, ." .',,::., ",1 \% 'a\ ~ '" c ~ ';1, <ll \ ~ 'S o.U ~(1) ~~ ~\- (1) ..... , 4. 0" .,.. 'ii~ ,v" i", ~,c""P . ..... ",j( H 0-- ~'-.. -"",,' ~'!P".., " J~~ri~ if;-' ,nh'tlJ ". '_:' ,((:0,'''''/ .... % ~ ~ t', ?;; t.:l % ~ ~ ~ ~ ~ e ~ ~ z o ~ ~ Vl l"l Q. t ~ .0 ~ V") ''''~e q ",J? 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" >.) a 'i:l \B ., ol:O'th "" tl 7:- y:; en U) '8.e ~ U} ~'p " 0 0> .i):;:;\ .~ p:=.J? ~ o " .... ~ .~ {) 0 ....,,....,,,, 'G"a~g S:S~"O $ \j\ >.) ~ ~ l:l " 'b .... .~ ;;;l '" 0 1:)0 ~ 0... '0 ~ t;:.-. <F> /!4 "~ ..~ ap.. ~$ ~ <:0 U "'t " .- <:0 .' '"' ~p... ~~ ~~ >i:l"'" p .g B " .... Jj t$ .~ B Sb $ a 'Ie.... l"l >d 6 1Eo 4.UClt-' .". "., <il Sb .tfi >.) ~ .... t-' ~ JJ&., 1<:$ ~ ~ bb t\ .;; 0~00 o \0 ~ 0, % \>< l.()'a)~ ~ b ""CI"'" ~ '" .. 8~ $~ ~I"< o"a " " ~~ \0<<'" CITY OF TEMECULA CONTRACT AGREEMENT FOR INTERSEC'fION TRAFFIC MONITORING SYSTEM INSTALLATION OF FIBER OPTIC and CCTV SYSTEMS PROJECT NO. PW05-05 THIS CONSTRUCTION CONTRACT, made and entered into as of May 9, 2006 by and between the City of Temecula, and Crosstown Electrical & Data, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Term. This Agreement shall commence on May 9, 2006 and shall remain and continue in effect until May 9, 2007 unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. 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 in writing by the City. 3. COST OF WORK. For the Work described in Section 1. of this Agreement Contractor shall receive the sum of One Hundred Twenty Eight Thousand Four Hundred Forty Three Dollars and No Cents ($128,443.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit B. Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibits A or B is null and void and not part of this Agreement. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, 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. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be fumished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. CHANGE ORDERS. The City Manager may approve additional payment up to ten (10%) of the Agreement, but in no event shall the total sum of the Agreement (basic contract amount and change order(s)) exceed twenty-five thousand dollars ($25,000.00). Change orders exceeding. these limits shall be approved by the City Council. R:\CJP\Projects\PWD5-05\Crosstown Camera Installation 7. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to 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 City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 8. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under"this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, 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. 2 R:\CIP\Projects\PW05-05\Crosstown Camera Installation 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. 11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form 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 Insuranc~. 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. 3 R;ICIPIProjeclsIPWOS-OSICrosstown Camera Installation 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. (2) For any claims related to this project, the Contractor's. insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by 'either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coveraae. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 4 R:ICIPIProjectsIPW05-05ICrosstown Camera Installation g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. PERFORMANCE AND LABOR MATERIAL BONDS. Prior to commencement of the Work, Contractor shall provide the City with a Performance Bond in the amount of the contract and a Labor and Materials Bond in the amount of the Contract from a surety acceptable to the City. 14. TIME OF THE ESSENCE. Time is of the essence in this Contract. 15. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 16. 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 emRloyees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 17. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 18. 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. 5 R:\CIP\Projects\PW05-05\Crosstown Camera Installation 19. 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. 20. UTILITY LOCATION. District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. 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. 23. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 24. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of T emecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Crosstown Electrical & Data, Inc. 5463 Diaz Street Irwindale, California 91706 David P. Heermance, Regional Director 25. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 26. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 27. GOVERNING LAW. The 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 T emecula. 6 R:\CIP\Projects\PW05~05\Crosstown Camera Installation 28. PROHIBITED INTEREST. No officer, or employee of the CityofTemecula 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. 29. 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. 30. 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. fill fill 7 R:\CIP\Projects\PWD5-05\Crosstown Camera Installation IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Crosstown Electrical & Data, Inc. 5463 Diaz St. Irwindale, CA 91706 Phone: (626) 813-6693 FAX: (626) 813-6604 David P. Heermance, Owner 8 R:\CIP\Projects\PW05-05\Crosstown Camera Installation EXHIBIT A SCOPE OF WORK AND SCHEDULE OF PAYMENT INTERSECTION TRAFFIC MONITORING SYSTEM INSTALLATION OF FIBER OPTIC and CCTV SYSTEMS PROJECT NO. PW05-05 9 R:\CIP\Projects\PW05-05\Crosstown Camera Installation April 26, 2006 Mr. Jerry Gonzales City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Mr. Gonzales: Crosstown Electrical and Data, inc. is pleased to present a quotation to install fiber optic and CCTV systems in the City of Temecula. Item 1 - Replace 2 Existing Pelco Cameras with Cohu 3925 Dome Cameras. Scope of Work: 1.) Remove existing Pelco Cameras at 2 locations. 2.) Modify cabling and connectors as required. 3.) Salvage 2 Pelco cameras to be used in items 2 and 3 below. The price to perform this work is $9,360. Item 2 - Work at Jefferson and Overland - Install CF Camera and New CCTV Cabinet Scope of Work: 1.) Provide and install new CCTV cabinet on new foundation with pullbox. 2.) Install City Furnished CCTV camera on existing pole 3.) Install new CCTV cable from CCTV cabinet to CCTV camera 4.) Install new video/data transmitter in CCTV cabinet 5.) Provide and install new video/data receiver at Hub. 6.) Install fiber optic breakout cable. 7.) Splice breakout cable to existing fiber optic trunk line. 8.) Terminate breakout cable in CCTV cabinet. 9.) Provide integration with existing and update documentation. The price to perform this work is $19,300. Item 3 - Work at Nicolas and Winchester -Install CF Camera and New Hub cabinet with Multiplexer. Install Demultiplexer at City Hall. Scope of Work: 1.) Provide and install new CCTV/HUB cabinet on new foundation with pull box. 2.) Install City Furnished CCTV camera on existing pole 3.) Install new CCTV cable from CCTV cabinet to CCTV camera 4.) Install new video multiplexer, rack, and network management board in CCTV cabinet 5.) Provide a new video Demultiplexer in existing rack at city hall. 6.) Provide integration with existing and update documentation. The price to perform this work is $22,100. Item 4 - Install 24 fiber single mode cable on Winchester between Margarita and Nicolas. Scope of Work: 1.) Provide and install new cable in existing 3" conduit that contains interconnect cable. 2.) Terminate all fibers on patch panel in hub at both ends. The price to perform this work is $12,500. 5463 Diaz St. lnvindale, CA 91706 Phone (626) 813-6693 Fax (626) 813-6604 Item 5 - Work at Rancho Way and Diaz -Install New Camera, New CCTV Cabinet, and Fiber to City Hall. Scope of Work: 1.) Provide and install new CCTV cabinet on new foundation with pullbox. 2.) Provide and install ~CCTV camera on existing pole. 3.) Install new CCTV cable from CCTV cabinet to CCTV camera. 4.) Install new video/data transmitter in CCTV cabinet 5.) Provide and install new video/data receiver at City Hall. 6.) Install fiber optic breakout cable from CCTV cabinet to City Hall. 7.) Splice breakout cable to existing fiber optic trunk line in vault at City Hall. 8.) Terminate breakout cable in CCTV cabinet. 9.) Provide integration with existing and update documentation. The price to perform this work is $29,200. Item 6 - Work on Margarita from N. General Kearny to Winchester - Install New Camera, New CCTV Cabinet, and Wireless Equipment.. Scope of Work: 1.) Provide and install new CCTV cabinet on new foundation with pullbox. 2.) Provide and install new CCTV camera on existing pole. 3.) Install new CCTV cable from CCTV cabinet to CCTV camera. 4.) Install wireless equipment on existing poles at both locations. 5.) Provide and install fiber optic video/data transmitter in CCTV Cabinet 6.) Provide and install new video/data receiver at hub. 7.) Provide integration with existing and update documentation. The price to perform this work is $29,300. Item 7 - Upgrade existing video switch from 16 X 16 to 32 X 16. Scope of Work: 1.) Upgrade existing video switch to add 16 new camera inputs. The price to perform this work is $2,400. The subtotal to perform this work is $124, 160. The cost for a 100% payment and performance bond on this work is $4,283. The total price for this work, including the bonds, is $128,443. Please call me if you have any questions concerning this quotation. Sincerely, David P. Heermance Regional Director 5463 Diaz St. Irwindale, CA 91706 Phone (626) 813-6693 Fax (626) 813-6604 Ii - I. ITEM NO. 12 I I Approvals City Attorney Director of Finance City Manager ~("" 11/2 ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 09,2006 SUBJECT: Award the Construction Contract for the Bridge Fencing at Rancho California Road Overcrossing and Overland Drive Overcrossing at Interstate 15 Project No. PW05-09 PREPARED BY: Greg Butler, Principal Engineer William Becerra, Assistant Engineer RECOMMENDATION: That the City Council: 1. Award a construction contract for Project No. 05-09, Bridge Fencing at Rancho California Road Overcrossing Bridge and Overland Drive Overcrossing Bridge at Interstate 15, to Alcorn Fence Company in the amount of$195,727.50 and authorize the Mayor to execute the contract. 2. Authorize the City Managerto approve change orders notto exceed the contingency amount of $19,572.75, which is equal to 10% of the contract amount. 3. Authorize a transfer of $230,000.00 of Capital Project Reserves from the Localized Storm Drain Project to fully fund this project. BACKGROUND: On March 28, 2006, the City Council approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for Project No. 05-09, Bridge Fencing at Rancho California Road Overcrossing and Overland Drive Overcrossing at Interstate 15. The Bridge Fencing at Rancho California Road Overcrossing and Overland Drive Overcrossing at Interstate 15 project is identified in the City's Capital Improvement Program Budgetfor Fiscal Years 2005-2006. This project will retrofit the southerly side (east bound direction) of each bridge with chain link railing atop the existing concrete barriers. This modification will provide additional safety for non-vehicular traffic traveling across the bridges. Four (4) bids were received and publicly opened on Thursday, April 20, 2006. The results were as follows: 1. 2. 3. Alcorn Fence Company R.J. Bullard Construction, Inc. D.C. Hubbs Construction $ 195,727.50 $ 222,492.00 $ 261,158.00 A bid was also received from C&W Construction Specialties, Inc., but deemed as unresponsive and was disqualified; the City Attorney's office concurred. A copy of the bid summary is available for review in the City Engineer's office. Staff has reviewed the bid proposals and found Alcorn Fence Company to be the lowest responsible bidder. Alcorn Fence Company has extensive experience in the installation of Chain link railing and has successfully completed similar projects for other city agencies. The Engineer's estimate for this project was $145,000.00. The specifications allow fifteen (15) working days for the completion of the project. FISCAL IMPACT: The Bridge Fencing at Rancho California Road Overcrossing and Overland Drive Overcrossing at Interstate 15 project is included in the City's Capital Improvement Program. The total estimated cost is $238,000, which includes the contract amount of $195,727.50, a 10% contingency amount of $19,572.75 and Project Administration costs. Staff recommends that Capital Project Reserves be transferred from the Localized Storm Drain Improvement Project, to the Bridge Fencing at Rancho California Road Overcrossing and Overland Drive Overcrossing Bridge at Interstate 15 project, PW05-09, Account 210-165-722-5804 to fully fund this project. Funds previously held in the project account were expended to construct the Barrier Rail Project, Project No. PW01-09. With the recommended transfers sufficient funds will be available for the project: ATTACHMENTS: 1. Location Map 2. Project Description 3. Contract MARGARITA RD LOCA TlON OF. CONSTRUCTION .'OVERLAND DR LOCATlON OF CONSTRUCTION RANCHO CALIFORNIA RD LOCATION MAP ~ H- i RANCHO CALIFORNIA RD \ ,~~ ~~ ~.~ ~ 0 ~~ "".;:'. ~~ !:l'~ o 0..... .., ;>-, ~-~ ",U A1\ .......... 1~ ;;; ,,&Oll dJ .~ 0~ o '" \:l ~~ ..gO '" ;>-, po. " '<3% ? '" o<l:l ~.B ~B "':!l o.~ ~e U'<3 ;;;'~ o.s:o ~'" .;.-.! -m. ".... . I'4g~ ~o-.o ~ o'C ~ bn..o 'd'~ ~ H1n4-' H'..-I t.j--( y~O P '" on ${l~ ..... on 4)'-PA ~O+-' <E.tg is .S 1'4 B 'a '" <l~~~ g go (l) ~ U 1'40 e Q'\ -a.~ q u i:<i r-' ~ {3 '" 0 "" ~. " ~ ~ <g 0 0<P. ofr ..... ~i ...."'0 U.~ ,,- r~~ o u''iJ1 '" '" on P-l,,-,o o \:l ~ P. ~ '" '" ? -..0-60 co ...~ ~s,,, '" ::( g o <l:l ~ci", Cd .~ 0 C)~$ ~ ~'ca lii ~<i'.,J;; {l "'a ~.;-< '" '" ~~[) '" ',,"'..0 .........~ R i) P:\ $ 'S'" '" ~~~~ r-: 'i~ '\2 ~~ 5 .-..000 oJ; {l " M. ~J;'~ o 'p <0 0 ~ ,~~.~ ~ ~ t/l 1U ;::s :.:::i. t3 g~~fl ~Sbn~ \ l}',){j1 ~~\~ ~ >' t/l~ .~ ~ ~e - '" ",-,< ~ ~ "a .~ .... .... ~ ~ P-< t ~ ~ ~ ~ \ ~ "'" ~ ~ ~ ~ ~ ~ ~ ~ ~t ~~ %~ z g ~ ~ >;,) tI1 lJ;:l .Q. ~ l;,) ~ ~ ;; ~ "'" ~ .,.., e P-< 0; ;:a "",'~ ~.S' .~ b C) r#I- t.~ ~ ., .,.., " '" 'a.... ",P-< .~"O ..~ ., E A'" ~ :i~g g M~M~ .t~~~; UUfhfhfhfh \\ \ \ i\ \ \ ~ ~ . g M C> of) C>~of) If)r-O\...-'I t-oo-'oo NNoO'"" ('<)a.nl/"'l<<:::t M'" fF}fFJf:FJfF} ..,. '" ~\ \ \ ..... ~ '" on ~ \t\ " j:; '" ~ .... fh g '8~ <-'-0 ~~ fh fh~ ., '" j:; r/"J , <f) '" ;?:;~o ,"l:\1-<~ % ~ ~ g 4: ~ p.,\1-< 'i)$~bi> .~ 'g to.E\ g.?ag~ o ~ ",P-< '" ~]%~~ g.~(:q"O fhUA:t:f- 0000 \,f; '00 -'....... <::> 00 MM oh ...0 00...0 'ZS~~M~ M fh"""''''' a~ "'~ ~~ 0'" .... po.'" of) ~Q~ oi~ ~A~ ~$ ~ '" U ~ .,.., '" .... gP-< .,-a e '" ~I-' g 'p '" c:s .S -mt) '.\. ~ 5b. ~ p 'M ~ " 0 '" 0 <<,UOf- ~ I::) ~ U'tl "$~ "6':: o '" ~ ~ ~'a "",,!h CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW05-09 BRIDGE FENCING A T RANCHO CALIFORNIA ROAD OVERCROSSING AND OVERLAND DRIVE OVERCROSSING THIS CONTRACT, made and entered into the 9th day of May, 2006 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Alcorn Fence Company, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW05- 09, BRIDGE FENCING AT RANCHO CALIFORNIA ROAD OVERCROSSING AND OVERLAND DRIVE OVERCROSSING, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical SpeCifications for PROJECT NO. PW05-09, BRIDGE FENCING AT RANCHO CALIFORNIA ROAD OVERCROSSING AND OVERLAND DRIVE OVERCROSSING. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical SpeCifications for PROJECT NO. PW05-09, BRIDGE FENCING AT RANCHO CALIFORNIA ROAD OVERCROSSING AND OVERLAND DRIVE OVERCROSSING. 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 C-1 R:ICIPIPROJECTSIPW05IPW05-09 Bridge FencinglAgreementlConstruction Contract.doclAgreementlConstruction Contract and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW05-09, BRIDGE FENCING AT RANCHO CALIFORNIA ROAD OVERCROSSING AND OVERLAND DRIVE OVERCROSSING All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED NINETY FIVE THOUSAND SEVEN HUNDRED TWENTY SEVEN DOLLARS and FIFTY CENTS ($195,727.50), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed fifteen (15) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT C-2 R:ICIP\PROJECTS\PW05IPW05-09 Bridge FencinglAgreemenftConstructlon Contract.doclAgreemenftConstruction Contract B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be rnade sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be rnade on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT C-3 R:ICIPIPROJECTSIPWOS\PW05-09 Bridge FencinglAgreementlConstruction Contract.doclAgreementlConstruction Contract 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Departrnent of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims 0 r items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. CONTRACT C-4 R:ICIP\PROJECTSIPW05\PW05-!19 Bridge FencinglAgreementlConstruction Contract.doclAgreementlConstruction Contlact 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than t he City of T emecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT C-5 R:ICIPIPROJECTSIPW05IPW05.09 Bndge FencinglAgreementlConstruction Contract.doclAgreemenfiConstruction Contract 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works/City 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 92590-3606 CONTRACT C-6 R:ICIPIPROJECTS\PW05\PW05-09 Bridge FencinglAgreemenftConstructlon ContractdoclAgreemenftConstruction Contract IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Alcorn Fence Company 9901 Glenoaks Blvd. Sun Valley, CA 91352 (323) 875-1342 Greg Erickson, President Gloria Y. Venzon, Sec'ylTreas/CFO (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA Ron Roberts, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT C-7 R:ICIPIPROJECTSIPW05IPW05-09 Bridge FenclnglAgreemenftConstruction ContractdoclAgreement\Construction Contract Ii - I. ITEM NO. 13 I I Approvals City Attorney Director of Finance City Manager V ell ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 9,2006 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Phase 2 of the Maintenance Facility Expansion/Field Operations Center, Project No. PW 03-06 PREPARED BY: Greg Butler, Principal Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for phase 2 of Maintenance Facility Expansion/Field Operations Center, Project No., PW03-06. BACKGROUND: On September 13, 2005, the City Council awarded a contractforthe construction of phase 1 of the project which included construction of the parking area including earthwork, grading, and paving, site utility service connections, on site drainage systems, parking lot lighting, erosion control, irrigation and landscaping. Phase 2 of the project will constructthe balance of the Field Operations Center including the roughly 17,000 sqft building, the corporate yard with covered equipment parking and bulk material storage, wash bays, and secured covered storage areas. The plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the City Engineer's office. The Engineer's Construction Estimate for this phase of the project is $6,685,000. FISCAL IMPACT: Sources of funds for this capital improvement project include Capital Project Reserves and Development Impact fees (Public & Corporate Facilities). ATTACHMENTS: (1) Project Location (2) Project Description ~ ~~"E. JE.ff~~ ~ U "-' ~ 0 ~ ~ . w 8 on . C> ~ ~ 5 <.. 0" ~ '0 """, 0, ~. ~ "'" . ~ f;i;< tj ~ ~ \ ~ '. I ~ ~ u ~ , ..... ;,; t;.,. !;l \.j .~ Eo< z~ l:1 .... <J <:5: <II .- Il:: e I:l. P: '<tla:p.o .... ~ ~ j:o< ~ .... ~ v '" ~ .... ~ ~ o ~ ~ ~ .... ~ e <t \0< ~ ~ \ z ~ ~ ~ ~ A .... u l:; o ~ ~ .... .... ~ .- '" ... j:o< ,,8 ~ ~ o. ... ~ 'P. '" '" '" '" '" Vv V> 00000 oo\F"iOIfl tn 00 ot,()... ~o...ooO'- MOO\.Os;g 0.,-11;,(")""--" ...0 c-: f/tf:AfF1f:F1~ ;;.~ ~ % ~\ i\ ~ "" , \; % ,; ~ if> o o ~d '-DO "" .- % '" -0 ~ q .~ ",-0 o~ ~g p.. .~ i: "" .~ ~ ...... " .~ ~ " ~ ...... o g .~ 1) ~ g <> . if> ~~ g,p. ,,-l E- if> ... ~.~ Q~ ,.q ~ .... ...... ~g .-o'.g ta ~ '-p. ......0 0-0 _, if>- ~ ~ ~ c-tllP. v)(l$"'O -0 " 0 ..-d)~. O}!," .-....\;1 "". ~ g. o .r<. if> 7<'" 0 ...... ,&<0 'g y. o. o ,. '" <> ,,- 'J,-o"Cl ....~ta I g"Cl ~.~ \;1 'H -;:::i '?- O'~ ".~B v.... '" ~go '$ .~ e: 0;:) B 0 p..p..<> ::::1 ~ ~ .~ v l3 ~ " ~ ;f3" '" .... 9. '" g "'fu '" " e o ~ <> ~ '" ~ '-B "" 1> '0 <l?, " \;1 g. if> o o o on - '" .... ~ ~ " 0 .... <> %~ ~g, '" .~ i8 ."" "" ~ ...... 'OJ ,; .g .~ :<6 '" -0 .g " ~ .g .~ ? e o '-Dg q~ 'g~ "" ('l 0'" ~~~~ ~ ~ ~ ~ S~ 0 ~S o o ~ t-" ~"" t$~ ,,00 eVt p.. ~ " ...'0 ~~ e"B ~" % p.~ ~ '" v ~ .. .- '" ,;a~ f.Q~ re~ ~.... \\ \\ f"1~~8 $ 0 (j>. t-.. <i';a;.~ ~~~'M ~-.:i ciJ if'Jf;PJf/t<:/t 00 00 00 00 ~~ V> V> <F> <F> 000 00'" ",00 ~cS'45 """,,-0 0'-'" v5 <F><F><F> o '" '" '" o o ~ V> 0'" "'.- .-'- ~ o '" - $ "" <F><F> <F><F> <F> oJ) .~ ~ .~ 'G); '" .~ ,;~ ~ ~Qoo ~ w 0 '0 '0 ~ \"~~~~~'~ '.a ~ ~ ~ .;;; 3 '" <t2.88P~~ ~ .~ "" ~ I"< " e o e: 8 ~ .~ "" ~ I"< .Y. '$ ~ , if> if> ~~~~ '" \Z-< l:. I"< %J~ ~ ~ ;;:p.~p. $ .... .B Oil ...... ~ ~ p, o p, .,-. '5 .~ 8%~ag '4~~~~ 0'-0;:. IV ~ ~~~"'O "'AvA.... ~ '" 8:a .,. :a ~\O< O"B ~~ ~ l:l \0<9., '" o .... \ e p. A IU ~ >;:C " ~. o U ;; "Cl " if> ';:0 '% 'ID >-< " ,0 % if> " ~ " ~ >-< t 11) "'0 7< Ii - I. ITEM NO. 14 I I Approvals City Attorney Director of Finance City Manager V 11/2 ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 9,2006 SUBJECT: Authorize Temporary Street Closures of Diaz Road between Rancho California Road and Winchester Road for the Diaz Road Pavement Rehabilitation Project, Project No. PW05-06 and Delegate Authority to Issue a Street Closure Permit to the Director of Public Works/City Engineer. PREPARED BY: Greg Butler, Principal Engineer - CIP RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURES OF DIAZ ROAD BETWEEN RANCHO CALIFORNIA ROAD AND WINCHESTER ROAD FOR THE DIAZ ROAD PAVEMENT REHABILITATION PROJECT, PROJECT NO. PW05-06 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE AN ENCROACHMENT PERMIT INCLUDING STREET CLOSURES BACKGROUND: On March 28, 2006, the City Council awarded a construction contract to RJ Noble for the Diaz Road Pavement Rehabilitation project. RJ Noble is scheduled to commence construction on or about May 15'h, 2006. The project specifications allow 70 workdays to complete construction, and allow the contractor to close lanes along Diaz Road between the hours of 8:00 PM and 5:00 AM to facilitate construction, but do not allow for complete road closures. RJ Noble has approached the City with a preliminary proposal to temporarily close segments of Diaz Road between the same work hours. Doing so will allow RJ Noble to complete the project in a more expeditious manner thus reducing the inconvenience to the traveling public and increasing the safety of both the workmen and the traveling public. The temporary closures will not require any additional assistance from the Public Works Department; the contractor will be providing all necessary detour plans and personnel to implement the closure nightly. The temporary closures will only be in place overnight with the full use of the roadway restored each morning. Night-time local traffic will be detoured around the closed segment each night. Access to local businesses with nighttime operations will be maintained. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessaryforthe safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10,1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public rights-of-way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager. However the resolution did not delegate authority to temporarily close streets for these special events. The subject resolution delegates the authority to approve temporary street closures for this specific project, The Diaz Road Pavement Rehabilitation Project, Project No., PW05-06, to the Director of Public Works/City Engineer. All other special events requiring temporary street closures, construction-related closures, etc, shall remain subjectto the approval of the City Council subjectto rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. FISCAL IMPACT: None. ATTACHMENTS: 1. 2. Resolution No. 2006_ Vicinity Map RESOLUTION NO. 06- A RESOLUTION 0 F THE CITY COUNCIL 0 F THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURES OF DIAZ ROAD BETWEEN RANCHO CALIFORNIA ROAD AND WINCHESTER ROAD FOR THE DIAZ ROAD PAVEMENT REHABILITATION PROJECT, PROJECT NO. PW05-06 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE AN ENCROACHMENT PERMIT INCLUDING STREET CLOSURES. THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY RESOLVE AS FOllOWS: WHEREAS, the California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and WHEREAS, the City Council desires toe stablish rules and regulations for t he temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close Diaz Road for the Diaz Road Pavement Rehabilitation Project scheduled to commence on our about May 15, 2006; and, NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City Engineer to approve the temporary street closures of Diaz Road for the Diaz Road Pavement Rehabilitation Project and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the Director of Public Works/City Engineer to permit the temporary street closures of Diaz Road for the Diaz Road Pavernent Rehabilitation Project scheduled to COrnmence on or about May 15, 2006, and affirms the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Ternecula this 9th day of May, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of the City of Temecula at a rneeting thereof held on the 9th day of May, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 1;\ i ~ -1l >~ .>" '" o \- -\t J\ ,+ u.1 C (f) \-" ~ -, ~ 0- o '" " is Ii> '" ~ ~ ~'::\ ~~ ~~ ~~ ~ ~ Ii - I. ITEM NO. 15 I I Approvals City Attorney Director of Finance City Manager V ell ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 9,2006 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Traffic Signal Installations at the Jefferson Avenue/Sanborn & Redhawk Parkway/Overland Trail Intersections, Project No.'s PW05-07 and PW05-08 PREPARED BY: Greg Butler, Principal Engineer RECOMMENDATION: That the City Council approve the plans & specifications and authorize the Department of Public Works to solicit construction bids for Traffic Signal Installations at the Jefferson Avenue/Sanborn Avenue and RedhawkParkway/Overland Trail Intersections, Project No.'s PW05-07 & PW05-08. BACKGROUND: The City's 5-year Capital Improvement Program includes the installation of various traffic signals at various intersections within the City. The proposed Traffic Signals at the intersections of Jefferson Ave & Sanborn Ave as well as the intersection of Redhawk Parkway & Overland Trail/Paseo Para lion are identified to be installed in fiscal year 2005-2006. The plans and specifications for these signals are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the City Engineer's office. The Engineer's Construction Estimate for both traffic signals is$ 295,000. FISCAL IMPACT: Sources of funds for this project include Development Impact Fees (Traffic Signals) and Capital Project Reserves. Additional funds may be necessary to award the construction contract and cover administration costs. ATTACHMENTS: (1) Project Location (2) Project Description ~ -- ( [QUITY QR ) , 1$':'1, SS-l 'i1A coRoDSA ---------- !:.OCATION JIIA!. 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(!j, u$~ Of> ~s :> .", ~o p-<P-< ..:; p~ z >,h >,h 0<-' g ~ E ~ ~ '" '6 <:> .. tI) <:> u:a ~ '" 0 g '$~ ;,; - ~ ~ .. <:> 'p g Q61>< ~}ooI ..... ~ ~p... .0 '" .g 0'0 1:,..) ~ "'0 .. ,., ~ 'Q '" " ~ ~ '" ~p... .a ~ 5b en e ~ ~ ~-a .~ E .~~ Q .- ~ 8 o ~ 0 >:= <:> ~ ~ ~rI1 ~? 4.0(:11-' 1><'" Ii - I. ITEM NO. 16 I I Approvals City Attorney Director of Finance City Manager ~ /J/2 ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Howard Windsor, Fire Chief DATE: May 9,2006 SUBJECT: Security Agreement PREPARED BY: Howard Windsor, Fire Chief RECOMMENDATION: That the City Council: 1. Approve an agreement with Securitas Security Services USA in the amount of $50,000 plus a 10% contingency for security services at Fire Station 95: BACKGROUND: Construction of the Roripaugh Ranch Fire Station began on April 11th, 2005. Prior to construction commencing the developer signed a licensing agreement to allow the city legal access to the site. Further, the licensing agreement addressed the developer's responsibility to pay all costs resulting from delays in construction of the Fire Station caused by the developer's action or inaction or for costs associated with the City's inability to use the Fire Station. As of today, the Roripaugh Ranch construction schedule indicates the roads and utilities that serve the Fire Station will not be available until some time later in the fall of 2006 (September to November). The City's construction contractor has completed the work, to the extent possible without having the permanent utilities and roads that serve the station in place. As such, the City is unable to occupy and operate this facility for its intended purpose. On or about May 01 , 2006, the contractor will be demobilizing his resources and will no longer be responsible for the security of the site. Due to the value of the facility and the contents within, it is necessary to maintain a level of security throughout this interim period of time until the station is opened and operational. After discussions with City Staff, including the Police Chief, it was determined that utilizing private security was the most reasonable solution to this situation. The City solicited proposals from three security vendors and received cost proposals from two companies. The selected company will provide 7 days a week 12 hours a day security services for Fire Station 95. The City notified the developer by mail on April 20th, 2006 of his responsibility for these services as per the licensing agreement discussed above. Security Services will begin after the developer has provided a fully executed deposit agreement and $50,000 deposit to the City. The deposit agreement is being reviewed by the developer and the deposit is anticipated very soon. FISCAL IMPACT: No fiscal impact exists as this agreement amount will be paid for by the Developer and through the deposit agreement. Attachments: Agreement STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 06-_ was duly and regularly adopted by the City Council of the City ofTemecula at a meeting thereof, held on the 11th day of April, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk NON-EXCLUSIVE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF TEMECULA AND SECURITAS SECURITY SERVICES USA INC. FOR SECURITY AT FIRE STATION 95 THIS AGREEMENT is made and effective as of May 22, 2006, between the City of Temecula, a municipal corporation ("City") and Securitas Security Services USA Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on May 22, 2006, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 22,2007, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. Contractor understands this Agreement is non-exclusive and the City reserves the right to purchase similar services from other Contractors. 3. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 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. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. R:\Finance\Purchasin\Agreements 05-06. M-Z.FIN05-19 5/2/2006 b. Contractor 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. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager may approve additional work up ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the Agreement exceed twenty- five thousand dollars ($25,000.00) or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Contractor 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 Contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the 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 4. 7. 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, 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. R:\Finance\Purchasin\Agreements 05-06. M-Z.FIN05-19 5/2/2006 8. OWNERSHIP OF DOCUMENTS. a. Contractor 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. Contractor 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. Contractor 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 Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The 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, 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 Contractor'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. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 0001 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 Contractor 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 Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. R:\Finance\Purchasin\Agreements 05-06. M-Z.FIN05-19 5/2/2006 (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. 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) 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 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 insured's as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provIsions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. R:\Finance\Purchasin\Agreements 05-06. M-Z.FIN05-19 5/2/2006 (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers 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 City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, 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 R:\Finance\Purchasin\Agreements 05-06. M-Z.FIN05-19 5/2/2006 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 Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, 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 Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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 Contractor: Securitas Security Services USA Inc 365 South Rancho Santa Fe #202 San Marcos, CA 92078 Attn: Robert Pascoe 15. 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. Upon termination of this Agreement, Contractor'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 Contractor. 16. 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. 17. 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 R:\Finance\Purchasin\Agreements 05-06. M-Z.FIN05-19 5/2/2006 concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of 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 Ron Roberts, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney R:\Finance\Purchasin\Agreements 05-06. M-Z.FIN05-19 5/2/2006 CONTRACTOR Securitas Security Services USA Inc. Attn: Robert Pascoe 365 South Rancho Santa Fe #202 San Marcos, CA 92078 robert. pascoe@securitasinc.com By: Name: Title: By: Name: Title: (Two Signatures of Corporate Officers Required For Corporations) R:\Finance\Purchasin\Agreements 05-06. M-Z.FIN05-19 5/2/2006 EXHIBIT A TASKS TO BE PERFORMED Securitas USA Inc shall provide security staff at the City of Temecula Fire Station 95, Roripaugh Ranch, per the attached Proposal for Services from the Contractor attached hereto and incorporated herein as though set forth in full. R:\Finance\Purchasin\Agreements 05-06. M-Z.FIN05-19 5/2/2006 EXHIBIT B PAYMENT RATES AND SCHEDULE Contractor shall be paid per the billing rate provided by the Contractor within the Proposal for Services attached hereto and incorporated herein as though set forth in full. R:\Finance\Purchasin\Agreements 05-06. M-Z.FIN05-19 5/2/2006 Mrs. Becky Obmann April 27, 2006 Temecula Fire Department 43200 Business Park Dr. Temecula, CA 92590 Proposal for Service Temecula Fire Department Dear Becky, Per your request I have enclosed a current quote for unarmed security coverage for your requested security needs. As you may know, the Securitas approach to officer selection, training, and supervision ensures that you will consistently receive outstanding security officer performance. With over 150 years in the contract security industry, Securitas USA Inc. was the first national company to require pre-employment drug screening in the contract security industry. In fact, Securitas performs the most stringent employee background investigations and drug testing in our industry. Once hired and trained, our security staff do not just "come and go." We are proud to say that Securitas USA Inc. has the highest retention rates in our industry. Our organizational structure, officer training and management team assures you of a high quality, cost effective security service solution. Securitas is the world's largest provider of contract security and has the experience and resources to meet any security requirement. Today, Securitas Security Services USA, Inc. has approximately 100,000 employees reporting to 600 Branch Managers who work in over 450 offices nationwide. Each branch is a local business, dedicated to servicing the security needs of each individual customer. Locally, we have a branch office in the Temecula area to fulfill any of your security service needs. This proposal is for permanent work: o Beginning May 22, 2006 7 days a week. 12 hours a day Guard Service. 84 hours per week D D UNARMED SERVICE FLAT BILL RATE OTlHOLlDAY RATE Unarmed Security Officer $15.69 $23.54 We look forward to the opportunity to earn your business and establishing a long term business relationship. Securitas USA Inc. is poised to provide you with the very best quality security and protection services available today. Please call me at your earliest convenience should you have any questions. Sincerely, Robert Pascoe R:\Finance\Purchasin\Agreements 05-06. M-Z.FIN05-19 5/2/2006 Ii - I. ITEM NO. 17 I I ORDINANCE NO. 06-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 17.06.030, 17.08.030 AND 17.34.010 OF THE TEMECULA MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Planning Commission considered this Ordinance and the Negative Declaration on April 5, 2006, at duly noticed public hearings as prescribed by law, at which time the City Staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. B. At the conclusion of the Commission hearings and after due consideration of the testimony, the Commission adopted Resolution No. 06-28 recommending approval of the Ordinance by the City Council. C. The City Council considered the Ordinance and Negative Declaration on April 25, 2006, at a duly noticed public hearing as prescribed by law, at which time the City Staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. D. The proposed Ordinance is consistent with the City's General Plan and each element thereof. Section 2. The City Council of the City of Temecula further finds, determines and declares that: A. The voters of the State of California approved Proposition 215 (codified as Health & Safety Code 11362.5 et seq. and entitled The Compassionate Use Act of 1996). B. The State enacted SB-420 in 2003 (Health & Safety Code Sections 11362.7 to 11362.83) to clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other governing bodies to adopt and forge rules and regulations consistent with SB-420. C. In May 2001 , the United States Supreme Court issued its decision in United States v. Oakland Buyers' Cooperative and Jeffrey Jones holding that R:/Ords 2006/0rds 06-05 distribution of medical marijuana is illegal under the CSA and there is no medical necessity defense allowed under federal law. D. On June 6, 2005, the Supreme Court issued its decision in Gonzales v. Raich which held that Congress, under the Commerce Clause of the United States Constitution, has the authority and, under the Federal Controlled Substances Act 21 USC Section 841 (CSA), power to prohibit local cultivation and use of marijuana even though it would be in compliance with California law. E. In light of these decisions, the City Council finds that it would be inconsistent and contrary to the public health, safety, and general welfare to permit the establishment of medical marijuana dispensaries, as defined herein, within the City insofar as to permit such activities may subject the City and/or its officials and employees to prosecution under federal law and would otherwise constitute illegal activity under federal law. F. Until such inconsistency is resolved between the federal and state laws with respect to medical marijuana, it is the intent of the Council to prohibit medical marijuana dispensaries within the City of Temecula. G. Anecdotal evidence indicates that medical marijuana dispensaries are subject to a significantly higher incidences of burglaries and robberies at the site than other businesses, robberies of patrons leaving the dispensaries, loitering and nuisance activities in and around the sites, and persons without medical need attempting to purchase marijuana at the sites. H. Neither the Compassionate Use Act nor its implementing legislation authorizes medical marijuana dispensaries nor requires the City to provide for medical marijuana dispensaries. I. This Ordinance is necessary to preserve the public health, safety and general welfare of the City of Temecula and is not in conflict with the general laws. J. This Ordinance is consistent with the City's General Plan and each element thereof. Section 3. Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City Council finds that City staff prepared an Initial Study of the potential environmental effects of this Ordinance amending the City's Development Code to prohibit medical marijuana dispensaries (the "Project"). Based upon the findings contained in that Initial Study, City Staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. Thereafter, City Staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on March 4, 2006 and expired on April 3, 2006. Copies of the documents have been available for public review and R:/Ords 2006/0rds 06-05 2 inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California 92589. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the April 25, 2006 public hearing, and based on the whole record before it, finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on the findings set forth in this Section, the City Council hereby adopts the Negative Declaration prepared for the Project. Section 4. Section 17.34.010 of the Temecula Municipal Code is hereby amended to add the definition of "Medical Marijuana Dispensary" to Section 17.34.010 to read as follows: "Medical Marijuana Dispensary. A facility or location, whether fixed or mobile, which provides, makes available or distributes marijuana to a primary caregiver, a qualified patient or a person with an identification card issued in accordance with California Health and Safety Code Sections 11362.5 et seq." Section 5. The use matrices of Sections 17.06.030 and 17.08.030 of the Temecula Municipal Code are hereby amended to establish a Medical Marijuana Dispensary, as defined in Section 17.34.010 of the Temecula Municipal Code, as a prohibited use in all zones of the City. Section 6. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 7. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. R:/Ords 2006/0rds 06-05 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of April , 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 06-05 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 25th day of April 2006, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of May, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2006/0rds 06-05 4 TEMECULA COMMUNITY SERVICES DISTRICT CONSENT CALENDAR Ii - I. ITEM NO. 18 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT APRIL 25,2006 A regular meeting of the City of Temecula Community Services District was called to order at 7:37 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Roberts, Naggar, Washington, and Comerchero ABSENT: o DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 11 Minutes RECOMMENDATION: 11 .1 Approve the minutes of April 11 , 2006. 12 Community Doa Park RECOMMENDATION: 12.1 Approve the development of a Community Dog Park on three-quarters of an acre of unused parkland on the southwest corner of Margarita Community Park; 12.2 Authorize staff to begin the installation of improvements to the proposed dog park site. MOTION: Director Washington moved to approve the Consent Calendar Item Nos. 11 and 12. Director Roberts seconded the motion and electronic vote reflected unanimous approval. In response to President Comerchero, Community Services Director Parker noted that the anticipated completion date for the facility will be late Fall of 2006. CSD DEPARTMENTAL REPORT 13 Community Services Deoartment Monthlv Reoor~ No additional comment. R\M inutes\042506 CSD GENERAL MANAGER'S REPORT No additional comment. CSD BOARD OF DIRECTORS' REPORTS No additional comment. CSD ADJOURNMENT At 7:39 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, May 9, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL R\M inutes\042506 2 Ii - I. ITEM NO. 19 I I Approvals City Attorney Director of Finance City Manager ~ IJIZ ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 9,2006 SUBJECT: TCSD Proposed Rates and Charges for FY 2006-2007 PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2006-2007 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Service District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City and the City Council also serves as the Board of Directors of the TCSD. The four current service levels of the TCSD include: 1. Service Level B - Residential Street Lighting. 2. Service Level C - Perimeter Landscaping and Slope Maintenance. 3. Service Level D - Recycling and Refuse Collection. 4. Service Level R - Unpaved Road Maintenance. Service Level B - Residential Street Lighting The TCSD Rates and Charges for Service Level B are not proposed to increase from last year's rates however a total of 1 ,096 new residential parcels will be added into this maintenance program. Of the 1,096 parcels to be added 287 are condominium type units that will be assessed at half rate of $12.84. Service Level C - Perimeter Landscaping and Slope Maintenance Existing rate levels rates within Service Level C are not proposed to increase from last year's rate. Two new rate levels are proposed to be established within this Service Level as follows: Rate level Rate C-12 $ 26.00 C-13 $ 315.00 Rate level C-12 is proposed to be established for residential parcels within the Roripaugh Ranch Development. Rate level C-13 is to be established for the future Gallery Homes "Portraits" Development located on the southeast corner of Ynez and Rancho Vista Roads. Due to delays in construction neither of these developments will be assessed this fiscal year. Within Rate level C-5 with an approved rate of $70.00, an additional 130 parcels from the Richmond Homes "Avondale" residential project will be assessed. Avondale (Tract 26828) is located north of Nicolas Road and west of Seraphina Road. This subdivision had previously voted on and approved this rate and charge. Within Rate level C-10 with an approved rate of $100.00, an additional 540 parcels from the Harveston Development will be assessed. These subdivisions had previously voted on and approved this rate and charge. Within Rate level C-11 with an approved rate of $270.00, eight (8) parcels from Gallery Homes "Traditions" Development will be assessed. Traditions (Tract 29133) is located on the east side Ynez Road south of Pauba Road. This rate level was created and approved for the Traditions Development in FY 2005-2006 however due to construction delays this will be the first year this tract will be assessed for Service Level C. This subdivision had previously voted on and approved this rate and charge. Service Level D - Recycling and Refuse Service An increase is proposed to the annual rate and charge for Service Level D to $200.88 per residential parcel beginning Fiscal Year 2006-2007. In FY 2005-2006 the rate and charge for this Service Level was $190.92. The rate change is based on increases in the Consumer Price Index (CPI), Riverside County Landfill Tip Fee and #2 Diesel Fuel index. Service Level R - Unpaved Street and Road Maintenance The TCSD Rates and Charges for Service Level R are not proposed to increase from last year's rate. The TCSD is required to complete an annual levy process which includes adopting a resolution accepting the filing of a report on the proposed rates and charges necessary to provide the aforementioned services; noticing each affected property owner in the City; and conducting a public hearing to consider approving the proposed rates and charges. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed rates and charges for FY 2006-2007 and schedule a public hearing concerning these issues for June 27, 2006. Staff will then proceed with noticing each affected property owner in the City regarding the proposed rates and charges and the June 27, 2006 public hearing. FISCAL IMPACT: The revenue generated for the TCSD FY 2006-2007 Rates and Charges will fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and street and road maintenance services in the City of Temecula. The proposed TCSD levy budget for FY 2006-2007 is $7,095,847. ATTACHMENTS: 1. Resolution of Intention 2. Preliminary Levy Report 3. Public Hearing Notice ATTACHMENT 1 Resolution of Intention RESOLUTION NO. CSD 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2006-2007 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the same manner prescribed by Government Code Sections 61115. The TCSD proposes to continue such rates and charges for the operation, maintenance, servicing and administration of street lights, perimeter landscaping and slope maintenance, refuse collection, and unpaved street maintenance for the 2006-2007 fiscal year. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for the California Revenue and Taxation Code Section 4831. Section 3. Pursuant to Government Code Section 61115, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, this Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2006-2007. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 27th day of June, 2006, at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, located at 43200 Business Park Drive, Temecula, CA 92590, as the time and place for the public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any to the Report. The Board may continue the hearing from time to time. Section 5. The District Secretary is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61115. The District Secretary is further directed to give notice, pursuant to Section 6 of Article XIIID of the California Constitution regarding any increases proposed in the Report with respect to any of the rates and charges. Section 6. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 9Uday of May ,2006. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 06- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 9th day of May , 2006, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On January 1, 2006, MuniFinancial, Inc. was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 2006-2007. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et seq., the TCSD has the power to levy and collect rates and charges in order to carryon its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific service level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level. The TCSD is currently composed of four (4) service levels. The descriptions of the service levels are as follows: 1. Service Level B - Residential Street Liqhts. Operations, maintenance, utility costs and administration of all residential streetliqhts. 2. Service Level C - Perimeter Landscapinq and Slope Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D - Recvclinq and Refuse Collection. Operations and administration of the recycling and refuse program, and street sweeping services for single-family residential homes. 4. Service Level R - Street and Roads. Maintenance of unpaved streets and roads. C:\WINDOWS\apsdoc\nettemp\860\SASQpdfB00993.doc 05/02/2006 The financial Analysis contained herein contains each Service Level including their totals for fiscal Year 2006-2007 as follows: Service Level B Service Level C Service Level D Service Level R $ 679,023 $ 1,494,438_ $ 4,910,590 $ 12,200 $/SfR $ 25.68/$12.84 Variable $200.88 Variable SERVICE LEVEL/LEVY BUDGET TOTAL TCSD LEVY FY 2006-2007 $ 7,096,251 The Levy and Collection amounts for all non-exempt parcels within the TCSD for the fiscal Year 2006-2007 are as shown on the Levy Roll on file with the City Clerk/District Secretary. C:\WINDOWS\apsdoc\nettemp\860\SASQpdfB00993.doc 05/02/2006 ATTACHMENT 2 Engineer's Annual Levy Report CITY OF TEMECULA ENGINEER'S ANNUAL LEVY REPORT Temecula Community Services District (TCSD) Fiscal Year 2006/2007 INTENT MEETING: PUBLIC HEARING: May 9, 2006 June 27, 2006 II MuniFinancial Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) fax: (951) 587-3510 Office Locations: Anaheim, CA Lancaster, CA Los Angeles Regional Office Oakland, CA Phoenix, AZ Sacramento, CA Seattle, WA www.munLcom ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Rates and Charges for the: Temecula Community Services District (TCSD) City of Temecula Riverside County, State of California This Report and the information contained herein reflect the proposed budget for each of the various services provided by the District and the rates and charges applicable to those services as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Board of Directors of the Temecula Community Services District. Dated this day of ,2006. MuniFinancial District Engineer On Behalf of the City of Temecula and The Temecula Community Services District By: Josephine Perez Senior Analyst, District Administration Services By: Richard Kopecky R. C. E. # 16742 TABLE OF CONTENTS I. INTRODUCTION ...........................................................................................1 II. PLANS AND SPECIFICATIONS .......................................................2 A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES ..........................................2 B. BUDGET AND LEVY SUMMARY .................................................................................3 C. DISTRICT SERVICES AND CHARGES......................................................................5 III. CHANGES TO THE DISTRICT ........................................................10 A. NOTABLE MODIFICATIONS TO THE DISTRICT ...........................................................10 B. PROPOSED MODIFICATIONS OF THE DISTRICT FOR FISCAL YEAR 2006/2007 ............11 IV. DISTRICT BUDGETS............................................................................14 V. METHOD OF APPORTIONMENT...................................................16 APPENDIX A - 2006/2007 COLLECTION ROLL ...........................19 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 I. INTRODUCTION Upon incorporation of the City of Temecula ("City"), effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("District") to provide specified services to properties within its jurisdiction previously provided by the County of Riverside ("County"). The boundary of the District is coterminous with the City boundary and includes all parcels within the City with the City Council acting as the Board of Directors ("Board") for the District. The District collects property-related fees and charges ("Charges") in order to provide services and maintain the improvements within the District. The District was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 ofthe California Government Code ("CSD Law"). Each fiscal year, an Engineer's Annual Levy Report (the "Report") is prepared, filed and approved by the Board. This Report describes the District, any changes to the District and the proposed Charges for the fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Number or Assessor's Parcel Number by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessment Numbers and specific Fund Numbers, to identify on the tax roll, properties charged for District services. The Charges contained in the Report are based on the historical and estimated cost to service properties within the District. The services provided by the District and the corresponding costs are budgeted and charged as separate Service Levels and include all expenditures, deficits, surpluses, and revenues. Each parcel is charged for the services provided to the parcel. The District provides residential street lighting, perimeter landscaping and slope protection, and refuse collection in numerous residential developments as well as road improvement and maintenance within specified areas of the District. Pursuant to Government Code Sections 61621 and 61621.2, the District has prescribed, revised and collected rates and charges for residential street lighting ("Service Level B"), perimeter landscaping ("Service Level C"), refuse/recycling ("Service Level D"), and road maintenance ("Service Level R") services furnished by the District, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. MuniFinancial Page 1 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 Pursuant to Government Code Section 61621.2, this Report is prepared and presented to the Board to prescribe Service Level B, Service Level C, Service Level D and Service Level R Rates and Charges for the parcels and territories within the District. A Public Hearing is held each year before the Board to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and written protests at the noticed Public Hearing, and review of the Report, the Board may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the Charges, the Board shall order the levy and collection of Charges for Fiscal Year 2006/2007. In such case, the levy information will be submitted to the Riverside County Auditor/Controller, and included as Charges on the property tax roll for the various services provided in Fiscal Year 2006/2007. .' II. PLANS AND SPECIFICATIONS A. General Description of the District and Services The boundary of the District is coterminous with the City boundary, and includes all parcels within the City. The District provides certain property related services and improvements consisting of four (4) separate and distinct services referred to as "Service Levels". Each parcel within the District is charged proportionately for only those services attributable to the parcel. Each Service Level has differing costs depending upon the services provided. All parcels identified within a Service Level share in the cost of the service. The costs associated with the service are proportionately spread among all properties within that Service Level to which the service is provided. Services and improvements provided through the District include residential street lighting; perimeter landscape maintenance and slope protection; a refuse and recycling collection program; and road improvement construction and maintenance. The Service Levels are identified as follows: . Service Level B - Residential Street Lighting . Service Level C - Perimeter Landscaping . Service Level D - Refuse/Recycling . Service Level R - Road Maintenance MuniFinancial Page 2 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 B. Budget and Levy Summary The budgets for each Service Level are shown in detail in Section IV of this report. Each Service Level provides different and specific services and improvements to various parcels within the District. Only the parcels that the services and improvements are levied for are included at each of the Service Levels. The "Total Levy Units" and the resulting "Charge Per Levy Unit" (shown in Table I), reflect a method of apportionment that most fairly proportions the costs of the services to the parcels in that Service Level. The "Total Levy Units" for Service Levels B, C, and D is based on a per parcel count. For Service Level R, levy units are based on a Parcel Development Unit ("PDU"), which is similar to a per parcel count, but makes a distinction between developed and undeveloped parcels. For a more complete description of the methods used for calculating the "Total Levy Units" used for each Service Level, please refer to (Section V), Method of Apportionment. MuniFinancial Page 3 (J~I'-- :s [2 "~ Q)~ DD::co '" >>0 <1>>0 O<l>N "2= m <l>Cll<l> Ul:J>- >>"'- _"'Cll Oc <( ~ ::J (J)"- E....u.. E lli 0'" U'o, Cll '" :;W o E I- ~ $1 - al Ol "0 ::l co al J: - Ol c: .;:: ctI 0.. 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District Services and Charges Service Level B, Residential Street Lighting - includes all developed single family residential parcels and residential vacant lots for which the District provides on-going servicing, operation, and maintenance of local street lighting improvements. The current rate and charges for Service Level B is $25.68 per residential lot ($12.84 per condominium unit within Specific Plans), and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2006/2007. Service Level B Tracts 04153-00 20079-00 21082-03 22627-00 23066-03 23173-01 24133-02 25004-01 29798-08 04188-00 20079-01 21082-04 22627-01 23066-04 23173-02 24133-03 25892-00 29798-09 04457-00 20079-02 21340-00 22715-00 . 23066-05 23173-03 24133-04 26488-00 29798-10 06559-00 20079-03 21340-01 22715-01 23067-02 23173-04 24133-05 26828-00 29928-00 07401-00 20130-00 21340-02 22715-02 23067-03 23174-01 24134-00 26828-01 29928-01 07402-00 20130-01 21340-03 22716-00 23067-04 23174-02 24134-01 26828-02 29928-02 08369-00 20130-02 21340-04 22716-01 23067-05 23174-03 24134-02 27827-00 29928-03 08369-01 20130-03 21340-05 22716-02 23100-01 23174-04 24134-03 27827-01 29929-00 08369-02 20130-04 21340-06 22716-03 23100-02 23174-05 24135-00 27827-02 29929-01 11087-01 20130-05 21340-07 22716-04 23100-03 23174-06 24135-01 27827-03 30088-00 11087-02 20130-06 21430-01 22761-00 23100-04 23177-00 24135-02 28309-00 30264-00 12189-01 20153-00 21561-00 22762-00 23100-05 23209-00 24135-03 28480-00 30264-01 12189-02 20154-00 21672-01 22786-00 23100-06 23220-00 24136-00 28482-00 30264-03 12189-03 20319-00 21672-02 22916-00 23100-07 23267-00 24136-01 28482-01 30264-05 12189-04 20643-00 21672-03 22916-01 23100-08 23267-01 24136-02 28482-02 30264-09 12189-05 20644-00 21672-04 22915-02 23101-01. 23267-02 24136-03 28482-03 30264-11 12189-06 20703-01 21673-00 22915-03 23101-02 23267-03 24182-01 28503-00 30264-14 12189-07 20703-02 21673-01 22916-00 23101-03 23267-04 24182-02 28510-00 30264-15 13060-01 20703-03 21673-02 22916-01 23101-04 23371-00 24182-03 28510-01 30667-00 13060-02 20735-01 21673-03 22916-02 23101-05 23371-01 24182-04 28510-02 30667-01 13060-03 20735-02 21674-00 22916-03 23101-06 23371-02 24183-00 28510-03 30667-02 13060-04 20735-03 21674-01 22962-00 23125-00 23371-03 24183-01 28526-00 30667-03 13060-05 20736-04 21674-02 23063-01 23125-01 23371-04 24184-00 28553-00 30668-00 13060-06 20735-05 21674-03 23063-02 23125-02 23371-05 24184-01 28553-01 30668-01 13060-07 20735-06 21675-00 23063-03 23125-03 23371-06 24185-00 28810-00 30668-02 13060-08 20735-07 21675-01 23063-04 23126-00 23371-07 24185-01 28980-00 30669-00 18518-00 20735-08 21675-02 23063-05 23128-00 23371-08 24185-02 29033-00 30669-01 18518-01 20735-09 21675-03 23063-06 23142-00 23371-09 24186-00 29036-00 30669-02 18618-02 20848-00 21675-04 23063-07 23143-00 23371-10 24186-01 29133-00 31053-00 18518-03 20879-00 21675-05 23063-08 23143-01 23371-11 24186-02 29203-00 31053-01 18583-00 20879-01 21675-06 23084-00 23143-02 23371-14 24186-03 29286-00 31053-02 19872-00 20882-00 21760-00 23064-01 23143-03 23483-00 24187-00 29734-00 31053-03 19872-01 20882-01 21765-00 23064-02 23143-04 24131-00 24187-01 29798-00 31276-00 19872-02 20882-02 22148-00 23064-03 23143-06 24131-01 24187-02 29798-01 31898-00 19872-03 20882-03 22203-00 23065-00 23143-07 24131-02 24188-00 29798-02 32169-00 19872-04 20987-00 22204-00 23065-01 23143-08 24131-03 24188-01 29798-03 32170-00 MuniFinancial Page 5 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 19872-05 19939-00 19939-01 19939-02 21067-00 21082-00 21082-01 21082-02 22208-00 23065-03 23143-09 24132-00 24188-02 29798-04 Old Town 22593-00 23065-04 23143-10 24132-01 24188-03 29798-05 PM 24387 22593-01 23066-01 23143-11 24133-00 24232-00 29798-06 PM 26488 22593-02 23066-02 23173-00 24133-01 25004-00 29798-07 PM 27493 PM 28122 Service Level C, Perimeter Landscaping - includes all developed single family residential parcels and residential vacant lots for which the District provides on-going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public right-of-ways and dedicated easements adjacent to and associated with certain tracts and subdivisions. The level of maintenance required within these tracts and subdivisions vary depending on operating costs. Thirteen (13) subzones and their corresponding rates have been established within Service Level C. · The proposed and maximum rate for C-1 is $ 46.00. · The proposed and maximum rate for C-2 is $ 89.00. . The proposed and maximum rate for C-3 is $116.00. . The proposed and maximum rate for C-4 is $175.00. . The proposed and maximum rate for C-5 is $ 70.00. . The proposed and maximum rate for C-6 is $225.00. . The proposed and maximum rate for C-7 is $129.00. . The proposed and maximum rate for C-8 is $20.00. . The proposed and maximum rate for C-9 is $200.00. . The proposed and maximum rate for C-10 is $100.00. . The proposed and maximum rate for C-11 is $270.00. · The approved maximum rate for C-12 is $26.00, but will be not be levied for fiscal year 2006/2007. The project area is currently under construction and maintenance of the perime.ter landscaping and slopes has yet to be accepted by TCSD. · The approved maximum rate for C-13 is $315.00, but will be not be levied for fiscal year 2006/2007. The project area will start construction in 2006, and maintenance of the perimeter landscaping and slopes has yet to be accepted by TCSD. Note: C-12 and C-13 beginning FY 2007/2008, the maximum rates as approved by the property owners are adjusted annually by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Los Angeles-Riverside-Orange County Area, for the previous calendar year or five percent (5%). MuniFinancial Page 6 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 The current rate and charges for Service Level C is per residential lot and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions forFiscal Year 2006/2007. Rate Level C-1 Tract Name Presley Development Rancho Solana The Vineyards Monte Vista Rate Level C-2 Tract Name Morrison Homes Ridgeview Winchester Creek Woodcrest Country Rate Level C-3 Tract Name Martinique Rancho Highlands Saddlewood Vintage Hills Lennar MuniFinancial Service Level C Tracts Maximum Rate: $46.00 Tract Numbers 23267-00 23267-01 23267-02 23267-03 23267-04 26861-00 26861-01 26861-02 26861-03 22593-00 22593-01 22593-02 20879-00 20879-01 28309-00 Tract Numbers 22148-00 20735-07 20130-00 21340-00 21340-07 21561-00 Tract Numbers 23128-00 20643-00 18518-00 22715-00 22716-04 22916-02 29286-00 20735-08 20130-01 21340-01 22208-00 20644-00 18518-01 22715-01 22915-00 22916-03 Maximum Rate: $89.00 20735-09 21764-00 27493-PM 20130-02 20130-03 20130-04 20130-05 20130-06 21340-02 21340-03 21340-04 21340-05 21340-06 Maximum Rate: $116.00 21760-00 18518-02 22715-02 22915-01 28122-PM 22203-00 18518-03 22716-00 22915-02 22204-00 22761-00 22762-00 22716-01 22716-02 22716-03 22915-03 22916-00 22916-01 Page 7 Rate Level C-4 Tract Name Barcley Estates Meadow View Signet Series Tradewinds Village Grove Crowne Hill Rate Level C-5 Tract Name Temeku Hills Avondale Rate Level C-6 Tract Name Woodside Rate Level C-7 Tract Name Vail Ranch Rate Level C-B Lorna Linda Rate Level C-9 Tract Name Shea Homes MuniFinancial Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 Maximum Rate: $175.00 Tract Numbers 25004-01 21765-00 20882-00 20882-01 20882-02 20882-03 23125-00 23125-01 23125-02 23125-03 21672-01 21672-02 21672-03 21672-04 21673-00 21673-01 21673-02 21673-03 21674-00 21674-01 21674-02 21674-03 21675-00 21675-01 21675-02 21675-03 21675-04 21675-05 21675-06 23143-00 23143-01 23143-02 23143-03 23143-04 23143-06 23143-07 23143-08 23143-09 23143-10 23143-11 Tract Numbers 23371-00 23371-01 23371-07 23371-08 28482-00 28482-01 26828-00 26828-01 Maximum Rate: $70.00 23371-02 23371-09 28482-02 26828-02 23371-03 23371-10 28482-03 23371-04 23371-11 28526-00 23371-05 23371-06 23371-14 23371-15 29033-00 Maximum Rate: $225.00 Tract Numbers 28510-00 28510-01 28510-02 28510-03 Tract Numbers 23173-00 23173-01 23174-03 23174-04 Maximum Rate: $129.00 23173-02 23173-03 23173-04 23174-05 23174-06 28480-00 23174-01 23174-02 28832-00 Maximum Rate: $20.00 Tract Numbers 19872-00 19872-01 19872-02 19872-03 19872-04 19872-05 Tract Numbers 23209 Maximum Rate: $200.00 Page 8 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 Rate Level C-10 Maximum Rate: $100.00 Tract Tract Name Numbers Harveston Development 29928-00 29928-01 29928-02 29928-03 29929-00 29929-01 30088-00 30667-00 30667-01 30667-02 30667-03 30668-00 30668-01 30668-02 30669-00 30669-01 30669-02 31053-00 31053-01 31053-02 31053-03 31276-00 32169-00 32170-00 32436-00 32436-01 32437-00 32437-01 32437-02 32437-03 Rate Level C-11 Maximum Rate: $270.00 Tract Tract Name Numbers Traditions/Gallery Homes 29133-00 Rate Level C-12 Maximum Rate: $26.00 Tract Tract Name Numbers Roripaugh Ranch TBD Rate Level C-13 Maximum Rate: $315.00 Tract Tract Name Numbers Gallery Portraits Partners 31344-00 Service Level D, Refuse/Recycling Collection - provides for the operation and administration of the refuse collection program including recycling and street sweeping services for all developed single family residential homes (or "household") within the District. The rate and charges for Fiscal Year 2006/2007 for Service Level D is $200.88 per Household and will be applied to all parcels that have been identified as developed single family residential homes. Service level R, Road Maintenance - provides funding for construction, improvement, service and maintenance of public streets and roads within specific areas of the District. The services provided may include, but are not limited to: renovation or restoration due to damage; flood and drainage control; repairs and re- grading; and upgrades of the existing areas as required for unpaved roads. All parcels identified within Service Level R share in the cost of the services provided. The costs associated with the services are proportionately spread among all parcels within MuniFinancial Page 9 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 various areas ("rate levels") of Service Level R. Service Level R currently has two (2) rate levels. The level of maintenance required within these two (2) areas vary due to operating costs, and therefore separate rate levels have been established. Only the parcels within each of the two (2) boundary areas will be charged for the costs associated with servicing and maintaining the roads and streets in the area. · Rate Level R-1 -This rate level consists of seventy-six (76) assessable parcels that have direct access to roads or streets that are serviced and maintained through the District. This rate level provides funding for servicing and maintenance of: Kimberly Lane; Greenwood Lane; Liefer Road; Gatlin Road; and, Pala Vista. A total of 1.546 miles of roads are serviced and maintained in this area. · Rate Level R-2 - This rate level consists of thirty-three (33) assessable parcels that have direct access to roads or streets that are serviced and maintained through the District. This rate level provides funding for servicing and maintenance of Santiago Road. A total of 0.36 miles of roads are serviced and maintained in this area. III. CHANGES TO THE DISTRICT Changes or modifications to the District structure, if any, could include, but are not limited to: changes or expansion in the existing improvements or in the types of services provided; addition of new services or Service Levels; restructuring of the current Service Levels; inclusion of parcels into the District or Service Levels; or revisions in the method of apportionment. Changes or modifications within the District that may affect the levy are outlined in the following. A. Notable Modifications to the District (i) On March 4, 1997, the voters of Temecula approved a Special Tax to fund citywide community services. This Special Tax replaced two existing Service Levels, previously charged through the Community Services District. . Community Services, Parks, and Recreation - that provided for the maintenance, service and operation of all public parks and recreation services within the City. · Service Level A, Arterial Street Lighting and Medians - that provided servicing, operation, and maintenance of traffic signals, street lighting and landscaped medians along arterial streets. Beginning in Fiscal Year 1997/1998 these two Service Levels were replaced by the Special Tax and are no longer charged through the District. MuniFinancial Page 10 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 B. Proposed Modifications of the District for Fiscal Year 2006/2007 The most notable modification to the District for Fiscal Year 2006/2007 is related to the addition of improvements and expansion of existing services as a result of new development. When a new residential tract is developed, the District accepts additional improvements for maintenance and servicing. Along with acceptance of the improvements, the parcels within those tracts are included in the appropriate Service Levels. The improvements and services for Service Levels Band C are typically tract or development specific and therefore, all parcels within a tract or development are included in these two Service Levels when the District accepts the improvements. Additionally, individual residential parcels are included in Service Level D when a new single family residential unit is identified and service is ordered. Service Level B Inclusions to Service Level B (Residential Street Lighting) include 1,096 additional residential lots for Fiscal Year 2006/2007. The following tracts are the new developments for Fiscal Year 2006/2007: Develooment Subtotal Tract Number Total Number of Lots 29133-00 8 8 31276-00 60 60 32169' 93 32170' 69 162 24188' 73 24188-2' 118 24188-3' 100 291 31898' 125 125 25004-00 79 79 30264' 20 30264-1' 79 30264-3' 49 30264-5' 41 30264-9' 84 30264-11' 62 30264-14' 17 30264-15' 19 371 Total 1,096 Gallery Homes Subtotal HaN6ston Development Subtotal Harveston Condos Subtotal Paseo Del Sol Seauoia Condos Subtotal Valdemosa Subtotal Wolf Creek South Subtotal MuniFinancial Page 11 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 The number of units for each of the tracts referenced for inclusion in Service Level B represents the total number of residential parcels and lots within that tract. Although these tracts have been fully subdivided or a tract map has been approved, in some cases, the actual Assessor's Parcel Numbers (APN's) for each of the individual residential parcels may not have been established by the County Assessor's Office. In such cases, the APN's currently recognized by the County are assigned and charged for the number of residential lots associated with each parcel within the tract. The new APN's for each of the individual residential parcels and lots are expected to be established by the time the levy is submitted to the County, but if not, the existing APN's will be charged based on the number of residential lots associated with each APN. Such tracts are indicated with an asterisk (*) in the table above. Service Level C There are a total of 3 tracts for a total of 130 assessable parcels added to Service Level C for FY 2006/2007, for the Subzone C-5 (Avondale Development). Nine tracts with a total of 540 assessable parcels were added to Service Level C for FY 2006/2007, for the Subzone C-10 (Harveston Development). The APN's for each subdivided residential parcel in Harveston's tracts 31276, 32169, 32170, 32436, 32436-1, 32437, 32437-1, 32437-2, and 32437-3 have not yet been established by the County Assessor's Office. APN's currently recognized by the County are assigned and charged for the number of residential lots associated with each parcel within the tract. The new APN's for each of the individual residential parcels and lots are expected to be established by the time the levy is submitted to the County, but if not, the existing APN's will be charged based on the number of residential lots associated with each APN. Subzones C-12 (Roripaugh Ranch) and C-13 (Gallery Portraits Partners) are planned to be annexed into the District. The project areas are under construction and maintenance of the perimeter landscaping and slopes has yet to be accepted by TCSD. Subzone C-12 is planned to have 1,761 assessable parcels, and subzone C- 13 is planned to have 10 assessable parcels. The new subzones will not be levied in FY 2006/2007. Service Level D A total of approximately 973 newly developed single family residential parcels have been identified and added to Service Level D (Refuse/Recycling) for Fiscal Year 2006/2007. These new single family residential parcels are identified each year and included in Service Level D based the waste hauler's updated service records. An increase is proposed to the annual rate and charge for Service Level D (Refuse Collection/Recycling) to $200.88 per residential parcel beginning fiscal Year 2006/2007. For Fiscal Year 2005/2006, the rate and charge for this Service Level was $190.92. The rate change is based on increases in the Consumer Price Index (CPI), Riverside County Landfill Tip Fee, and #2 Diesel Fuel index. MuniFinancial Page 12 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 For more information, please refer to the section titled "District Budgets." The costs for the District represent actual service costs, as provided in the City's franchise agreement with CR&R. Service Level R There are no new inclusions to Service Level R (Road Maintenance), proposed for the current fiscal year. MuniFinancial Page 13 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 IV. DISTRICT BUDGETS The Tables on the next two (2) pages show the District budget for Fiscal Year 2006/2007. FISCAL YEAR 2006/2007 DISTRICT BUDGET Temecula Community Services District Operating Budget Department Summary for the Year Ending June 30, 2007 Ace!. Level B LevelC Level D Level R Total Budget Items No. 192 193 194 195 District PERSONNEL SERVICES $6,123 $254,538 $46,060 $0 $306,721 Subtotal $6,123 $254;538 $46,060 $0 $306,721 OPERA TIONS MA/NTENANCE Repair & Maintenance Facilities 5212 $0 $43,000 $0 $0 $43,000 Office Supplies 5220 200 0 0 0 200 Printing 5222 0 0 11,000 0 11,000 Election Costs (Offset by Developer Deposits) 5225 0 15,000 0 0 15,000 Dues and Memberships 5226 0 0 5,000 0 5,000 Postage and Packaging 5230 1,000 0 0 0 1,000 Property Tax Administrative Fees 5231 12,000 12,000 12,400 100 36,500 Utilities 5240 0 298,000 0 0 298,000 Small Tools and Equipment 5242 0 0 8,200 0 8,200 Consulting Services 5248 0 30,000 0 0 30,000 Other Outside Services 5250 0 40,000 5,250 0 45,250 Public Notices 5256 11,700 3,900 7,000 0 22,600 Mileage 5262 0 0 300 0 300 Recognition Program 5265 0 0 2,190 0 2,190 Subtotal (5200s) $24.900 $441,900 $51,340 $100 $518,240 MuniFinancial Page 14 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 FISCAL YEAR 2006/2007 DISTRICT BUDGET Temecula Community Services District Operating Budget Department Summary for the Year Ending June 30, 2007 Ace!. Level B Level C Level D Level R Total Budget Items No. 192 193 194 195 District OPERA TIONS MAINTENANCE Waste Hauling 5315 $0 $0 $4,812,786 $0 $4,812,786 Street Lighting 5319 648,000 0 0 0 648,000 Subtotal (5300s) $648,000 $0 $4,812,786 $0 $5,460,786 Emergency Road Maintenance 5402 $0 $0 $0 $12,100 $12,100 Landscape Maintenance 5415 0 798,000 0 0 798,000 Landscape Rehabilitation 5416 0 0 0 0 0 Subtotal (5400s) $0 $798,000 $0 $12,100 $810,100 Capital Outlay $0 $0 $0 $0 $0 Subtotal $0 $0 $0 $0 $0 TOTAL DIRECT DISTRICT COSTS $679,023 $1,494,438 $4,910,186 $12,200 $7,095,847 EXPENDITURES/REVENUES Contingency Reserve $0 $0 $404 $0 $404 Total Direct District Costs 679,023 1,494,438 4,910,186 12,200 7,095,847 TOTAL EXPENDITURESIREVENUES $679,023 $1,494,438 $4,910,590 $12,200 $7,096,251 CONTRIBUTIONS Contributions from Grants $0 $0 $26,800 $0 $26,800 Contributions from Other Revenue Sources 9,400 31,600 1,000 100 42,100 Fund Balance Contributions 52,006 129,392 0 2,528 183,926 TOTAL CONTRIBUTIONS $61,406 $160,992 $27,800 $2,628 $252,826 Balance to Lew IBudQetedl $617.617 $1,333.446 $4,882,790 $9.572 $6,843,425 , MuniFinancial Page 15 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 V. METHOD OF APPORTIONMENT The cost to provide services within the District will be fairly distributed among each eligible property. Service Level B (Residential Street Lighting): The following is the formula used to calculate each property's Service Level B charges by the per parcel/unit (residential "lot/unit") method. Total Balance to Levy (Budgeted) / (Total Residential Lots + Assigned Condominium Units) = Parcel Charge Service Level C (Perimeter Landscaping and Slopes); and Service Level 0 (Refuse/Recycling): The following is the formula used to calculate each property's District charges by the per parcel (residential "lot") method. Total Balance to Levy (Budgeted) / Total Residential Lots (in Service Level) = Parcel Charge Service Level R (Roads): The Charge Per Levy Unit for Service Level R is based on a Parcel Development Unit (PDU), which is similar to a per parcel charge, but makes a distinction between developed and undeveloped parcels. Parcel Development Units = 1.0 for Developed Parcels Parcel Development Units = 0.5 for Undeveloped Parcels Total Balance to Levy I Total Parcel PDU (in rate Level) = Parcel Charge Munifinancial Page 16 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 The following tables reflect the levy calculations for each Service Level. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL B Property Type I Single Family Residential Lot I Vacant Residential Lot I Assigned Condominium Units'l Parcel/Unit X 1.00 1.00 0.50 Charge per Parcel/Unit $25.68 $25.68 $25.68 I Parcel/Unit = Charge I $25.68 I $25.68 I $12.84 I I Per Parcel I I Per Parcel/Unit I Multiplier Per Parcel * Defined as Assigned Condominium Units in Service Level 8 for which the interior streetlights are privately maintained, however, the Assigned Condominium Units benefit from perimeter or arterial street lighting funded by Service Level B. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL C Charge per Parcel Property Type and Zone Parcel/Unit X Parcel = Charge Multiplier I Residential Lot C-1 1.00 $46.00 $46.00 Per Parcel I Residential Lot C-2 1.00 $89.00 $89.00 Per Parcel I Residential Lot C-3 1.00 $116.00 $116.00 I Per Parcel I Residential Lot C-4 1.00 $175.00 $175.00 I Per Parcel I Residential Lot C-5 1.00 $70.00 $70.00 Per Parcel I Residential Lot C-6 1.00 $225.00 $225.00 Per Parcel I Residential Lot C-7 1.00 $129.00 $129.00 Per Parcel I Residential Lot C-8 1.00 $20.00 $20.00 Per Parcel I Residential Lot C-9 1.00 $200.00 $200.00 I Per Parcel I Residential Lot C-10 1.00 $100.00 $100.00 I Per Parcel I Residential Lot C-11 1.00 $270.00 $270.00 Per Parcel I Residential Lot C-12' 1.00 $26.00 $26.00 Per Parcel I I Residential Lot C-13' 1.00 $315.00 $315.00 Per Parcel I <'I The project areas in Sub-Zones 12 and 13 for SeNice Level C are under construction. Maintenance of the perimeter landscaping and slopes has yet to be accepted by TCSD. Construction is estimated to be completed June 30, 2007 and will not be levied for Fiscal Year 2006f07. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL D Charge per I Parcel Property Tvpe ' Parcel/Unit X Parcel = Charqe I Single Familv Residential Lot 1.00 $200.88 I $200.88 , Developed residential parcel identified by CR&R for which refuse collections are available. MultiDlier I Per Parcel I MuniFinancial Page 17 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL R Property_Type and Zone I SinQle Family Residential Lot R-1 I Vacant Residential Lot R-1 I SinQle Family Residential Lot R-2 I Vacant Residential Lot R-2 MuniFinancial Parcel/Unit 1.00 0.50 1.00 0.50 I Charge per I X Unit = I $115.26 I $115.26 $95.86 $95.86 Parcel Charge $115.26 $57.64 $95.86 $47.94 Multiplier I Per Parcel I Per Parcel I Per Parcel I Per Parcel I Page 18 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2006/2007 Appendix A - 2006/2007 COLLECTION ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor's map for the year in which this report is prepared. A listing of parcels within this District, along with the charges, has been submitted to the City Clerk and, by reference, is made part of this report. MuniFinancial Page 19 CITY OF TEMECULA ENGINEER'S ANNUAL LEVY REPORT Temecula Community Services District TCSD Appendix A - Collection Roll Fiscal Year 2006/2007 INTENT MEETING: PUBLIC HEARING: May 9, 2006 June 27,2006 II MuniFinancial Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 Office Locations: Anaheim, CA Lancaster, CA Los Angeles Regional Office Oakland, CA Phoenix, AZ Sacramento, CA Seattle, WA www.munLcom ATTACHMENT 3 Public Hearing Notice Temecula Community Services District Fiscal Year 2006-2007 (July 1, 2006 - June 30, 2007) Levy and Collection of Rates and Charges NOTICE OF PUBLIC HEARING The Temecula Community Services District (TCSD) provides street lighting, perimeter landscaping, slope maintenance, unpaved street and road maintenance, and refuse collection services in the City of Temecula. The boundaries of the TCSD are the same as those of the City of Temecula, and the City Council also serves as the Board of Directors of the TcSD. NOTICE IS HEREBY GIVEN that on Tuesday, June 27, 2006 at 7:00 p.m., or as soon thereafter as practicable, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California 92590, the Board of Directors of the Temecula Community Services District (the "TcSD") will hold a public hearing on the levy and collection of rates and charges within the TCSD on the property tax rolls for Fiscal Year 2006-2007. SUMMARY OF PROPOSED SERVICES FOR FY 2006-2007 Property owners in the City of Temecula only pay for the services used or made available to their property. Attached to this notice, and incorporated herein, is a page summarizing the rates and charges applicable to your parcel. All rates and charges are levied on an annual basis and collected along with property taxes. The services provided by the TCSD are divided into four Service Levels: 1. Service level B - Residential Street Liahtina., Operation, maintenance, utility costs and administration of residential streetlights. The rates for this Service Level are not proposed to increase from Fiscal Year 2005- 2006. 2. Service level C - Perimeter landscaoina. Operation, maintenance, utility costs, improvements, and administration of all perimeter landscaping and slope maintenance areas maintained by the TCSD. The rates for this Service Level are not proposed to increase from Fiscal Year 2005-2006. 3. Service level 0 - Refuse collection/Recvclin{l: Operation and administration of the refuse and recycling program for all single-family residential homes. The rate for this Service Level is proposed to increase to $200.88 per residential parcel from Fiscal Year 2005-2006 rate of $190.92. 4. Service level R - Road Maintenance. Operation and administration of certain unpaved streets and roads maintained by the TCSD. The rates for this Service Level are not proposed to increase from Fiscal Year 2005-2006. PROPOSED RATES AND CHARGES FOR FY 2006-2007 The TCSD rates and charges are based on the written report prepared in connection with the rates and charges for Fiscal Year 2006-2007 (the "Report"), which is on file with the District Secretary. A copy of the Report is available for public inspection at City Hall, 43200 Business Park Drive, Temecula, California, Monday through Friday from 8:00 a.m. to 5:00 p.m. - 1 - INFORMATION ABOUT THE RATE AND CHARGE CHANGES FOR FY 2006-2007 SERVICE LEVEL D An increase is proposed to the annual rate and charge for Service Level D (Refuse Collection/Recycling) to $200.88 per residential parcel beginning Fiscal Year 2006-2007. This is an increase from the Fiscal Year 2005- 2006 rate of $190.92. The rate change is based on increases in the Consumer Price Index (CPI), Riverside County Landfill Tip Fee, and #2 Diesel Fuei index. RATES AND CHARGES APPEAL PROCESS Any property owner subject to the rates and charges who wants a review of the classification or application of the rate or charge to the owner's property, or alleges that an error has been made with respect to the application of the rate or charge to the property, must file with the District Secretary a written appeal in accordance with District regulations prior to 5:00 p.m. on December 1, 2006. Any property owner subject to a rate and charge who believes that payment of all or a portion of the rate and charge would create a hardship for such property owner during fiscal year 2006-2007 must file with the District Secretary a written hardship appeal in accordance with District regulations prior to 5:00 p.m. on December 1, 2006, in order to be considered under the hardship appeal program. Appeal forms are available at City Hall. TCSD BUDGET FOR FISCAL YEAR 2006-2007 lJUL Y 1. 2006 TO JUNE 30. 20071 The proposed budget for the TCSD for Fiscal Year 2006-2007 is as follows: Service Level B Service Level C Service Level D Service Level R Total $679,023 1,494,438 4,910,590 12.200 $7,096,251 PUBLIC HEARING At the Public Hearing scheduled for June 27, 2006 at 7:00 pm, or as soon thereafter as practicable, the Board of Directors will review and consider any written protest received in person by the District Secretary at City Hall, 43200 Business Park Drive, Temecula, California, or by mail, at P.O. Box 9033, Temecula, California, 92589-9033, prior to the scheduled hearing. The Board will also listen to public comments by all interested individuals concerning the proposed rates and charges of the TCSD for FY 2006-2007. PUBLIC WORKSHOP A community workshop will be held at City Hall in the Main Conference Room on Thursday evening, May 25, 2006, at 6:00 p.m. to answer questions and concems prior to the Public Hearing. City Hall is located at 43200 Business Park Drive, Temecula, California. The workshop is open to the public, and property owners are encouraged to attend. QUESTIONS AND INQUIRIES If you have any questions, please don't hesitate to contact the Community Services District at (951) 694-6480. If a staff member is not available, every effort will be made to return your phone call as quickly as possible. The Temecula Community Services District is located at City Hall, 43200 Business Park Drive, Temecula, California. The mailing address is P.O. Box9033,Temecula,CA, 92589-9033. Thank you for taking the time to review this information and we are looking forward to serving you. Information is available on the City's website located at www.citvoftemecula.oro.. - 2 - Ii - I. ITEM NO. 20 I I Approvals City Attorney Director of Finance City Manager V IJIL Cf TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: May 9,2006 SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Erie Stanley Gardner Exhibit - Project No. PW04-15CSD PREPARED BY: William G. Hughes, Director of Public Works/City Engineer Amer Attar, Principal Engineer Bill McAteer, Construction Manager RECOMMENDATION: That the Board of Directors approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Erl Stanley Gardner Exhibit - Project No. PW04-15CSD. BACKGROUND: The Board of Directors of the Temecula Community Services District recently approved funding to construct the "Erie Stanley Gardner Exhibit". This exhibit is to honor the famous author and Temecula resident. The work to be solicited for construction bids include the construction of approximately 300 square feet of a new mezzanine above the receiving area that will house the Erie Stanley Gardner Exhibit. The exhibit is a replica of Mr. Gardner office in Temecula, which will include a desk, display cases, court room railings, and books. The Plans, Specifications and Contract Documents for this work have been completed. They are available for review in the City Engineer's office. The Engineers estimate for this project is $60,000.00. Since the engineer's estimate is well below the $100,000.00 limit to do informal bids, this project will be informally sent out for bids to a number of qualified contractors. FISCAL IMPACT: The Erie Stanley Gardner Exhibit is a Capital Improvement Project funded through the Museum Association and the Redevelopment Agency for Fiscal Year 2005- 2006. ATTACHMENTS: Project Description ~'" ~,o on '" .- \ d" ~ ~ '" ~ ~ ~ 7 ~ 'if, ) ~ I"l ~ (j <::;. >4 ~ 7<~ .... 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ITEM NO. 21 I I Approvals City Attorney Director of Finance City Manager CIL ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: May 9,2006 SUBJECT: Entertainment Agreement - Timmy D' Productions PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors: Approve a non-exclusive Entertainment Agreement between the City of Temecula and Timmy D' Productions in the amount of $80,000, plus a 10% contingency. BACKGROUND: Recently, staff solicited "Request for Qualifications" in search of qualified individuals and/or businesses capable of providing professional entertainment, sound equipment, staging requests and technical support for programs and major City-wide special events. Staff received completed "Request for Qualifications" from two local businesses, Timmy D' Productions and G.T. Entertainment. Through the review process it was determined that Timmy D' Productions was the most qualified to provide such services. Timmy D' Productions has successfully provided outstanding entertainment, sound services and technical support for many of the City sponsored programs and major special events throughout the past fifteen years and has a proven record in meeting the increased number of programs and major special events offered through the City. The following is a listing of the programs and special events that will be provided through this Agreement. The services required for the following program and special events may include but are not limited to D.J. services, staging, sound equipment, movie equipment, and entertainment. 4th of July Entertainment Summer Concert Series Movies in the Park Annual Spring Egg Hunts Teen Dances Search for the Stars Talent Show Patricia H. Birdsall Sports Park Dedication Annual Tree Lighting Ceremony Library Grand Opening Halloween Spooktacular Skate Competitions Family Fun Nights FISCAL IMPACT: The cost necessary to provide complete entertainment services forthe remaining FY05-06 is $10,000 and is currently budgeted. The cost necessary to provide entertainment services for FY 06-07 is anticipated to be $70,000, plus a 10% contingency, and will be included in the in fiscal year 06-07 annual operation budget. A purchase order for $70,000 will be opened July 1 , 2006 after the adoption of the FY06-07 budget. ATTACHMENTS: Agreement NON-EXCLUSIVE ENTERTAINMENT AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TIMMY D' PRODUCTIONS THIS AGREEMENT is made and effective as of Mav 9. 2006 between the Temecula Community Services District ("District") and Timmy d. Productions ("Entertainer"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on Mal( 9.,2006 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30. 2007 unless sooner terminated pursuant to the provisions of this Agreement. The District reserves the right to extend this Agreement for two (2) one-year extensions within ninety (90) days prior to or after its expiration upon mutual agreement between the District and Entertainer. 2. SERVICES. Entertainer shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Entertainer shall complete the tasks according to the schedule of performance that will be provided upon District's Request for Performance. 3. PERFORMANCE. Entertainer shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Entertainer shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Entertainer or any entertainment subcontractors hereunder in meeting its obligations under this Agreement. 4. LOCATION AND RELIABILITY OF PERFORMANCE. The date, time, and location of Entertainer's performance shall be determined at the time of District's Request for Performance. All entertainment shall be provided within City limits. Time and reliability are of the essence in this Agreement. 5. PAYMENT. a. The District agrees to pay Entertainer 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 $80,000 for the total term of the Agreement unless additional payment is approved as provided in this Agreement. The not to exceed payment amount listed herein is an estimated expenditure and this Agreement does not guarantee the Entertainer this amount in contracted performances. b. Entertainer 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 District Manager. Entertainer shall be compensated for any additional services in the amounts and in the manner as agreed to by the District Manager and Entertainer at the time District's written authorization is given to Entertainer for the performance of said services. The District Manager may approve additional work up to ten percent (10%) of the amount of the Agreement, but in no event shall the total sum of the agreement exceed twenty-five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the District Board of Directors. c. Entertainer will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf801 046. doc 11 086\0007\885218-2 services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the District disputes any of Entertainer's fees it shall give written notice to Entertainer within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. NON-EXCLUSIVE AGREEMENT. Entertainer understands this is a non- exclusive Agreement between the District and Entertainer and no guarantee of work or cost as outlined in Sections 2 and 5 is given or implied. 7. EQUIPMENT/MATERIALS. Entertainer(s) shall provide their own sound equipment and any other special equipment and materials that are required for the performance, unless other arrangements are made in writing and approved with the District prior to the performance. Sound equipment shall be adequate for the size of the anticipated audience and location of the performance. The District reserves the right to inspect all equipment and/or materials being used for any performance. 8. USE OF COPYRIGHTED MATERIAL. The Entertainer shall be fully responsible for paying any legally required royalties of fees for the use by the Entertainer of copyrighted material and shall comply at all times with all applicable copyright laws. 9. ASSIGNMENT. The Entertainer shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. Upon termination of this Agreement, Entertainer's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the District Board of Directors and Entertainer. 10. SUSPENSION. TERMINATION. OR CANCELLATION OF PERFORMANCE AND AGREEMENT WITHOUT CAUSE. a. A performance may be cancelled, terminated, or suspended at any time, with or without cause, at the sole discretion of the District Manager or his delegate without default or breach of this Agreement by the District. The District may also at any time, for any reason, with or without cause suspend or terminate this Agreement, or any portion hereof, by serving upon the Entertainer at least ten (10) days prior written notice. Upon receipt of said notice, the Entertainer shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates this Agreement, or a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event a performance is cancelled, terminated or suspended, or this Agreement is terminated pursuant to this Section, the District shall pay to Entertainer the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Entertainer will submit an invoice to the District pursuant to Section 5 c. 11. DEFAULT OF ENTERTAINER. a. The Entertainer's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Entertainer is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Entertainer for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Entertainer. If such failure by the Entertainer to make progress in the performance of work hereunder arises out of causes beyond the Entertainer's control, and without fault or negligence of the Entertainer, it shall not be considered a default. b. If the District Manager or his delegate determines that the Entertainer is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Entertainer with written notice of the default. The Entertainer shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory C:\WI N DOWS\apsdoc\nettemp\4480\$ASQpdf801 046. doc 11 086\0007\885218-2 performance. In the event that the Entertainer fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 12. INDEMNIFICATION. The Entertainer agrees to defend, indemnify, protect and hold harmless the City of Temecula ("City"), District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Entertainer's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, including, without limitation copyright infringement, excepting only liability arising out of the negligence of the District. 13. INSURANCE REQUIREMENTS. Entertainer 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 Entertainer, its agents, representatives, or employees. a. Minimum Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 0001 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 Entertainer 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 Entertainer has no employees while performing under this Agreement, worker's compensation insurance is not required, but Entertainer 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 Entertainer's profession. b. Minimum Limits of Insurance. Entertainer shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the District Manager. At the option of the District Manager, either the insurer shall reduce or eliminate such deductibles or self-insured C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf801 046. doc 11 086\0007\885218-2 retentions as respects the City, District, its officers, officials, employees and volunteers; or the Entertainer 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, District, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Entertainer; products and completed operations of the Entertainer; premises owned, occupied or used by the Entertainer; or automobiles owned, leased, hired or borrowed by the Entertainer. The coverage shall contain no special limitations on the scope of protection afforded to the City, District, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Entertainer's insurance coverage shall be primary insurance as respects the City, District, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, District, its officers, officials, employees or volunteers shall be excess of the Entertainer'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, District, its officers, officials, employees or volunteers. (4) The Entertainer'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 District. e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Entertainer shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Entertainer's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 14. INDEPENDENT CONTRACTOR. a. Entertainer is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Entertainer shall at all times be under Entertainer's exclusive direction and control. Neither City, District, nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Entertainer or any of Entertainer's officers, employees, or agents except as set forth in this Agreement. Entertainer shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf801 046. doc 11 086\0007\885218-2 Entertainer shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. b. No employee benefits shall be available to Entertainer in connection with the performance of this Agreement. Except for the fees paid to Entertainer as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Entertainer for performing services hereunder for District. District shall not be liable for compensation or indemnification to Entertainer for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Entertainer shall keep itself informed of all local, State and Federal ordinances, laws, regulations and copyrights which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Entertainer shall at all times observe and comply with all such ordinances, laws, regulations and copyrights. The City, District and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Entertainer to comply with this section. 16. RELEASE OF INFORMATION. a. All information gained by Entertainer in performance of this Agreement shall be considered confidential and shall not be released by Entertainer without District's prior written authorization. Entertainer, its officers, employees, agents or subcontractors, shall not without written authorization from the District 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 Entertainer gives District notice of such court order or subpoena. b. Entertainer shall promptly notify District should Entertainer, 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. District retains the right, but has no obligation, to represent Entertainer and/or be present at any deposition, hearing or similar proceeding. Entertainer agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Entertainer. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response. 17. 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 District: Temecula Community Services District Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: District Manager C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf801 046. doc 11 086\0007\885218-2 Timmy D Productions 27475 Ynez Road Temecula, California 29591 18. LICENSES. At all times during the term of this Agreement, Entertainer shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. To Entertainer: 19. GOVERNING LAW. The District and Entertainer 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. 20. PROHIBITED INTEREST. No officer, or employee of the City of Temecula or the Temecula Community Services District shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Entertainer, or Entertainer's subcontractors for this project, during his/her tenure or for one year thereafter. The Entertainer hereby warrants and represents to the District that no officer or employee of the City of Temecula or Temecula Community Services District has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the Entertainer or Entertainer's subcontractors on this project. Entertainer further agrees to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 21. 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. 22. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Entertainer warrants and represents that he or she has the authority to execute this Agreement on behalf of the Entertainer and has the authority to bind Entertainer to the performance of its obligations hereunder. C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf801 046. doc 11 086\0007\885218-2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Peter M. Thorson, City Attorney Attest: Susan W. Jones, MMC, City Clerk ENTERTAINER By: Name: Title: By: Name: Title: (Two Signatures of Corporate Officers Required For Corporations) C:\WI N DOWS\apsdoc\nettemp\4480\$ASQpdf801 046. doc 11 086\0007\885218-2 EXHIBIT A TASKS TO BE PERFORMED Entertainer its subcontractors shall provide performances, on an as needed basis, upon request by the Temecula Community Services District. Entertainer recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Entertainer for future performances at District events and recreational activities. The procedure for assigning work is set forth as follows: 1. The District Manager or the Director of Community Services or their designees shall submit to the Entertainer a written or verbal Request for Performance. The type of performance, location, date, and time shall be described or conveyed to the Entertainer in the Request for Performance. 2. Within five (5) business days of the date of the written or verbal Request for Performance, the Entertainer shall respond in writing with a Performance Proposal. The Performance Proposal shall state the following: (1) the date and location of the performance; (2) the total number of entertainers; (3) the total fees and costs of the performance; (4) the times and terms for payment; (5) a statement that the Performance Proposal shall be subject to the terms of this Agreement; (6) a statement that in the event that the Performance Proposal conflicts with the terms of this Agreement, this Agreement shall control. 3. Upon acceptance of the Entertainer's Performance Proposal by the District Manager or the Director of Community Services or their designees, the Entertainer shall proceed to "book" the event. The Entertainer's performance or the performance of any subcontractors at any event shall be pursuant to the terms of this Agreement. C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf801 046. doc 11 086\0007\885218-2 EXHIBIT B PAYMENT RATES AND SCHEDULE Exhibit B shall be the Performance Proposal as provided by the Entertainer for each individual performance as requested by the District. In any event, the total cost of such services, while not guaranteed as per Section 5 of this Agreement, shall not exceed a total of $ 80,000 for the total term of this Agreement. C:\WI N DOWSlapsdoclnettemp\4480\$ASQpdf801 046. doc 11 086\0007\885218-2 REDEVELOPMENT AGENCY CONSENT CALENDAR Ii - I. ITEM NO. 22 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY APRIL 25,2006 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:39 PM., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, and Naggar ABSENT: o AGENCY MEMBERS: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. RDA CONSENT CALENDAR 14 Minutes RECOMMENDATION: 14.1 Approve the minutes of March 28, 2006; 14.2 Approve the minutes of April 11 , 2006. 15 Ememencv and Lame Vehicle Access Easement Deed RECOMMENDATION 15.1 Approve the Grant of Emergency Vehicle Access Easement Deed for the Habitat for Humanity property located at 28731 Pujol Street (APN 922-062-016). MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency Member Edwards seconded the motion and electronic vote reflected approval with the exception of Chairman Naggar who abstained with regard to 14.2 and Agency Member Roberts who abstained with regard to 15.1. RDA DEPARTMENTAL REPORT 16 Redevelopment Departmental Monthlv Report No additional comment. R\M inutes\042506 RDA EXECUTIVE DIRECTOR'S REPORT No additional comment. RDA AGENCY MEMBERS' REPORTS Commenting on the successes of the City's Redevelopment Agency has achieved, Chairman Naggar requested that these successes be shared with the residents by way of a presentation at a future meeting. RDA ADJOURNMENT At 7:42 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, May 9, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R\M inutes\042506 2