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AGENDA
TEMECULA CITY COUNCIL
AN ADJOURNED REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
SEPTEMBER 29, 1998 - 4:00 P.M.
Next in Order:
Ordinance: No. 98-18
Resolution: No. 98-96
CALL TO ORDER:
Mayor Roberts
Flag Salute:
Councilmember 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 prior to the Council addressing that item. There is a
five (5) minute time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made
at this time. A total, not to exceed, then (1 O) minutes will be devoted to these reports.
COUNCIL BUSINESS
Old Town Archways and Concrete Inlays - Project No. PW97-05
RECOMMENDATION:
1.1 Approval of contracts with engineers and contractors for installation of Old Town
Archways and Concrete Inlays.
R:~Agenda\092998
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2
4
Old Town Streetscape Project, Contract Change Order No. 011 for Extra Work to Install
Ground Level Electrical Outlets on the New Streetlight Standards, Project No. PW97-05
RECOMMENDATION:
2.1
Approve Contract Change Order No. 011, for ground level outlets on the streetlight
standards in the Old Town, in the amount of $24,951.55 and authorize the Mayor to
execute Change Order No. 011.
Old Town Streetscape Project, Contract Change Order for Extra Work to Install Two
Concrete Decorative Gateway Plazas and Four Concrete Intersections, Project No.
PW97-05
RECOMMENDATION:
3.1
Approve attached Contract Change Order No. 026 for the Old Town Concrete
Decorative Gateway Plazas and Concrete Intersections, in the amount of
$197,051.00 and authorize the Mayor to execute the Change Order.
3.2 Approve an additional $9,500.00 to require that the granite inlay work be performed
at night.
Rancho California Off-ramp Widenin.cl
RECOMMENDATION:
4.1 Oral report.
ClbS~d,Sbsslen'bf~the City Cou. ncil;;pUrsu~nt'to GovernmentCode:.~SectiOns:
1 ....Conference :.~th. City Attorney::.a.lld;:~;Ib'gal .counsel.: p:,uVsuant to::::Gb..vefhment Code"
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CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: October 13,
Park Drive, Temecula, California.
1998, 7:00 P.M.,
City Council Chambers, 43200 Business
R:~Agenda\092998
2
ITEM 1
CITY MANAGER .~~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Joseph Kicak, Director of Public Works/City Engineer
September 29, 1998
Authorize the purchase of Five Artistic Steel Inlays, Project No. PW97-05
PREPARED BY: zl~"~ William G. Hughes, Senior Engineer - Capital Projects
RECOMMENDATION: That the City Council:
1. Purchase five artistic steel inlays from Mr. Bob Morris in the amount of $15,500.00 and
authorize the Mayor to approve the purchase.
BACKGROUND: On June 11, 1998 the Old Town Streetscape project was awarded
to Valley Crest Inc. City staff has worked with local artist Bob Morris to develop a design concept
for the steel inlays to be added to the project.
This purchase will include five (5) artistic steel inlays to be installed at the intersection of Front
Street and Main Street. The inlays will be approximately 46 inches in diameter. One inlay will be
placed in the center of the Front Street and Main Street Intersection, and four will be placed in the
sidewalk areas on the four corners of Front and Main Streets. The four sidewalk inlays will portray
four periods of the City's past.
Public Bidding procedures were not required for this work because this is not a public works
project. The City is purchasing the artwork for installation by our Valley Crest Contractor.
Mr. Morris has completed numerous projects in the City of Temecula and in the Old Town Area.
FISCAL IMPACT: The Old Town Streetscape Project is an RDA Capital Improvement Project
and is funded with existing RDA bond proceeds. Adequate funds are available in Account No. 280-
199-824-5804.
R:~AGDRPT\98\O929\I=~/97-O5,PUR ARTWK.DOC/ajp
APPROVAIL~
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Joseph Kicak, Director of Public Works/City Engineer
DATE:
September 29, 1998
SUBJECT:
Steel Fabrication Contract for the Old Town Entry Archways, Project No.
PW97-05
PREPARED BY:
~'h~/illiam G. Hughes, Senior Engineer- Capital Projects
RECOMMENDATION:
That the City Council:
Award a contract for the steel fabrication of the Old Town Gateway Arch entry monuments
to Howe Welding and Fabrication, Murrieta, California in the amount of $106,950.00 and
authorize the Mayor to execute the contract.
Authorize the City Manager to approve change orders not to exceed the contingency amount
of $10,695.00, which is equal to 10% of the recommended agreement amount.
BACKGROUND: On June 11, 1998 the Old Town Streetscape project was awarded to
Valley Crest Inc. and the Public Works department was directed to pursue completion of artistic
Gateway Entry Archways for the north and south entrances to Front Street.
The steel archway fabrications will include the fabrication of the structural columns and archways,
steel cutting of the artistic features (from templates) and site installation. The fabrication of these
features is highly specialized and requires artistic oversight, structural design and unique steel
sculptural work. Howe Welding has the required licensing for the structural fabrication and
installation of the archways. Howe Welding and Fabrication will retain the services of Mr. Robert
Morris (Archway Artist) to oversee the design incorporation and fabrication.
The following proposal was received September 28, 1998:
Howe Welding and Fabrication ...................................................$ 106,950.00
Public Bidding procedures were not required for the archways due to the highly specialized artistic
creation and not a public works construction project. Also It would be uneconomical and inefficient
to perform this work with formal public contract procedures. The proposal has been reviewed and
is reasonable for the work required.
~\TEMEC_FS201 \DATA\D EPTS\PVV\AGDRPT\98\O929\PW97-OB,FAB ARTWK.DOC/ajp
A City appointed artist will oversee the design, fabrication and installation of the work. The Public
Works Department has assembled a team of craftsmen, contractors, and an engineer to properly
complete the work.
FISCAL IMPACT: The Old Town Streetscape Project is an RDA Capital Improvement Project
and is funded with existing RDA bond proceeds. Adequate funds are available in Account No. 280-
199-824-5804.
ATTACHMENTS:
1. Proposal
2. Contract
\\TIEMEC_FS201\DATA\DEPTS%F~V\AGDRPT\98\0929\pW97-OB,FAB ARTVVK.DOC/ajp
EXHIBIT "A"
SCOPE AND TERMS OF SERVICES
Contractor shall perform all tasks, provide and furnish all the labor, materials, necessary tools, expendable
equipment, and all utility and transportation services required necessary to complete the work as described in
the attached proposal dated September 28, 1998 to the satisfaction of the City. The contractor is required to
utilize the services of Mr. Bob Morris to coordinate and monitor all work. All work is subject to City review
and approval by the City of Temecula.
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. Substitute of any person, firm, or
corporation as subcontractor is subject to the approval of the City of Temecula.
All onsite work shall be coordinated with the City of Temecula and Valley Crest Construction to avoid
interruption work being performed by others.
All work performed by the contractor and his contractors shall be conducted with proper building and public
encroachment permits.
RECEIVED
SEP 2 8 1998 41218 Nick Lane, Murrieta, CA 92562
(909) 698-6997 · FAX (909) 698-0675
CITY OF TEMECULA
ENGINEERING DEPARTMENT
Page
City of Temecula Date September 28,
Public Works Department - Attention: Bill Hughes
P.O. Address P.O.Box 9033, Temecula, CA 92589 ~leph0ne 909 694-6411
,19 98
Job Address Project #PW97-05 Old Town Streetscape (Steel Fabrication)
of
2
Owner Contractor
THIS PROPOSAL IS VOID UNLESS ACCEPTED WITHIN THIRTY DAYS.
We propose to furnish all materials and labor necessary to perform the following:
Shop fabricate two (2) steel column sets and archways..All as
per drawings, architecture and structural by the City of Temecula
for the project known as Old Town Streetscape (Steel Fabrication)
Project #PW97-05. Includes per each two (2) support columns, two
(2) imbed anchor sets, one (1) tube frame with plate center section
archway. IncluSes fiel~ labor for installation of columns to footings
and installation of archway to columns. Also inlcudes sand blasting
and controlled rusting finish.
Fabrication Labor, Material & Field Installation & Tax $ 86,950.00
Sub-contracted: technical support, architectural artwork,
design, renderings and patterns. $ 20,000.00
Total Contract Price $106,950.00
Nnt included.- footings, concrete, rock, engineering, on-site
inspection, structural calcs., drawings, paint finish, or any
The entire amount of contract to be paid within days after completion. Any addition, alteration or deviation from
the above specifications w~ll become an extra charge over the sum mentioned in this contract and owner shall pay for
same weekly as such additional work, alteration or deviation progresses.
Under the mechanic's Lien Law (California Code of Civil Procedure, Respectfully submitted,
Section 1181 et seq.), any contractor, subcontractor, laborer, supplier or
other person who helps to improve your property but is not paid for his
work or supplies, has a right to enforce a claim against your property.
This means that, after a court hearing, your property could be sold by a C O,'~TrZ'~ 1 ~N'U 2~ D0i~PA C-2~ 2
court officer and the proceeds of the sale used to satisfy the
indebtedness. This can happen even if you have paid your own By
contractor ~n full, ~f the subcontractor, laborer, or supplier remains unpaid.
Contractor
You are authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which __
agree to pay the amount in the said proposal, and according to the terms thereof. I have read the conditions of proposal and contract
on the reverse side hereof and agree to same.
ACCEPTED
DATE ,19
41218 Nick Lane, Murrieta, CA 92562
(909) 698-6997 · FAX (909) 698-0675
Page
2 of
T0 City Of Temecula Date September 28, ,19 98
Public Works Department - Attention: Bill Hughes
P.O. Address P.O.Box 9033, Temecula, CA 92589 Te~ephoDe 909 694-6411
Job Address Project ~PW97-05 Oldl Town Streetscape (Steel Fabrication)
Owner Contractor
THIS PROPOSAL IS VOID UNLESS ACCEPTED WITHIN THIRTY DAYS.
We propose to furnish all materials and labor necessary to perform the following:
CONTINUED FROM PAGE 1
on-site labor except for installation of columns and archway.
Specified time for fabrication ann installation of project is
six (6) weeks from date approved structural drawings from the
City of Temecula are received by Howe Weld. ing.
Note: Prevailing wa~e will be paid for on-site installation
only.
Total Contract Price $ 106,950.00
The entire amount of contract to be paid within 30 days after completion. Any addition, alteration or deviation from
the above specifications w]ll become an extra charge over the sum mentioned in this contract and owner shall pay for
same weekly as such additional work, alteration or deviation progresses.
Under the mechanic's Lien Law (California Code of Civil Procedure,
Section 1181 et seq.), any contractor, subcontractor, laborer, supplier or
other person who helps to improve your property but is not paid for his
work or supplies, has a right to enforce a claim against your property.
This means that. after a court hearing, your property could be sold by a
court officer and the proceeds of the sake used to satisfy the
indebtedness. This can happen even if you have paid your own
contractor in full, ff the subcontractor, laborer, or supplier remains unpaid.
Respectfully submitted,
You are authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which __
agree to pay the amount in the said proposal, and according to the terms thereof. I have read the conditions of proposal and contract
on the reverse side hereof and agree to same.
ACCEPTED
DATE ,19__
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT FOR
STEEL FABRICATION
PROJECT NO. PW97-05
OLD TOWN STREETSCAPE
THIS CONTRACT, made and entered into the 29th, day of September, 1998, by and between
the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Howe
Welding & Fabrication, hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1.8.
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 (STEEL FABRICATION), 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 (STEEL FABRICATION). Copies of these Standard Specifications are
available from the publisher:
Building New, Incorporated
3055 Overland Avenue
Los Angeles, California 90034
(213) 202-7775
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provision, and Technical Specifications for PROJECT NO.
PW97-05, OLD TOWN STREETSCAPE (STEEL FABRICATION).
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%pw97-05 %howeweldcontract
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 (STEEL FABRICATION)
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 SCHDULE. 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 SIX THOUSAND NINE HUNDRED FIFTY DOLLARS and NO CENTS
($106,950.00), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed Sixty (60)
working days, 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 SCEHDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days after acceptance of final payment and the CONTRACTOR
R:~cip\projects\pw97\pw97-05\howeweldcontract
2
filing a one-year Warranty and an Affidavit of Final Release with the CITY on
forms provided by the CITY.
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 Contract
Code Section 7107 is hereby incorporated by reference.
In accordance with Section 9-3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete.
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 0 $75,000
RETENTION PERIOD RETENTION PERCENTAGE
180 days 3%
$75,00-$500,000
180 days
$2,250 + 2% of amount in
excess of $75,000
Over $500,000
One Year
$10,750 + 1% of amount
in excess of $500,000
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. 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.
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.
R:\cip\projects\pw97\pw97-05\howeweldcontract
3
10.
11.
12.
13.
14.
15.
16.
PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the
Director of the Department of Industrial Relations. These rates are on file with the City
Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in
violation of the provisions of the Contract.
TIME OF THE ESSENCE. Time is of the essence in this contract.
INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the dsk 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.
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
R:~cip\projects\pw97\pw97-05\howeweldcontract
4
17.
18.
19.
20.
21.
22.
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will
not, discriminate in its employment practices on the basis of race, creed, religion,
national origin, color, sex age, or handicap.
GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Contract and also govern the interpretation of this Contract. Any litigation
concerning this Contract 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
Temecula, CA 92590-3606
R:~cip\projects~pw97\pw97-O5\howeweldcontract
5
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written,
DATED:
CONTRACTOR
Howe Welding & Fabrication
41218 Nick Lane
Murrieta, CA 92562
(909) 698-6997
By:
Randy Howe, Owner
DATED:
APPROVED AS TO FORM:
CITY OF TEMECULA
By:
Ron Roberrs, Mayor
Peter M. Thomon, City Attorney
ATTEST:
Susan W. Jones, CMC, City Clerk
R:\cip\projects~pw97\pw97-05\howeweldcontract
6
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Joseph Kicak, Director of Public Works/City Engineer
September 29, 1998
Professional Services Agreement with McDaniel Engineering for Structural Design
for the Old Town Gateway Plaza Steel Arches - Project No. PW97-05
PREPARED BY: William G. Hughes, Senior Engineer- Capital Projects
RECOMMENDATION: That the City Council:
1. Approve a Professional Services Agreement with McDaniel Engineering for Structural Design
for the Old Town Gateway Plaza Steel Arches for the Old Town Streetscape Project, in the
amount of $25,000.00 and authorize the Mayor to execute the contract.
2. Authorize the City Manager to approve change orders not to exceed the contingency amount
of $2,500.00, which is equal to 10% of the contract amount.
BACKGROUND: On June 11, 1998 funds were appropriated for artistic Gateway Entrance
Archways at the north and south entrances to Front Street.
These arches require specialized design to ensure its proper construction and installation. City staff
has worked with McDaniel Engineering and we have confidence in their ability to properly complete
this engineering design.
The Public Works Department is assembling a team of craftsmen, contractors, and an engineer to
properly complete the artist archway work.
FISCAL IMPACT: This project is a Capital Improvement Project funded through
Redevelopment Agency bond proceeds. Adequate funds are available for this agreement of
$25,000.00 and the contingency amount of $2,500.00 for a total agreement cost of $27,500.00 in
account No. 280-199-824-5804.
ATTACHMENT:
Mc Daniel Engineering Agreement
R:tAGDRPTi198tO929tPR09 7-05A.DOC/ajp
CITY OF TEMECULA
AGREEMENT
FOR PROFESSIONAL DESIGN SERVICES
OLD TOWN STREETSCAPE
PROJECT NO. PW97-05
THIS AGREEMENT, is made and effective as of September 29, 1998, between the City
of Temecula, a municipal corporation ("City") and McDaniel Engineering, ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM. This Agreement shall commence on September 29, 1998. And shall
remain and continue in effect until tasks described herein are completed, but in no event later
than September 29, 1999, unless sooner terminated pursuant to the provisions of this
Agreement.
2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit
A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete
the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and
incorporated herein by this reference as though set forth in full, based upon actual time spent on
the above tasks. This amount shall not exceed Twenty Five Thousand Dollars and No Cents
($25,000.00) for the total term of the Agreement unless additional payment is approved as
provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless
such additional services are authorized in advance and in writing by the City Manager.
Consultant shall be compensated for any additional services in the amounts and in the manner
as agreed to by City Manager and Consultant at the time City's written authorization is given to
Consultant for the performance of said services. The City Manager may approve additional
work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall
such sum exceed twenty five thousand dollars ($25,000.00). Any additional work in excess of
this amount shall be approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, for services provided in the
previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to
all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to
Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
- 1 - R:~cip\projects~pw97\pw97-O5\mcdanielengagrmt
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall
pay to Consultant the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to
this Section, the Consultant will submit an invoice to the City pursuant to Section 3.
6. DEFAULT 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
wdtten 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 default. The Consultant shall have (10) days after service upon
it of said notice in which to cure the default by rendering a satisfactory performance. In the
event that the Consultant fails to cure its default within such period of time, the City shall have
the right, notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be entitled at
law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings and activities related to this Agreement. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files, surveys,
notes, and other documents prepared in the course of providing the services to be performed
pursuant to this Agreement shall become the sole property of the City and may be used, reused
or otherwise disposed of by the City without the permission of the Consultant. With respect to
computer files, Consultant shall make available to the City, upon reasonable written request by
- 2 - R:~cip\projects\pw97\pw97-05\mcdanielengagrmt
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 wdtten consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and
hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature
which the City, its officers, agents and employees may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising out of
Consultant's negligent or wrongful acts or omissions in performing or failing to perform under
the terms of this Agreement, excepting only liability adsing out of the negligence of the City.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001 ).
(2)
Insurance Services Office form number CA 0001 red. 1187) covering
Automobile Liability, code I (any auto).
(3)
Workers Compensation insurance as required by the State of California
and Employers Liability Insurance.
(4)
Errors and omissions liability insurance appropriate to the consultant's
profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1)
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) Employers Liability: $1,000,000 per accident for bodily injury or disease.
(4) Errors and omissions liability: $1,000,000 per occurrence.
c. Deductibles and Self-Insured Retention's. 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
- 3 - R:~cip\projects\pwg7~pw97-05\rncdanielengagrmt
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by the
Consultant; or automobiles owned, leased, hired or borrowed by the
Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, officials, employees or
volunteers.
(2)
For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers shall
be excess of the Consultant's insurance and shall not contribute with it.
(3)
Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4)
The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability,
(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' pdor wdtten
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Covera.qe. Consultant shall furnish the City with odginal
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR.
Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on
behalf of Consultant shall at all times be under Consultant's exclusive direction
and control. Neither City nor any of its officers, employees or agents shall have
control over the conduct of Consultant or any of Consultant's officers, employees
or agents, except as set forth in this Agreement. Consultant shall not at any time
- 4 - R:~cip\projects\pw97\pw97-05Vncdanietengagrmt
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.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State
and Federal laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its service pursuant to this Agreement. The Consultant shall at all
times observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant to
comply with this section.
12. 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 interrogatodes or
other information concerning the work performed under this Agreement or relating to any project
or property located within the City. Response to a subpoena or court order shall not be
considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed thereunder or with respect to any project or property located within the City. City
retains the right, but has no obligation, to represent Consultant and/or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response.
13. 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 be a reputable document delivery sen/ice, such as but not limited to, Federal Express,
that provides a receipt showing date and time of delivery, or (iii) mailing in the United States
Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the
party as set forth below or at any other address as that party may later designate by Notice:
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attn: City Manager
- 5 - R:~cip\projects\pw97\pw97-05\mcdanielengagrmt
To Consultant:
McDaniel Engineering Company
5030 Camino De La Siesta, Suite 204
San Diego, CA 92108
(619) 692-1920
Attn: Jack E. Abcarius, P.E., Vice President
14. 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. Because of the personal nature of the services to be rendered pursuant to this
Agreement, only Jack E. Abcadus, shall perform the services described in this Agreement Jack
E. Abcarius may use assistants, under their direct supervision, to perform some of the services
under this Agreement. Consultant shall provide City fourteen (14) days' notice pdor to the
departure of Jack E. Abcadus from Consultant's employ. Should he or she leave Consultant's
employ, the City shall have the option to immediately terminate this Agreement, within three (3)
days of the close of said notice pedod. Upon termination of this Agreement, Consultant's sole
compensation shall be payment for actual services performed up to, and including, the date of
termination or as may be otherwise agreed to in wdting between the City Council and the
Consultant.
15. LICENSES. At all times dudng 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.
16. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of Califomia 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 distdct court
with geographic jurisdiction over the City of Temecula. In the event of litigation between the
parties concerning this Agreement, the prevailing party as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
17. 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.
18. 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 above written.
CITY OF TEMECULA
By
Ron Roberts, Mayor
- 6 - R:~cip~projects\pw97\pw97-05\mcdanielengagrmt
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
McDaniel Engineering Company
5030 Camino De La Siesta, Suite 204
San Diego, CA 92108
(619) 692-1920
By:
Jack E. Abcadus, P.E. Vice President
- 7 - R:~cip\projects\pw97\pw97-05\mcdanielengagrmt
EXHIBIT A
TASKS TO BE PERFORMED
PAYMENT SCHEDULE
- 8 - R:~cip\projects\pwg7\pw97-O5\mcdanielengagrmt
lFriday September 25, 1998 7:Z~88 -- F~'om '619 692 06,~' -- Page 2I
09/25/98 FRI 10:38 FAX 619 692 0634 IcDANIKL EN43 CO.
, , 13ANlIvL ENGINEERING
I~O0!
SelY tv25, 1995
T--wrde~ CA 92590
iAtteatiosc
IDe~ Bffi
Mr. Bill HuBbe~ 8eeior EaBims
m .,~v,-I fer the Siredreal .DealIra of the Gaiety PLan Steel Arch
:
Wop~' TO ~e. ls~es~3eM~n ny Tree CONSULTANT
&
~ Camino De La Siesta, Suite 204 · San Oie9o, Caifomia'92108 · (6t9) 692-1920 Fax (619) 692-0634
E-Mail: ktcOanielOlntemelMCI.com
i
L.Lfz. i~clLa_y September 25, 1998 7::36am -- Froin '619 692 06.'.'.'.'.'.'.'.'.~.' -- Page 3i
09/25/98 F'R:[ 10:39 FAX 619 692 0634 ICDANII~I'. !~IG C0,
1~003
G. bxx~F. k ,-e, ae,'-"o,,efar ,cbik..-hsddelaibimle~'-i,--dapecw. c~omff~.
I-L Suimdtdaerequimimalxwofplansets, c-ale~L..eom
I-L
L De."_-
L. Smka.,b~oo,.a~(~beco,,mxlbyafmmeFirMcesnry).
M. ComforaSeecypemimaadia,,,c~;.Sfecs.
Welookforwanimhauingftmyou.
Verytna'yyoun,
AUacim~ent: 1998 Scheduks of Fees
ITEM 2
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Joseph Kicak, Director of Public Works/City Engineer
September 29, 1998
Old Town Streetscape Project, Contract Change Order No. 011 for Extra Work
to Install Ground Level Electrical Outlets on the New Streetlight Standards,
Project No. PW97-05
PREPARED BY:
William G. Hughes, Senior Engineer- Capital Projects
RECOMMENDATION:
That the City Council:
Approve Contract Change Order No. 011, for ground level outlets on the streetlight standards
in the Old Town, in the amount of $24,951.55 and authorize the Mayor to execute Change
Order No. 011.
BACKGROUND: On June 11, 1998 the City Council awarded a construction contract
to Valley Crest Landscape, Inc. to complete the Old Town Streetscape project.
The original project includes streetlights with electric outlets on top for decorative accent lighting.
Outlets were not originally requested at ground level. During a Monday night merchants meeting
ground level outlets were requested for street fair events.
Staff has negotiated with the Contractor to add 84 ground level outlets in the amount of $ 24,951.55
The additional work consists of installing new circuit breakers, conduits, weather proof aluminum
locking covers, and retrofitting the light standards. The ground level outlets will be on light standards
on Front Street from Moreno Ddve to First Street and Main Street from Mercedes to Murrieta Creek.
Time is of the essence because the light standards are being manufactured and they will be
delivered in the next few weeks.
Note that the numbering sequence of the change order is not representative of the number of
approved change orders. Valley Crest creates a new change order number for every request for a
change regardless if the change is approved or not. At this time the only approved changes have
been for the westerly temporary road behind the Chaparral Building, the easterly temporary road to
be constructed between First Street and Mercedes, and special granite cutting for the flag pole
dedication plaques.
FISCAL IMPACT: The Old Town Streetscape Project is a RDA Capital Improvement Project and
is funded with existing RDA bond proceeds. Adequate funds are available in Account No. 280-199-
824-5804.
ATTACHMENTS: Contract Change Order No. 011
R:\AGDRPT\98\O929'~PV~/97-OIS,CCO 011 .DOC/ajp
16. 1998 1:66pm -- From '909 788 1Z56'
/16/98 WED 16:51 FAX 909 788 1256
..:
-- Page
A A WEBB ASSOC
VALLEY CREST
ESTIMATE NO. 011
·
TO:
AlbertA, Webb ASSociates
28481 Rancho. CaEfomla Road
Temecula. CA 92590
Phmte(90g) 886-107o Fax (909) 788-1256
JOB NAME: Temectda Sb,o~tsc~ape
Yernecu cA
NO,: 103124
ATTN: Scott
scope, OF Wom~
SCHEDULE OF COSTS in rc~por~c I~ Webb's writlen
fequed t~ .VC R$I #
X Orderb
Dei.;fltstk,,,: Irud~atkm oflght pole ~*_,._-Ia system,
r...,lt'OTAL
500.00
914 ~0
2,4J~1.55
NOTES;
TOTAL ~ THIS ESTIMATE: ' $ 24.9$1
1. Thl~ worn w'dl n~ be done uNi/approved and · written change order Is issued.
X 2. Asigr~t~m~teloweuthoTtz~us!o~wlBltheworkde6crlxdsbove, ai~heei-ladPhces,
X 3. ~k~n of time neces~n/for thb cl.~,~Jo: 2 w~t~ng days.
X ~- This 6~tirr~l~ will terrain in effect for 30 d~/s one/. Altar expirstlon a new e~imatc will be
tulm~ted upon requesL
X 5. Th~ work was done in accadance wnh your omer to ~ p~ase issue change omer.
APPROVED:
Clients Name:
Foam 294S0~3C fib, e,
VALLEY CREST
ITEM
APPROVAL
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City ManagedCity Council
Joseph Kicak, Director of Public Works/City Engineer
September 29, 1998
Old Town Streetscape Project, Contract Change Order for extra work to
install Two Concrete Decorative Gateway Plazas and Four Concrete
Intersections, Project No. PW97-05
PREPARED BY: ~
RECOMMENDATION:
1.
William G. Hughes, Senior Engineer - Capital Projects
That the City Council:
Approve attached Contract Change Order No. 026 for the Old Town Concrete Decorative
Gateway Plazas and Concrete Intersections, in the amount of $197,051.00 and authorize
the Mayor to execute the Change Order.
Approve an additional $9,500.00 to require that the granite inlay work be performed at night.
BACKGROUND: On June 11, 1998 the City Council awarded a construction contract
to Valley Crest Landscape, Inc. to complete the Old Town Streetscape project. On September 8,
1998 the City Council authorized the Public Works Department to advertise for new bids for the
concrete intersection.
We have now successful negotiated a change order for the concrete gateway and intersection work
with Valley Crest for an acceptable pdce and without adding working days to complete the contract.
The additional work consist of specially treated concrete street surfacing at both gateway
entrances, and at the intersections on Front Street and 3% 5th, 6th and Main Street. Also granite
enhancements are proposed at both gateway entrances, and at the intersection of Front Street and
Main Street and 6th Street. We are recommending approving the Change Order with the stipulation
that the granite inlays be accomplished at night to minimize road closures. This will cost an
additional $9,500.00.
Time is of the essence to complete the additional work within the current contract time.
Note that the numbering sequence of the change order is not representative of the number of
approved change orders. Valley Crest creates a new change order number for every request for
a change regardless if the change is approved or not. At this time the only approved changes have
been for the westerly temporary road behind the Chaparral Building, easterly temporary road to be
constructed between First Street and Mercedes, and special granite cutting for the flag pole
dedication plaques.
R:\AGDRPT~98\O929\PVV97-O5,CCO O26.DOC/ajp
FISCAL IMPACT: The Old Town Streetscape Project is a RDA Capital Improvement Project
and is funded with existing RDA bond proceeds. Adequate funds are available in Account No. 280-
199-824-5804.
ATTACHMENTS:
Contract Change Order 026
Vicinity Map
R:\AGDRPT\98\O929~PW97-05,CCO 026.DOC/ajp
IThursday September 2~,, 1<~8 l:20pm-- Page
8EP--24--98 84:24 PM
VALLEY
CREST
8450 Miramar Place * San Diego, Celifomia 92121
Phone (819) 458-9900 · Fax (619) 458-9904
P.02
To:
Albert A. Webb Associates
28481 Ranco California Road, Suite 106
Temecula, CA 92590
TRANSMITTAL 1030
Date:
September 24, 1998
Attention: Scott Hildebmndt
Job
Name:
Temecula Streetscape
VC Job No: 103124
Ladies and/or Gentlemen:
We are sending you
of
Copies Date
I 9124/98
Herewith
['] Under separate cover as follows:
Description ................
Cost Estimate #026 - REVISED QUOTE, Intersections
Scott,
Please respond to Valley Crest in writing by 9-28498.
Very truly yours,
Project Manager
xc: Distribution
Received by:
Date:
233SD.DOC (Revised 10/97)
[Thursday September 24, 19~8 1:20pro -- Page
SEP-24-98 84:25 PH
VALLEY CREST
ESTIMATE NO. 026
P. O~;
TO:
ATTN:
Atbert A. Webb Associates
28481 Rancho Califomia Road
Ternecule, CA 92590
Phone (909) 686-t070 Fax (909) 788-t256
Scott Hildebrandt
JOB NAME: Temecula Streetscape
Temecule, CA
JOB NO.: 103124
We submit the following
~ Wdtten request
ESTIMATE' .... X "'S~H~DULE OF C~TS in response to: Field dire~on by
Webb
Verbal Order to
request Foceed
Peecrlptlon.: REVISED SCOPE OF WORK/COSTS: Add for
Concrete Decorative Gateway Plazas (2) and Concrete
Intersections (4). . ....
THlr. FOLI.OWINC IS TIIr. PROPOSR1} WORK ARF. A.~ PER YOUR RF.01LrR,qr !~oR RX'TIIA WORK:
, Gateway PIR T~-~ - two (2)
· Intersection of Main Street and Fzont Street
· Into'section orFront SWeet and 3'd Street
· Intersection of Front Street and 5' S~zeet
· Intcrscction ofFfont Street and 6* Strcct
SCOPE. Olz WORld:
l. Demo ~-xisting intersections ofFfont Street and 6* Street, Front Street and 5t Street and the Gateway ,~-ntzance at
Front Street and Morcno Street,
2. Supply and install Class H Base rnatcrial pcr approved detail drawing for four (4) intersections and two (2) gateway
entrances,
3. Supply and install concrete sub-base and stamped decorative structures per approved detail drawing. (Artwork
supplied and installed by others).
Supply and install Granite per approved dcta~ drawing (1200 s.f-).
· ADD - Installation of granite at night C3
5- Provide traffic control for installation of this work requested at each intersection (hard closures at each intersection -
NO THROUGH TRAFFIC).
Clcan up work areas to n condition equal to or better than site conditions prior to proposed work activltlcg.
Fore12g4,~D.DOC (Rev. 12/8~7)
8450 Mkemer Pbc~ * San Diego. Caif0ff~ie 92121
Phoee (610)458-9900 * Fax (819) 458-9904
~Thursday September 2/,, 1998 l:20pm -- Page
SEP--24--98 84:25
P,el4
TIlI~ AROV~. rd'~P!~. fiF WORK IR RA,~.. fin ~- ~I,I ~G ~~ON~ A~ EX~,U~ONS:
1, ~cb ~o~on ~11 ~ c~pl~!y c!~ m ~gh n~c ~3c ~rk is ~g ~H,
~s d~ ~ wct conditi~s, additi~al c~ ~1 ~ ~u~ for all ~int~ wor~
3. Valley ~t ~!1 ~t ~ re~nsible rot ~e scheduling of~ ~mlla~ of~e p~ ~ork.
4. ~work to ~ s~li~ ~d ins~llcd by o~, in ~rdiuU~ wi~ Vallcy ~e~'s ~ work r~u~ ~
· e ~ty.
S. Work shall ~ ~o~ed on a mi~mum o~o (2) ~t~U~s at n ~me.
6. G,~i~ m ~ s~Hed ~ ~tewa~ R~k ~d 8~ly ~. - ~ple ~v~ by ~ Ci~.
7. Bid b~ ~ Re~ ~~ ~ 9-17-98 by ~ ~~
No ~fore~t ~]ud~ - No~ i&nti~ ~ ~win~.
· E~ATE IN~/-~g8 A DRDU~ ~O~ OF $17~.~ ~OM CO~~D WO~
· COST IMPACT:
AMOUNT REQUESTZD
195,100.00
1.951.00
197,051.00
NOTES: X
2.
3.
4.
TOTAL ADD THIS ESTIMATE: $.197.05t.00
This work will not be done unti~. approved and a written change order is issued.
A Signature below authorizes us to proceed wlth the work described above, at the stnted prices.
Extension of time necessary for this change: 0 working days.
This estimate wgl remain in effect fo~ 80 days only. Alter expiration a new estimate will be
submitted upon request.
6. This work was done in accordance with your order to proceed: please Issue change order.
APPROVED:
Clienrs Name:
By:
Date:
VALLEY CREST
Tie: M
Date: 9-24-98
Form 2945D.DO C (Rev. 12/8/97)
8450 Mlram~r Plate * :San Diego. CIIlilomlll 92121
Phor~ (6t9) 458-11900 · Fax (619) 458*9904
ITEM 4
ORAL REPORT