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HomeMy WebLinkAbout061198 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694- 6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL AN ADJOURNED REGULAR MEETING MAIN CONFERENCE ROOM 43200 BUSINESS PARK DRIVE JUNE 11, 1998 - 6:00 PM At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. Next in Order: Ordinance: No. 98-11 Resolution: No. 98-46 CALL TO ORDER: Mayor Ron Roberts presiding Flag Salute: Councilman Stone ROLL CALL: Comerchero, Ford, Lindemans, Stone, Roberts PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. R:\Agenda\061198 1 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. RECESS CITY COUNCIL MEETING TO SPECIAL MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND WINCHESTER HILLS FINANCING AUTHORITY R:\Agenda\061198 2 TEMECULA COMMUN~Y SERVICES DISTRICT MFFTING Next in Order: Ordinance: No. CSD 98-01 Resolution: No. CSD 98-09 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Comerchero, Ford, Lindemans, Roberts, Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Board of Directors on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" before the Board of Directors gets to that item. individual speakers. form must be filed with the City Clerk There is a five (5) minute time limit for Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 26, 1998. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS R:\Agenda\061198 3 ADJOURNMENT Next meeting: June 16, 1998, scheduled to follow the City Council Consent Calendar, Council Chambers, 43200 Business Park Drive, Temecula, California. City R:\Agenda\061198 4 TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: ROLL CALL: PUBLIC COMMENT: Chairperson Karel Lindemans presiding Next in Order: Ordinance: No. RDA 98-01 Resolution: No. RDA 98-10 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, Lindemans A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 26, 1998. RECONVENE TEMECULA CITY COUNCIL JOINT CITY COUNCIL/AGENCY BUSINESS 2 Award of Construction Contract for Old Town Streetscape Project - Project No. PW97-05 RECOMMENDATION: That the Redevelopment Agency: 2.1 Appropriate $1,800,000.00 of RDA Bond proceeds to the Redevelopment Agency (RDA) Capital Improvement Project Fund of the Old Town Streetscape Project - Project No. PW97-05; R:\Agenda\061198 5 RECOMMENDATION: That the City Council: 2.2 2.3 2.4 Accept Mallcraft's request to withdraw their bid due to a clerical error conforming to Section 5103 of the Public Contract Code; Award a construction contract for the Old Town Streetscape Project to Valley Crest Landscape, Inc., San Diego, CA, in the amount of $3,903,910.00 (contract after deleting bid additives totaling $387,705.00) and authorize the Mayor to execute the contract; Authorize the City Manager to approve change orders not to exceed the contingency amount of $390,391.00 which is equal to 10% of the recommended contract amount. RECESS TEMECULA CITY COUNCIL EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next meeting: June 16, 1998, scheduled to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\061198 6 WINCHESTER HILLS FINANCING AUTHORITY CALL TO ORDER: ROLL CALL: PUBLIC COMMENT: Next in Order: Ordinance: No. WHFA 98-02 Resolution: No. WHFA 98-11 Chairperson Jeff Comerchero AUTHORITY MEMBERS: Ford, Lindemans, Roberts, Stone, Comerchero A total of 15 minutes is provided so members of the public may address the Winchester Hills Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 26, 1998. EXECUTIVE DIRECTOR'S REPORT AUTHORITY MEMBERS' REPORTS ADJOURNMENT Next meeting: June 16, 1998, scheduled to follow the Redevelopment Agency meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California R:\Agenda\061198 7 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 3 Review of the Proposed FY 19999-03 Capital Improvement Program RECOMMENDATION: 3.1 Review and discuss the proposed FY 1999-03 Capital Improvement Program (CIP) providing direction to staff as appropriate. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next meeting: June 16, 1998, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\061198 8 TEMECULA COMMUNITY SERVICES DISTRICT ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAY 26, 1998 A regular meeting of the Temecula Community Services District was called to order at 8:26 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Jeffrey E. Stone presiding. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Ford, Lindemans, Roberts, and Stone. ABSENT: 0 DIRECTORS: None. Also present were General Manager Bradley, City Attorney Thorson, and Acting City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of May 12, 1998. 2. Service Level R Appropriation 2.1 Appropriate $4,500 to road maintenance in Service Level R from fund balance. (President Stone abstained with regard to Consent Calendar Item No, 2.) 3. Tract No. 23583 - Establishing Service Level B Rates and Charges (located southerly of North General Kearny Road at Calle Madero) 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO ESTABLISHING SERVICE LEVEL B RATES AND CHARGES FOR TRACT NO. 23583 BEGINNING FISCAL YEAR 1999-00 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH Minutes. CSD\052698 I Temecula Communitv Services District Meetina May 26, 1998 MOTION: Director Lindemans moved to approve Consent Calendar Item Nos. 1 - 3. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval with the exception of President Stone who abstained with regard to Consent Calendar Item No. 2. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT Acting Director of Community Services Parker thanked the community for its support of the Kite Fly and as well expressed appreciation to Target for its donation of the kites. GENERAL MANAGER'S REPORT No comments. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:28 P.M., President Stone formally adjourned the meeting to Tuesday, June 16, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeffrey E. Stone, President Susan W. Jones, CMC Acting City Clerk/District Secretary [SEAL] Minutes,CSD\052698 2 REDEVELOPMENT AGENCY ITEM 1 Temecula Redevelopment Aoencv Mav 26, 1998 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MAY 26, 1998 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:28 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Lindemans presiding. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, and Lindemans. ABSENT: 0 AGENCY MEMBER: None. Also present were Executive Director Bradley, City Attorney Thorson, and Acting City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of May 12, 1998. MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No.1. The motion was seconded by Agency Member Ford and voice vote reflected unanimous approval. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING 2. Disposition and Development Agreement and Ground Lease for the North Pujol Redevelopment Project 2.1 That the City Council adopt a resolution entitled: minutes. RDA\052698 1 Temecula Redevelopment Aoencv May 26, 1998 RESOLUTION NO. 98-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT" BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATES AS OF MAY 26, 1998, AND THAT CERTAIN GROUND LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATES AS OF MAY 26, 1998, FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1--1988 2.2 That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 98-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT" AND THAT CERTAIN GROUND LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA GARDENS, L.P., DATES AS OF MAY 26, 1998, FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1--1988 (Agency Member Stone abstained with regard to this public hearing.) Housing and Redevelopment Manager Meyer presented the staff report (of record), noting that State law requires that 20% of the tax increment money generated by the RDA must be spent on the acquisition, the preservation, and the rehabilitation of affordable housing within the community. There being no public input, the following motion was offered: MOTION: Councilman Comerchero moved to adopt Resolution No. 98-47. The motion was seconded by Councilman Linderoans and voice vote reflected unanimous approval. MOTION: Agency Member Comerchero moved to adopt Resolution No. RDA 98-09. The motion was seconded by Agency Member Lindemans and voice vote reflected unanimous approval. At this time, the City Council meeting was recessed, minutes. RDA\052698 2 Temecula Redevelopment Aaencv Mav 26, 1998 DEPARTMENTAL REPORT No additional comments. EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 8:33 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 16, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Karel F. Lindemans, Chairman ATTEST: Susan W. Jones, CMC Acting City Clerk/District Secretary [SEAL] minutes. RDA\052698 3 ITEM 2 APPROVAL ~ CITY ATTORNEY DIRECTOR OF FINANCE ~,~ CITY MANAGER TO: FROM: DATE: SUBJECT: JOINT MEETING OF THE CITY OF TEMECULA AND TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT City Manager/City Council Executive Director/Redevelopment Agency Members  ,-~Joseph Kicak, Director of Public Works/City Engineer June 11, 1998 Award of Construction Contract for Old Town Streetscape Project - Project No. PW97-05 PREPARED BY: ~/' William G. Hughes, Senior Engineer - Capital Projects John Pourkazemi, Associate Engineer - Land Development RECOMMENDATION: That the Agency Members: Appropriate $1,800,000.00 of RDA Bond proceeds to the Redevelopment Agency (RDA) Capital Improvement Project Fund for the Old Town Streetscape Project, Project No. PW97-05. That the City Council: Accept Mallcraft's request to withdraw their bid, due to a clerical error conforming to Section 5103 of the Public Contract Code. Award a construction contract for the Old Town Streetscape Project to Valley Crest Landscape, Inc., San Diego, CA in the amount of $3,903,910.00 (contract after deleting bid additives totaling $387,705.00 ) and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $390,391.00 which is equal to 10% of the recommended contract amount. BACKGROUND: This project includes improvements on Front Street from Moreno Road to First Street, and Main Street from Mercedes Street to the bridge overcrossing Murrieta Creek. To provide flexibility in funding and selecting various improvements, the base bid was supplemented with additive and deductive bid items. The contract award amount represents the recommended additives. R:\AGDRPT\98\0611 .SPC\PW97-06.AWD/ajp The following three (3) bids were received and publicly opened on May 21, 1998: Base Bid & All Bid Additives 1. Mallcraft, Inc ................................. $ 4,073,000.00 2. Valley Crest Landscape, Inc ....................... $ 4,291,61 5.00 3. Edge Development ............................. $ 4,539,066.00 After the bids were received and opened, the low bidder requested that their bid be withdrawn due to an "inadvertent clerical error". The California Public Contract Code, Section 5103 requires that a bid withdrawal request must be substantiated by the following: -He or she gave the public entity written notice within five days after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred. -The mistake made the bid materially different than he or she intended it to be.-The mistake was made in filling out the bid and not due to error in judgement or to carelessness in inspecting the site of the work. Mallcraft Inc., substantiated their request by presenting their storm drain subcontractor's oversight which is attached. Based on Mallcraft's request, staff recommends awarding the contract to the second lowest bidder Valley Crest Landscape, Inc.. Although Valley Crest Landscape, Inc. has not performed work for the City of Temecula, they have completed or are completing similar projects for the cities of Yorba Linda, Long Beach, Glendale, and Huntington Beach. Valley Crest Landscape has also completed numerous private development projects. Recommended Project Bid Additives ( See attached Project Funding Options) The following additive items are recommended: · Sound system · Flag poles · Acceleration schedule (See Construction Schedule below) · GTE conduits (for future utility undergrounding) · Redwood boardwalk (at limited locations, so longevity of different materials can be compared) · SCE conduits (for future utility undergrounding) The following bid additive items are not recommended: · Arch entry monuments ( not included in the bid) · Bronze statuary · Ornamental crates and barrels · Graded Trail, (Paseo along the west side of Front Street from Moreno to Rancho California Road) The Arch Entry Monuments, Bronze Statuary, Ornamental Crates, Barrels, and Graded Trail can be postponed to a later date. Construction Schedule Without the acceleration additive, the specifications require that work shall commence on or before July 1, 1998 and be completed on or before November 15, 1998 except for the following items of work: · Wooden Boardwalk. · Landscape and Irrigation Improvements. · The graded trail and associated work between Rancho California Road and Moreno Road. · Landscape Architectural Features that are directly anchored onto the Boardwalk. R:\AG DRPT~98\0611 .SPC\PW97-OS,AWD/ajp The above items must be completed on or before December 30, 1998. The acceleration additive requires that all work including the above items be completed on or before November 15, 1998. FISCAL IMPACT: The Old Town Streetscape Project is an RDA Capital Improvement Project and is funded with existing RDA bond proceeds. An additional appropriation of $1,800,000 is required in Account No. 280-199-824-5804 to fund the proposed contract amount. Adequate bond proceeds are available for the appropriation amount. ATTACHMENTS: Project Funding Options Mallcraft, Inc. Request to Withdraw Bid Valley Crest Landscape, Inc. Contract R:\AGDRPT~98\0611 .SPC\PW97-05.AWD/ajp Old Town Project Funding Options Contractor: Valley Crest Item No. Description Base Bid Valley Crest Recommended Bid Amounts Amounts 1 2 3 4 5 Storm Drain System Street Improvements Ornamental Street Lights Irrigation & Landscaping Landscape Architectural Features Total Base Bid $891,458 $1,406,802 $495,687 $365,9O4 $1 O8,762 $3,268,613 $891,458 $1,406,802 $495,687 $365,904 $108,762 $3,268,613 1 2 3 4 5 6 7 8 9 Additive Bid Sound System Flag Pole Bronze Statuary Ornamental Crates and Barrels Graded Trail, Paseo to Rancho Calif Acceleration Schedule GTE Conduit and Pull Boxes Redwood Boardwalk (limited locations) SCE (conduit only) Arch Ways (removed from bid) Total Additive Bid Base Bid plus Additives $353,472 $26,051 $153,950 $25,437 $208,318 $193,214 $43,521 $13,470 $5,569 Not Bid $1,023,002 $4,291,615 $353,472 $26,051 $193,214 $43,521 $13,470 $5,569 Not Bid $635,297 $3,903,910 Contingency 10.00% $429,162 $390,391 Construction Total $4,720,777 $4,294,301.00 Deductive Bid Replace Wood Boardwalk with Stamp Pattern PCC Replace PCC paving & Decorative Inlays with AC ($321,981) $0 No Deductions Recommended Project Management Expenses Soil Testing Administration Survey ( Included in Construction Bid) Construction Management Project Management Total Total Project Costs Funds Available Additional Appropriation $35,000 $34,OOO $183,500 $252,500 $4,973,277 $2,737,216 ($2,236,060) $35,000 $34,000 $173,500 $242,500 $4,536,801 ($1,799,585) ~NC May 26, 1998 FAXED ,4NO City of Tcmecula 43200 Business Parle Drive Temecula, CA 92~g0 Aim: William G. Hu~tes, P.E. Samor En~ae~r _ Capital Projects Re: Old Town Sa'a~e . Project No. PW97-05 C~ntemcn: We respectfully reque~ tim our bid on ~c above referraced pro!ect be withdrawn d~ to an irtadvertent clexica/error. ~you have any quaions, please contact the undersignS. Yours truly, S. E. Pappas Vice President cc: file C.R.R.R.#Z 103 212 021 R: ~-i~p~-oim:t~ ~pw9 7~ pw 9 7 -0 SUtt~m~cratt. Itrl.~p May-28-g8 03:56pm From-MALLCRAFT, INC +6263883688 T-428 P.01/05 F-156 M3I,LCRAFT, INC. 2225 N. WINDSOR AVENUE ALTADENA, CA 91001 (626) 398-3598 FAX (626) 398-3698 LICENSE #243141 FAX MEMO TO: ATTN: DATE: PROJECT: REMARKS: CITY OF TEMECULA JOSEPH KICAK May 28, 1998 OLD TOWN STREETSCAPE - PROJECT NO. PW97-05 ATTACHED IS OUR. BID SL.-~. -FT FOR THE ABOVE REFERENCED PROJECT. THE DOLLAR. AMOUNT THAT WE HAD IN FOR THE STORM DR.M~ ($182,300) WAS FOR STR.UCTUR.ES ONLY AND DID NOT INCLUDE THE PIPING. TIlE PIPING COST IS APPROXIMATELY $450,000.00. AS YOU CAN SEE, WE COULD NOT POSSIBLE COMPI.F. TE THE PROJECT AT OUR BID PRICE. WE APPOLOGIZI::. FOR ANY INCONVENIENCE Tills INADVERTENT CLERICAL ERROR HAS CAUSED. THANK YOU. 11' YOU HAVE ANY QUESTIONS, PLEASE CONTACT: MALLCRAFT, INC. SHEEIVA CC: FILE May-ZS-98 03:56pm From-MALLCRAFT, NC +6263983698 %429 P.02/05 F-156 EE EEEEE EEE EEE EE EEEE May-~6-98 03:56pm From-~LLCRAFT, INC +6~63~83688 T-4~8 P.03/05 F-156 0 0 o ~'~ 0 o ~ 0 o o ~~o o ~o~ 0 ~ EE EE~EEEEEE 03:57pm From-t/IALLCRAFT, INC +6Z63983696 T-429 P.04/05 F-156 EEE~EEEE EE ~ , Ma¥-28-g8 03:57pm From-MALLCRAFT, INC +6263883698 T-42g P.05/05 F-~56 --t'kCK ':tYPE CONC,LWF.. YAh,TO PRICE BA_~ED ON ........ __p,... ~'~'"~. ~--"'T'.,,...~o,~.~,",,~,,.~-?,'~-.m.~---..%,.-.-.-. _-,~_ ___..-~--_ -~ · ,.-. ,,. --t,, ..,,., ~,. ,:.,...,, ..w ~ mm. m. [,m. o. ~ .am. ly" '~'~T.,~.~"~"~ '"" ,~.. ~ v-. u~ o. mu,..:uq were, ,m'. mg M re[nut mo,. [n.~ on~.m,m mr · · ~ CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW97-05 OLD TOWN STREETSCAPE PROJECT THIS CONTRACT, made and entered into the 11th day of June, 1998, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Valley Crest Landscape, Inc., hereinafter referred to as "CONTRACTOR." WlTNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW97- 05, OLD TOWN STREETSCAPE PROJECT, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW97-05, OLD TOWN STREETSCAPE PROJECT. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW97- 05, OLD TOWN STREETSCAPE PROJECT. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 r:\cip\projects\pw97\pw97-O7\contract.doc o The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW97-05, OLD TOWN STREETSCAPE PROJECT All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE MILLION NINE HUNDRED THOUSAND THREE NINE HUNDRED TEN DOLLARS and NO CENTS ($3,903,910.00), the total amount of the base bid and bid additives. CONTRACTOR agrees to complete the work as specified in Section 17 of the Instructions to Bidders, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: ao Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. CONTRACT CA-2 r:\cip\projects\pw97\pw97-O7\contract.doc Go Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contracts Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000- $75,000 $75,000- $500,000 OverS500,000 RETENTION PERIOD 180 days 180 days One Year RETENTION PERCENTAGE 3% $2,250 + 2% of amount in excess of $75,000 $10,750 + 1% of amount in excess of $500,000 ~ LIQUIDATED DAMAGES - EXTENSION OF TIME & BONUS. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of three thousand dollars ($3,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. The City shall pay to the Contractor, as a bonus, an amount equal to that stipulated in the Liquidated Damages per for each calendar day that completion of work is finished ahead of the date stipulated in Section 17 of the Instructions to Bidders. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT CA-3 r:\cip\projects\pw97\pw97-O7\contract,doc 10. 11. 12. 13. 14. 15. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. CONTRACT CA-4 r:\cip\projects\pw97\pw97-O7\contract.doc 16. 17. 18. 19. 20. 21. 22. NOTICE TO CITY OF I ABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. GOVERNING I AW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive CONTRACT CA-5 r:\cip\projects\pw97\pw97-07\contract.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR VALLEY CREST LANDSCAPE, INC. 8450 Miramar Place San Diego, CA 92121 Phone: (619) 458-9900 By: Print or type NAME DATED: APPROVED AS TO FORM: Print or type TITLE CITY OF TEMECULA By: Ron Roberts, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, Acting City Clerk CONTRACT CA-1 r:\cip\projects\pw97\pw97-O7\contract.doc WINCHESTER HILLS FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA WINCHESTER HILLS FINANCING AUTHORITY MAY 26, 1998 A regular meeting of the City of Temecula Winchester Hills Financing Authority was called to order at 8:33 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Comerchero presiding. PRESENT: 5 AUTHORITY MEMBERS: Ford, Lindemans, Roberts, Stone, and Comerchero. ABSENT: 0 AUTHORITY MEMBER: None. Also present were Executive Director Bradley, City Attorney Thorson, and Acting City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of May 12, 1998 MOTION: Authority Member Lindemans moved to approve Consent Calendar Item No. 1. The motion was seconded by Authority Member Stone and voice vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT Reiterating that the purpose for the creation of this Authority is to facilitate the financing or refinancing of the outstanding debt on the CFD bonds in the Winchester Hills area, Executive Director Bradley noted that meetings have been scheduled to ensure a successful completion of that project and that if any changes were to arise, the Authority Members would be immediately apprised. AUTHORITY MEMBERS' REPORTS Advising that the School Superintendent has responded to his concerns with regard to school fees, Authority Member Stone noted that the Superintendent has requested that a subcommittee meeting be scheduled in order to further address the issue. Minutes.WHFA~)51298 1 Temecula Winchester Hills Financin~ Authority 051298 Executive Director Bradley advised that a tentative meeting has been scheduled for Thursday, June 18, 1998. It was noted that Mayor Roberts and Councilman Stone would serve on this subcommittee. ADJOURNMENT At 8:37 P.M., the Temecula Winchester Hills Financing Authority meeting was formally adjourned to Tuesday, May 26, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeff Comerchero, Chairman Susan W. Jones, CMC Acting City Clerk/Authority Secretary [SEAL] Minutes. WH FA~051298 2 CITY COUNCIL BUSINESS ITEM 3 APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: PREPARED BY: City Manager/City Council Genie Roberts, Director of Finance June 11, 1998 Review of the Proposed FY 1999-03 Capital Improvement Program Gus Papagolos, Interim Senior Management Analyst¢~_-~ RECOMMENDATION: That the City Council review and discuss the proposed FY 1999-03 Capital Improvement Program (ClP), providing direction to staff as appropriate. DISCUSSION: The CIP is the City's plan for providing public improvements which exceed $25,000 in cost, have long-term life spans, and are nonrecurring. The proposed CIP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. CIP DEVELOPMENT The bound document is presented for City Council review and comments, and is separated as follows: - General Information Regarding the Capital Improvement Program - Revenue and Cost Summaries - Circulation Projects - Infrastructure/Other Projects - Park Projects - RDA Projects The proposed ClP is a culmination of six staff CIP workshops, which addressed each project for feasibility, necessity, funding sources, and timing. Of particular benefit to the proposed CIP was direction received as a result of the City Council goal setting workshops. All departments that were involved in the process contributed significantly to the discussions, resulting in a realistic and comprehensive proposed Five Year Capital Improvement Program. COSTS Overall, the total cost as identified in the CIP is $220,822,950. A total of 76 projects are included in the program, consisting of thirty (30) Circulation Projects, seventeen (17) Infrastructure/Other Projects, eighteen (18) Park Projects, and eleven (11) Redevelopment Agency/Housing Projects. The following illustrates the associated costs for each project classification and total cost: Project Circulation Infrastructure/Other Projects Parks Redevelopment RDA/Housing Cost 11,209,400 58,760,200 19,666,750 31,186,600 REVENUE Projected revenue from identified sources for the Five Year Capital Improvement Program is 9127,142,240. Unspecified (unfunded) project costs for the five year program total 999,843,560. Through the first two years of the five year program, there is adequate funding for all proposed projects. However, for the remaining three years, in the unspecified category, the deficiency begins and continues to increase to the five year total of 999,843,560 (please note that prior to considering the "unspecified funded" projects, the CIP Budget is in balance for completion of all proposed projects). Included in this five year plan are nine (9) projects which currently do not fit into the five year window, but warrant consideration and review in this document. These projects are proposed to be funded by both assessment districts and unspecified funds in future years for a total cost of 953,315,200, and is included in the total unspecified amount of 999,843,560. FISCAL IMPACT: The adoption of the FY 1999-03 Five Year Capital Improvement Program establishes the project appropriations for FY 1998-99. Attachment: Proposed City of Temecula Capital Improvement Program document